Understanding the Music Law
Rarely to the masses care to know about certain clauses related to specific laws such as the music law. There are, however, those who have heard things related to this law but the things they heard were not as clear to them since they need to be interpreted to them.
Taking a closer look of the law, however, we realize it is not hard to understand at all for those who take the time to read broadly about it. The easiest way to interpret any law is by interpreting it clause by clause and then looking at the relationship between the different clauses. In our discussion, we aim at doing exactly that in order to help you fully understand this law and its application.
One of the clauses of the music law that we should look into is the one dealing with the application for the opposition of a trademark publication. Normally, the state has a window period within which it publishes the trademarks after their submission by the respective owners. In the time intervening before the publication, the authority takes it upon itself to establish if the trademark is unique and not plagiarized in any way. Publication indicates that the trademark is unique and that the owner may use it.
However, that may not be the case always. Sometimes a trademark may be published even after it bears some resemblance to that of other owners. This can be particularly the case if the authority misses on certain aspects that regulate the publication of trademarks. In cases such as this, the public has a provision within the music law to oppose such a publication. The provision for this is the application for the opposition of trademark publication. The parties that may want to do this ought t file a notice of opposition with the respective bodies and in their notice, they are required to make it plain to those bodies why they think the trademark publication was in error.
The other clause that needs to be understood is the music copyright termination. Unlike the trademark opposition clause which renders the property owner a victim, this clause is applicable for recording artists who in this case are the only people allowed to use this clause to their benefit. This clause allows recording artists to terminate their contracts with such companies as soon as the contracts are mature or in cases of any other reasons they may deem necessary.
This clause seeks to stop the recording or the marketing company from using the intellectual property of the artist without their consent or without proper contract signings. Just like the copyright opposition application clause, this clause also requires the musician to file the necessary notices and indicate clear reasons for seeking the termination of their copyrights with the respective companies.