Copyright Buy-out in the Music Industry: A Comparative Study of the Asia-Pacific Region

Abstract

This study focuses on the buyout of copyright in music and songs (both melody and lyrics included). Music and songs that are used in cinematographic works, audio-visual works, television programmes or games are also covered. Composers and lyricists who author these copyright works will be referred to collectively as “creators”. “Copyright buyout” means the transfer or assignment of all economic rights in a work from its creator to another party. The consequence of such transfer or assignment is that the creator no longer owns any copyright in his or her work. For the purposes of this study, copyright buyout is also considered to have been carried out when an employer is presumed by law to own the copyright in an employee work, and where a commissioning party is presumed by law to own the copyright in a work created by a commissioned party pursuant to a commissioning agreement. Licensing, however, is not included in the concept of copyright buyout because the copyright owner still retains copyright ownership of the work. 8 jurisdictions from the Asia-Pacific region, namely Australia, Hong Kong, Indonesia, Japan, Macau, South Korea, Thailand and Vietnam are selected to be studied in detail because of certain distinctive features in their copyright laws and policies, and practices in their music industries.