Did you know that every year, on April 26, the world celebrates World Intellectual Property Day (WIPD)? Since 2000, this day, led by the World Intellectual Property Organization (WIPO), has been an opportunity to spotlight how intellectual property (IP) fuels creativity, innovation, and progress.
This year’s theme, “IP and Music: Feel the Beat of IP,” invites us to explore the powerful connection between music, culture, and IP. Music surrounds us, it energizes, inspires, and brings us together. From ancient rhythms to digital loops, humankind has always used music to express emotion, identity, and imagination.
How IP keeps the music playing
IP rights, like copyright, trademarks, industrial designs and patents, play a vital role in protecting and rewarding the creators behind the music we love. They ensure that artists, songwriters, composers, and performers can benefit from their work, both creatively and financially.
In Canada, copyright protection lasts for the life of the creator plus 70 years. This means that older works eventually enter the public domain, becoming freely available for everyone to use. For example, since Mozart died in 1791, his compositions are now public domain. However, an orchestra’s unique interpretation of his symphonies today is protected under copyright—because it’s a new, creative performance.
On the flip side, consider the work of Gord Downie. When he passed away in 2017, Canadian copyright law granted protection for the life of the author plus 50 years. Even though the law changed in 2022 to extend protection to 70 years, his works will enter the public domain in 2067 under the rules in place when he died.
Music and Money: more than just streams
Copyright doesn’t just protect music; it powers the business behind it. Every time you stream a song or play a track; a portion of that revenue goes to the artist (though it’s often only 10–20% of the platform’s total earnings).
Creators don’t just rely on copyright but also rely on other IP tools. Many artists and bands trademark their name, logo, or brand. For instance, Nickelback has had a registered trademark on their name since 2001. That trademark protects not just their branding but their merchandise too.
Think hoodies, hats, mugs, or posters, “merch” is big business. Trademarks allow artists to license their brand to partners who manufacture and sell products on their behalf, creating another stream of revenue. In an era when fans might not buy full albums or CDs, merch has become a vital way for artists to stay afloat and keep creating.
Effective IP management is crucial for the success of businesses and creators
Here’s why sound IP management is vital for businesses and creators:
- Driving business growth and innovation
- Strategic IP management: enables companies to identify and leverage their IP assets effectively, generating revenue through licensing or sales.
- Facilitating partnerships and acquisitions: a strong IP portfolio can make a company more attractive to potential partners or acquirers.
Attracting investments: investors are increasingly looking for companies with strong IP strategies, as it demonstrates innovation and future potential.
Risk mitigation:
- Preventing infringement: a proactive IP strategy can help prevent competitors from infringing on a company’s rights, thus reducing legal risks and costs.
- Enforcing rights: having a robust IP portfolio allows companies to take legal action against infringers, protecting their interests and reputation.
- Staying compliant: understanding how IP works and adhering to IP laws and regulations is crucial for avoiding penalties and maintaining a positive business environment.
IP management for businesses from all sectors and industries:
- Startups and SMEs: small businesses and artists can benefit from IP protection, as it can help them gain a competitive edge and attract investment.
- Large Corporations: larger companies need strong IP management system in place to protect their vast portfolios and maintain a competitive advantage in global markets.
All businesses: Regardless of size or industry, effective IP management is a crucial element of a successful business strategy.
IP = protecting creativity
World IP Day reminds us that creativity deserves recognition and protection. Whether it’s the rights behind a melody or the logo on a tour hoodie, IP makes it possible for creators to share their work, build a livelihood, and keep producing the art we love.
This guest blog was prepared for WEtech Alliance by our friends at the Canadian Intellectual Property Office. Learn more at ised-isde.canada.ca/site/canadian-intellectual-property-office/en.