Music meets IP Rights
There’s no doubt that intellectual property protections empower creators, drive innovation and shape a fairer, more vibrant global music industry. Althea Edwina Rozario explores how music and IP are deeply intertwined.
Almost everyone connects with music, whether it’s tapping a foot to the beat or singing along to favourite lyrics. But have we ever stopped to consider the various intellectual property (IP) rights associated with a song or a musical brand, and how these rights are protected?
The World Intellectual Property Organization (WIPO), a specialised agency of the United Nations, plays a pivotal role in protecting the intellectual property of creators and innovators across the globe. Intellectual property refers to intangible assets born from human creativity such as inventions, artistic works, and designs. These assets need protection from infringement or unauthorised use, allowing creators to receive recognition, financial gain, and incentives to continue their work, while also balancing public interest.
The ultimate goal of the IP system is to create an environment that nurtures innovation and creativity. WIPO contributes to this by providing support, tools, and international cooperation that empower creators, innovators, and business owners alike.
In 2000, WIPO established World Intellectual Property Day, celebrated every year on April 26th. This day highlights the vital role of intellectual property rights, including patents, trademarks, industrial designs, and copyrights, in driving innovation and creativity. These rights encourage the development of new ideas, protect the work of creators, and foster technological advancement, all of which contribute to socio-economic growth. The theme for this year is IP and Music: Feel the beat of IP.
World Intellectual Property Day also serves as a reminder of the importance of maintaining a balanced IP framework—one that rewards creators fairly while promoting public access to knowledge and cultural progress. It is, at its core, a celebration of the ideas that shape our world.
By providing legal protection, IP rights help creators and inventors secure ownership over their original work, enabling them to reap economic benefits. Such protections form the backbone of a system where innovation can flourish, ultimately benefiting both the creators and society at large.
IP RIGHTS IN THE MUSIC INDUSTRY
Music is a powerful form of creative expression, and several forms of IP protection are crucial to preserving its value:
- Copyright
The cornerstone of IP in music is copyright. It applies to musical compositions, lyrics, recordings, and performances. A musical work becomes eligible for copyright protection as soon as it is expressed in a tangible form—either recorded or performed publicly.
- Musical compositions (melodies, harmonies, lyrics) are protected as original works, with the rights typically belonging to the songwriter or composer.
- Sound recordings protect the actual audio production and are usually owned by the recording artist, producer, or record label.
Copyright grants exclusive rights such as reproduction, distribution, public performance, and adaptation. These rights allow copyright holders to earn income through licensing, sales, streaming, and live performances.
- Trademarks
Trademarks protect the identity and branding in the music industry—such as band names, logos, album titles, and slogans. These elements help distinguish the artist’s work in the marketplace. Registering a trademark helps prevent unauthorised use, protects reputation, and strengthens brand recognition.
- Patents
While less commonly associated with music, patents can protect technological innovations in music production and performance. For instance, patents may cover unique studio equipment, sound engineering tools, or stage performance technologies.
A famous example is a patent granted to Michael Jackson for a special shoe mechanism that enabled his iconic anti-gravity lean during live performances.
Patents incentivise innovation by granting exclusive rights to inventors for a limited time, thus fostering progress in the tools and techniques used in music creation.
LICENSING AND LEGAL TRANSFERS
IP rights in music can also be transferred through licensing agreements, assignments, or collective management organisations (CMOs). These legal mechanisms ensure creators are fairly compensated while enabling broader use and distribution of their work.
THE UAE’S ROLE IN MUSIC IP: EMRA
In the United Arab Emirates, a major step forward was the establishment of the Emirates Music Rights Association (EMRA)—the country’s first officially licensed CMO for music. Created under Federal Decree Law No. 38 of 2021 on Copyright and Neighboring Rights, EMRA addresses key gaps in music licensing and royalty collection.
Formed in collaboration with international bodies like the International Federation of the Phonographic Industry (IFPI) and the International Confederation of Societies of Authors and Composers (CISAC), EMRA aligns with global best practices. It reflects the UAE’s broader strategy of fostering a knowledge-driven, innovation-led creative economy.
EMRA offers a centralised platform for copyright management, ensuring fair compensation for composers, performers, and producers. A digital rights management system is also in development, enhancing transparency in registration and royalty tracking—marking a significant leap in modern IP governance.
It is clear from the above discussion that intellectual property rights are foundational to the music industry and vital to safeguard creativity, enable fair compensation and drive innovation.
Text by:
Althea Edwina Rozario, managing partner, Althea & Jacobs
