7 Nov 2022

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The copyright and authorship contract

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Academic level: College

Paper type: Essay (Any Type)

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Introduction 

The management of a given contract upon the execution of the contract is known as contract administration. Therefore, the final contract serves as the approval that the two firms/people/parties/companies involved in the contract meet the set agreement’s rules and regulations ( Hunter, 2017) . The two companies are the authorship works and copyright industry both engaged in the production of films and music. The issues arising in the music industries are governed/controlled by the contract between these two parties. Under the deal, the copyright protects by law to all works created in the industry. In other words, copyright gives rights related to publishing, distribution, and copying of work made in the music/film industry. The authorship on the other end is the responsible for the creation of the work. Work is created by the author who is the only individual with the right of publishing, modifying and re-publishing the work claimed. 

Contract’s Purpose 

The copyright and authorship contract is paramount due to consistent issues that arise in the music industry including piracy or theft of original’s author work that leading to violation of embedded rights. Piracy is a significant concern that has rendered most of the author’s work less valuable and has ruined the effectiveness of musical industry. The issue has been brought about by mainly technological advancement that has simplified the access and copying of author’s work without consent. For this reason, the enactment of the contract is essential as it enhances the security of the author’s work (Belleflamme & Peitz, 2014).  

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A contract serves as a promise to both parties that efficient work will be released to the society through the establishment of rules and regulations. The copyright laws such as those made in 1974 are included in the terms and conditions and have proven effective. In other words, the laws have protected the videos and written documents thus enabling authors to reap from their works (Zemer, 2017). 

Statement of Expectation 

The actions, responsibilities, and tasks to be performed by the two parties in the agreement are included in the statement of expectation. Additionally, the actions, duties, and tasks take into consideration the set rules and regulations that abide the two parties. The report of expectation in the music industry entails; 

I . Content Originality 

This involves the copyright ownership protection in the statement of expectation over all involved publishers in the agreement/contract. In this instance, the producing or reproducing of work’s material by the copyright needs consent from the copyright holder. Furthermore, according to the agreement between the two parties, the produced or reproduced material of work cannot be published unless having again been provided by the author (Moser & Slay, 2011). This implies that the initial consent applies only to the preparation of the manuscript. It is vital because it ensures that the author’s work is secure all the time. In other words, it confirms that all author’s content is original and that the manuscripts and work submitted is held by authorized personnel. 

II. Authorship Duties 

In this part of the statement of work, the authorship integrity is protected by listing all the co-authors' groups which are deemed to have considerably contributed to the inquiry of tasks, the production process as well as in manuscripts preparation. The principal author(s) usually has/have the mandate of pointing out the involved co-authors but, the co-authors have the final stand on whether they have agreed to be listed/mentioned during the publication of the manuscript (Zemer, 2017). Generally, the acceptance of publication of manuscripts by an author is an indication that he/she has included all the necessary details including the groups of co-authors. 

Stakeholders’ Requirements 

Based on stakeholder’s requirements, the copyright jurisdiction of verifying and justifying a video can only be conducted at home with the families and friends but not in the community arenas. This is by the copyright rules that impede public participation without consent from the copyright owner. The laws (copyright) have also observed the appropriate utilization of videos that may include but not limited to teaching, scientific parody, comments, research, and critics. Therefore, stakeholder’s requirements abide by the rules and regulations set forth by the copyright. 

Contract Format 

Copyright Transfer Agreement is the selected contract format in this case. This particular format is critical for prevailing the activities involved in the musical industry. Ideally, it is a legal document that contains the terms and conditions that govern all activities of the copyright and the author (Moser & Slay, 2011). The permissions for copyright to handle author’s work is embedded in it. In this document, an acknowledgment statement is essential to give legal consent to the copyright for lawful access, publication, and copying by the laid terms and conditions. 

Uniform Commercial Code (UCC) 

It incorporates suggested set of laws that relate to the commercial transactions. Therefore, it is paramount in this contract as the set terms and conditions between authorship and copyright are applied at a global scale in the music industry. In the uniform commercial code, the article 2B relates to the contractual transactions linked to the copyright industries. In the section 2B-108, contractual choice forum terms are defined while the 2B-109 discusses issues of contract breach ( Hunter, 2017) . In short, the uniform commercial code within an agreement/contract aid in enhancing the efficiency of work between the two involved parties. 

Conclusion 

Copyright and authorship contract have assisted in tasks flows, and the abiding by the rules and regulations set has further enhanced contract efficiency. For this reason, legal transactions and security have been promoted thus benefiting both parties particularly the authors who reap from their productions. Additionally, the statement of expectation enables tasks’ implementation by laying out the responsibilities of each party. It can, therefore, be asserted that a contract between authorship and copyright lead to their protection and more importantly, lead to the production of original content which is beneficial to both parties. 

References 

Belleflamme, P., & Peitz, M. (2014).  Digital piracy  (pp. 1-8). Springer New York. 

Hunter, H. (2017). Modern Law of Contracts. 

Moser, D. J., & Slay, C. L. (2011). Music copyright law . Nelson Education. 

Zemer, L. (2017).  The idea of authorship in copyright . Routledge. 

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