To celebrate World Intellectual Property Day, World Intellectual Property Organization (WIPO) has chosen a theme that invites us to reflect on the presence and intersection of IP in Music. The connection between music and intellectual property is, at first glance, evident. After all, music is full of original creations that can be protected by copyright and intellectual property, such as compositions, phonograms, music videos, choreographies, song lyrics, arrangements, live performances, and even the visual identity of albums.
This theme is surrounded by interesting discussions, especially the legal disputes involving plagiarism allegations, which are not only entertaining to follow but also complex to resolve. The concept of "plagiarism" in music can involve everything from copying melodies and lyrics to the unauthorized use of samples, often leading to lengthy legal battles.
The more we reflect on this intersection, the more IP assets related to the musical universe we can envision. We have registered trademarks for bands, instruments, record labels, and artists, which are fundamental for the identification and commercial protection of these items. In terms of industrial designs, we see the protection of the shapes of instruments, such as the aesthetics of guitars and pianos, which can be registered to ensure they are not copied. In patents, it is not difficult to find examples of new and innovative musical instruments, as well as inventions related to music, such as amplification systems and recording technology.
In today’s era, we cannot overlook Artificial Intelligence (AI) and its growing role in the music industry. AI tools are capable of creating melodies and harmonies, raising serious questions about authorship and respect for existing copyright and intellectual property rights. Issues such as the training of these AI tools, which often involves the use of protected works, and the eventual remuneration of artists, composers, and other players in this chain, are essential topics of discussion.
Additionally, in the realm of contracts, where music, gaming, copyright, and intellectual property intersect, we cannot fail to mention the licensing of music, such as soundtracks, and images of artists, like skins, for the gaming universe. A recent example is Billie Eilish's new and unique green skin launched in the game Fortnite.
In summary, the intersection of intellectual property and music provides us with a fertile ground for reflection and discussion. Celebrating World Intellectual Property Day is, therefore, an opportunity to recognize the importance of protecting the artistic and innovative creations that shape our musical world, as well as acknowledging the rights of those behind these creations.
