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ARTICLE · 22 JUNE 2016

Songs And Samples

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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Recent music cases involving both types of copyright have shown once again that where there's a right, there's a fight – especially where significant cash is at stake.

United KingdomIntellectual Property

Recent music cases involving both types of copyright have shown once again that where there's a right, there's a fight – especially where significant cash is at stake. In this article, we will briefly examine some of the recent cases and settlements both home and abroad, discuss how the law is developing and highlight the implications for artists and rights holders.

One song? Two rights:

There are, broadly, two distinct copyright works in each and every recorded song:

1 – the copyright in the song itself (the melody and lyrics), and

2 – the recording of the song.

Publishing companies exploit and commercialise number 1. Record companies number 2.

Whose tune is it anyway?

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