International Legal Protection of Intellectual Property

Hello everyone. We are Group 3. Our example is a song on a streaming platform. Imagine a drinks company using the original recording in an advertisement without permission. A person who can listen to or download a song does not necessarily have permission to use it for advertising. Three elements need protection: the lyrics and melody, the musicians’ performance, and the sound recording. These involve copyright and related rights. The question is: whose interests might this advertising affect?

Copyright protects original expression, such as lyrics and melodies. Related rights protect performances and recordings. We protect a creative work and related recordings, rather than a physical product like the phone, or the general advertising idea. Without appropriate protection, others could use creative work for profit while avoiding the costs of making or licensing that work. Protection serves four groups. Creators receive income. Businesses recover their investment and compete fairly. Consumers avoid misleading suggestions that an artist supports a brand. Society benefits from new music and lawful access for education and criticism.

We use Belarusian law. Possible rights holders include songwriters, performers and the recording producer. Companies may acquire economic rights through contracts. For example, a record company may control some economic rights, while the artist continues to hold other rights under law. We must check who created, performed and recorded the music, whether employment rules apply, and which rights the contracts cover. Protection arises automatically through creation, performance or recording, as appropriate. Registration and secrecy are not required. Uploading the song does not itself give the platform advertising rights.

Protection allows rights holders to control specific uses: copying the recording into the advertisement, and publishing the advertisement online. Both song and recording rights must be checked. However, permission from one person is not always enough. The advertiser must confirm that the licence covers each relevant right and use. Rights holders may lose licensing income. Unauthorised edits may also affect authors’ or performers’ moral rights. Protection has limits. Quotation for criticism or teaching may be permitted under legal conditions concerning purpose, amount and credit. A short clip alone does not make advertising lawful. However, independent music in a similar style is not automatically infringing. A valid licence covering all necessary rights can also authorise use.

Under the principle of territoriality, protection in Belarus does not automatically settle a dispute elsewhere. If the advertisement reaches other countries, check their laws and the licence’s territory. A licence may cover only certain countries, so an advertiser must check its scope before expanding the campaign into new markets. The Berne Convention supports international protection through national treatment and automatic protection. The WPPT also protects performers and recording producers, especially online. Our sources are Belarusian law and WIPO materials. Online listening does not grant advertising permission. Check the rights holders, licence, exceptions and territory. Thank you.