Original Songs and Its Copyright Infringement in Cambodia

Currently, the original songs hit the musical industry in Cambodia and have been inspired by young talented Cambodian new generations. They are mostly freelance singers, composers and lyricists etc. There are three leading musical production companies in Cambodia: Rasmey Hang Meas, Town Production and Sunday Production and these companies are turning their business ways to produce the original songs to satisfy with the demands of the listeners and customers. Previous time, most of their songs copied the musical compositions and performances from other songs in different countries. Such copied song issues made Cambodian young generation felt disappointed and complained that these companies failed to create their own works and products.

Cambodian songs used to be very famous across the country during 1960s (Sangkum period) with the famous singers such as Sinn Sisamoth, Pen Ron, Ros Sereysothea, and Meas Hok Seng etc. The copyrights of their songs were not automatically protected and were always infringed by the singers to reproduce without asking for approval from the owners. In 2014, there were180 songs sung by Sinn Sisamoth were registered its copy rights and the rights over these songs were belong to Sinn’s family.

Generally, right on property is protected by the Constitution and Civil Code. Although there is no specific provision stated on how to these laws protected the original songs but they address how the ownership of the property shall be protected by laws. Additionally, Law on Copyrights and Related Rights was adopted in 2003 in the purpose of protection of the authors and their works. The author refers to a person who creates the works and the works refers to a product in which thoughts or sentiment are expressed in a creative way, and which falls within the literary, scientific, artistic or musical domain.

The protection and promotion of copyrights and related rights of the songs are under the control of the Department of Copyrights and Related Rights of the Ministry of Culture and Fine Arts (MCFA) and other relevant profit or non-profit institution. The main purpose of this research paper is to address the rights of songwriters, composers, lyricists, singers and performers over their songs and how such rights can be protected from the infringement. Such infringement is occurred when the owners publish their songs on broadcasting channels such as YouTube and other YouTube users download those songs to re-post. The song owners gain popularity based on the views on YouTube and earn profits based on the viewer’s connecting with ads.[9] In addition, another cause of infringement could be raised when other broadcasting channels plays such songs without getting approval from the owners. Furthermore, restaurants, bars, clubs or other public places play songs without asking for approval or paying any profits to the song owners.

Song refers to the musical phrases uttered by some birds, whales, and insects, typically forming a recognizable and repeated sequence and used chiefly for territorial defense or for attracting mates. Under the Law on Copyrights and Related Rights, songs shall be recognized as works and is protected. In this paper “song” cover all the music, voice, lyric, melody and all the recording song methods.

Works refer to a product in which thoughts or sentiment are expressed in a creative way, and which falls within the literary, scientific, artistic or musical domain.

Authors refer to a person who creates works (songs) and in this paper, the authors should be included the songwriters, composers, performers, graphic designer, musician, recorder, Methodist, producers, and any other related party who are involving in creating the songs.

Performance means the acting on stage namely dancing, musical performance, singing, or delivering in other ways and means of artistic work, tradition, habit, literary, education, and scientific work and performers refer means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works.

Reproduction is the whole or partial making of one or more copies of a work or phonograph in any manner or form, including any permanent or temporary storage of the work or phonograph in electronic form.

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By Kith Marady  ©2018