Most countries around the world have copyright laws to protect the rights and rewards of the various stakeholders in the industry. According to section 28 of the copyright act 2001, nobody may communicate to the public, and/or broadcast any sound recording without the prior permission of the producer to that sound recording: to do so would constitute an infringement of copyright.

The rights of producers of phonogram and performers are covered and are Internationally protected by the Rome Convention signed in 1991.

According to WIPO (World intellectual Property organization) related rights protect interests of certain persons or legal entities that contribute to making works available to the public.

The Purpose of the legal recognition of related or neighboring rights is to protect the legal interests of certain persons or legal entities who contribute to making works available to the public. Their contribution contain sufficient creativity or technical and organizational skills to justify recognition of copyright like thus merit protection legally as they are related to the protection of Authors works under copyright. Related rights are granted to Producers and performers.

In this context Producers of sound recordings are recognized because of their creative, financial and organizational resources interventions that are necessary to make sound recordings available the form of commercial phonograms for commercial use.


Copyright and related rights shall be infringed by a person who

  1. Circumvents any effective technical measure designed to protect works: or
  2. Manufacture or distributes devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect works protected under the copyright act; or
  3. Removes or alters any electronic rights management information; or
  4. Distributes, imports, broadcasts or makes available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without the authority of the right holder