Music Copyrights 101: What Every Musician Should Know About Them
You may have heard of the famous song of Robin Thicke, Pharrell Williams, and T.I.’s “Blurred Lines” from 2013, but did you know that the music industry remembers it as its worst nightmare? Five years after the court ruled that “Blurred Lines” violated Marvin Gaye’s 1977 “Got to Give It Up,” Chic and Williams got too close to the old song “Vibe,” They were obligated to pay more than $ 5 million to Gaye estate. And that is not the only case with copyright lawsuits in the music industry, there are many more.
Everyone has seen the copyright symbol (©) on books, CDs, albums, and many more. However, many musicians nowadays have a hard time understanding the various copyrights of the songs and the type of royalties coming from each one. In the music industry, as a musician, music producer, or just an artist manager, you are constantly working with copyright items, so you must be well informed about the topic to avoid unpleasant lawsuits.
🤔 What Is Music Copyright?
Music copyright is the legal ownership of the music or recordings. This ownership includes the exclusive right to redistribute and copy the work and the license right to allow the copyright owner to obtain royalties.
Every song consists of two core elements: recording and composition and all recorded songs have two main copyrights. One for the written song itself (copyright of the musical piece). One for recording songs (recording copyright). It is important to understand that the two main copyrights of a song are separate. Both contain different rights, sometimes with different owners.
🎵 What are Performing Arts (PA) Copyright Compositions?
The copyright of composition is intended for the basic composition, that is, the placement of notes, melodies, and chords in a particular order. It is owned by songwriters, lyricists, and composers, and is managed by music publishers (partially copyrighted). Compositions are usually owned by songwriters and publishers.
🎻 What is Sound Recording (SR) Copyright — Master?
Master copyright is intended for specific sound recordings or “master recordings” that include specific expressions of the underlying music created by the performing or recording artist. This copyright belongs to the performing artists and usually to their label.
The owner of sound recording has exclusive rights to the work he creates. The owner and authorized third parties have the following rights. First, to duplicate the work (mechanically duplicate CD, download, and vinyl music). Second, to distribute the work (stream the music or otherwise publish it). Third, to create a derivative work. Fourth, to perform in public (that is, at a concert or radio). Fifth, to publicly display the work. This means that the owner has the sole and exclusive right to publicly distribute a copy of the work. For example, an exclusive right to copy a work prevents fans who have purchased the CD of the artist who created it from distributing copies of the work to others.
Important to know: Signing a publishing contract waives certain rights to the copyright of a musical piece. Depending on the type of record agreement in place, the label may be the main owner or the party that purchases (and gets a portion of the revenue) the right to use the master’s copyright on behalf of the artist. As a general rule, the record company that paid for the recording bears the copyright and royalties of the work.
✍️ When Do I Have Copyrights?
To have copyrights, you must have original work in the form of a sound recording on a CD or literally work printed on paper. That way, you are protected by law and no one else can use your song without your permission.
🎤 What Happens When I Collaborate On A Song?
When collaborating with others, it is important that all parties agree on the % distribution copyright of the work. It’s worth thinking about the creators who contributed to the songwriting and recording, because these are two separate agreements.
Expert Tip: Co-written contracts/agreements should always be signed as proof of copyright. Musicians can sometimes find this conversation difficult, so be sure to dismiss it early so everyone is on the same page!
📚 What Are The Different Types Of Copyright?
- Public Performing Right
The exclusive right of the copyright owner to permit the performance or transmission of a work.
- Public Performance License
Granting the right to perform the work in, or transmit the work to, the public.
- Reproduction Right
Exclusive right of the copyright owner granted by copyright law to allow reproduction of musical works such as gramophone records, cassettes, or compact discs.
- Mechanical License
Grant the record company the right to copy and distribute a particular piece of music at an agreed rate for each unit manufactured and sold.
- Synchronization License
Granting the right to synchronize the musical composition in timed relation with audio-visual images on film or videotape.
💰 How Can I Make Money From Copyrights Of My Music?
You can make money from your song’s copyrights such as record sales, streaming royalties, SoundExchange revenues, master use licenses, neighbor rights, and private copying levy. There are many many ways. In addition, based on the type of rights you can also get different types of revenues from your musical work. Such as public performance revenues, mechanical royalties, synchronization licensing fees, private copying levy, or print royalties.
🎸 What Should I Know If I Sample Someone Else’s Music?
Whether you change the pitch, edit the pattern, or cut it out, it’s still someone else’s copyright! You must get permission from the original copyright owner and negotiate the % they will own in your song to use the sample.
Expert Tip: We all know of those “copyright-free” sites where you can download beats or backing tracks to use in your songs. However, you should always check the terms and conditions on these sites as they are all different and the original beat/loop creator may still need to be credited as co-author. Consider also that they will have both songwriting and sound recording rights in these loops, so they may hold more than one copyright.
💿 Can I use 30 seconds of copyrighted music?
You may have heard of “fair use,” a copyright term that allows you to use 10, 15, or 30 seconds of music with no copyright obligations. In other words, you understand that you may use a short portion of the song at no charge. However, this is not true. The 30-second fair use rule is a myth, especially for commercial purposes, such as radio or television commercials. Copyright law is complex, and even if your fair use rationale is in place, there are other circumstances that could prevent you from using the music you want without permission.
📗 Should I Register My Work under Copyright Protection?
Registration is recommended for several reasons. Many people choose to register their work because they publish the facts of the copyright and have a certificate of registration. Registered works may be subject to statutory damages and attorney’s fees if the proceedings are successful.
🤯 Did you know that copyright lasts for 70 years beyond the life of the owner?
Yes, 70 years is a long time. However, copyright protection usually lasts 70 years from the end of the calendar year when the last surviving writer died. In some cases, this period can be 95 years from publication or even 120 years from creation. Then it goes into the public domain.
🔮 Copyrights In Today’s Music Landscape
In the past, it was often the case that copyright in musical compositions belonged to the artist, musician, and/or their publisher. In contrast, the copyright in the sound recording belongs to the record company.
However, nowadays many independent musicians own 100% of their music copyrights. That includes both the composition and sound recording. Additionally, cowriting deals are often written to give writing credits to multiple co writers. However, you should know that rights of a song can be split in many different ways, it all depends on the contract.
🌯 To Wrap It Up
The world of music copyright is very complex, but at least mechanically, it’s not too difficult to get the music copyright and get the royalties for the song. It involves registering your copyright, signing up for the required collection agency, and choosing a distributor. Also, keep in mind that registering copyright protects you from both theft and royalties.
So in short, you might have started reading this blog with a vague idea about what copyright in music is, the different types of copyrights, and the benefits from it. Curious if you can use more help in growing your artist career and expanding your knowledge? Make sure to read our next blog and follow us on our social media channels. Moreover, feel free to ask us your questions on our Instagram (@daimoonmedia) !
