To become a holder of this right generally requires no formalities whatsoever. In the wording of CISAC’s Charter of the author’s right, "the author’s right is based upon the act of creation itself." All that is needed is that a creative work becomes fixed in a tangible form. From that moment on, an author is granted legal protection, the nature of which is provided by copyright law.

The need to protect copyright

"The authors of literary, musical, artistic and scientific works play a spiritual and intellectual role in society which is to the profound and lasting benefit of humanity and a decisive factor in shaping the course of civilisation. " (CISAC Charter, art. 1)

One of the essential ways by which our society acknowledges this crucial importance of creativity is by the protection that author’s rights provide. The legal protection offered by copyright law grants authors both the recognition of their work and allows them to obtain fair economic rewards for their creative activities.

Although the protection by law should assure creators that their works can be disseminated without fear of unauthorised uses, widespread illegal copying of music on the Internet and continuing piracy show that legal theory and day-to-day practice don’t always match. That’s why authors and their representatives continuously strive to defend and promote the application of author’s rights.

Which works are included?

The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; visual art works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.

"The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainment in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science." (Berne Convention, art. 2 (1))

What rights does copyright provide?

Authors of a creative work hold the exclusive right to use or authorise others to use the work on agreed terms. This generally means that they can prohibit or authorise:

- its reproduction, like in printed publication or as a sound recording;
- its public performance, as in a play or musical work;
- recordings of it, for example, in the form of compact discs, cassettes or videotapes;
- its broadcasting, by radio, cable, satellite or over the internet;
- its adaptation, such as a novel into a screenplay;
- its translation into other languages.

How long does copyright last?

The international standard for protection, established by the Berne Convention, is the life of the author and fifty years after his death. However, in many countries, such as the United States and many European countries, the protection is extended for the life of a work’s author plus an additional seventy years. Once the term expires, the work enters the public domain where it can be freely used by anyone.