Plagiarism of pop music : a critical analysis of the European and Maltese position

Abstract

In a world where accessibility of music and ease of access prevail, plagiarism in art forms is increasingly prevalent and at the forefront of some major cases. Copyright cases seem to be on the increase and given the gains associated with this practice it is something anticipated. The author will highlight what constitutes plagiarism, with reference to pop music. Legislation regarding the protection of property rights and artistic works are found under Maltese law, Copyright Act, Chapter 415 of the Laws of Malta and International Law such as the Berne Convention, the Rome Convention and Council Directive 93/98/EEC. Most of the cases of copyright infringements occur in the United States with European cases being less and unfortunately in the local scenario there have been no cases to date that deal directly with music copyright infringement. The notion of copyright has the prime objective to protect an artist’s work but at the same time legislation suggests that for a work to be protected by copyright the elements of originality and fixation must both be present. Ownership is another characteristic dealt with by the author. This paper examines other aspects of the requirements of copyright such as the duration under which a work is copyrighted and also what constitutes infringement of copyright in music such as the possibility of access to the disputed work. The author analyses a number of cases at international level that are regarded as landmarks especially because of the media attention that they had stirred. Lastly, the author deals with the Maltese position and what is the possible course of action that our courts would probably take – something that has still to be revealed since no cases exist so far.