Mechanical Rights Introduction

The realm of intellectual property, broadly, allocates property rights to creations of the mind, whether artistic or commercial, in the interests of safeguarding a vital component of the modern economy, the creative and cultural industries. This means that property owners, namely artists and their publishers are granted certain exclusive rights, which include among them the right to control the reproduction of a particular work. Intellectual property acquires added significance in this digital age, when obtaining a copy of a song, for example, is as simple as clicking on a link on a website.

Mechanical rights, also known as reproduction rights, constitute one branch of the copyright available to musicians and their record companies. Mechanical rights protect an artist’s right to control the reproduction and distribution of their musical work and thus differ from the other types of copyright in place, such as performing rights and Needletime. The Copyright Act No. 98 of 1978 (amended in 2006) ensures that these rights encompass all possible forms a reproduction could take, including physical media such as cassettes and CDs, digital media such as content available on the Internet and even media that might not have been invented yet.

Mechanical rights require that, should a record company decide to produce a compilation of songs, for example, the company would need to apply to the relevant person or organisation for permission to reproduce and distribute each work and to negotiate the payment of royalties. The stipulations of these rights also apply to musicians who intend to record a cover of a song sung and written by other musicians and composers, among other possible situations. The royalties are then calculated per unit manufactured and sold or distributed, although SAMRO also often negotiates blanket licence agreements.
Intellectual property rights, such as mechanical rights and other forms of copyright, safeguard our creative and cultural industries by ensuring that individual musicians and artists, as well as their publishers, can earn a living. Understanding these rights and heeding them is a sure-fire way to avoid having to find out what living in a world without music might look like.

For more information on mechanical rights or for other queries, contact us on 011 712 8000 or email: mechanicalrights@samro.org.za or visit the website at www.samro.org.za

“Mechanical rights protect an artist’s right to control the reproduction and distribution of their musical work”

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