Understanding Music Copyright: The Basics Every Artist Should Know
Music is a powerful form of expression, but with the creation of any piece of music comes the need to protect it. Copyright is a crucial aspect of the music industry, ensuring that creators maintain control over their work and are fairly compensated for its use. Whether you’re a budding artist or a seasoned professional, understanding the basics of music copyright is essential. Here’s what you need to know.
What is Music Copyright?
Music copyright is a form of legal protection granted to the creators of original music, including both the lyrics and melody. When you create an original piece of music, copyright automatically attaches to your work the moment it’s fixed in a tangible form, such as a recording or writing down the words and notes on a piece of paper or singing a melody and words into a laptop. This copyright gives you the exclusive right to reproduce, distribute, perform, and create derivative works based on your music.
Why is Copyright Important?
Copyright protects your creative work from being used without your permission. Without it, anyone could copy, distribute, or perform your music without compensating you. Copyright ensures that you can earn money from your music, such as incorporating your music into advertising, karaoke programs, ringtones, samples, midi sequences, greeting cards, toys, video games, YouTube clips, Broadway Shows and more. And more importantly, you get to control how it is used. Great care must be taken to determine which uses are appropriate for a given song and what fees should be charged.
The Rights You Hold as a Copyright Owner
When you own the copyright to a piece of music, you hold several exclusive rights:
- Reproduction Rights: The right to make copies of your music.
- Distribution Rights: The right to sell or distribute copies of your music to the public.
- Public Performance Rights: The right to perform your music in public, including live performances and broadcasts.
- Derivative Work Rights: The right to create new works based on your original music, such as remixes or adaptations.
- Public Display Rights: Though less common in music, this refers to displaying sheet music or lyrics publicly.
How Long Does Copyright Last?
In most cases, music copyright lasts for the life of the creator plus 70 years. After that, the work enters the public domain, meaning it can be used freely by anyone. If the work was created by multiple authors, the copyright lasts for 70 years after the death of the last surviving author.
Registering Your Copyright
While copyright protection is automatic, registering your work with the relevant copyright office provides additional legal benefits. Registration is especially useful if you ever need to enforce your copyright in court, as it provides official documentation of your ownership.
Having copyrights registered is definitely playing a big role in the recent lawsuits that were brought against 14 NBA Teams for using copyrighted music without permission in promo videos posted to their social media channels and on the official NBA.com website.
What About Sampling and Covers?
If you want to use someone else’s music in your work, such as by sampling a track or covering a song, you need to obtain permission from the copyright holder. This usually involves paying for a license. Without proper licensing, you risk legal action for copyright infringement.
Conclusion
Music copyright is a fundamental aspect of the music industry that protects your creative efforts. And it is one of the most complex aspects of the music industry. By understanding and securing your rights, you can ensure that your music is used in ways that align with your vision and that you are properly compensated for your work. Whether you’re a songwriter, composer, or performer, make sure you’re educated about copyright to safeguard your musical creations.
Knowledge Is Power! Protect your music!!
Kevin