Copyright

Copyright is the legal protection granted to creators of original artistic, literary, dramatic, and musical works. It gives the copyright holder exclusive rights to reproduce, distribute, publicly perform, display, and modify their creative work for a limited period of time.

For musicians and songwriters, understanding copyright is crucial. Copyright protects the fruits of your creative labor – your songs, lyrics, recordings, arrangements, and more. It prevents others from using your original music without permission and compensation. While copyright applies automatically, taking steps to register and enforce your rights is key.

Copyright is the backbone of the music business. It enables songwriters, composers, artists, producers, and all music creators to have control over their work and get properly credited and paid. Record deals, publishing deals, performance royalties, and more all stem from copyright.

Now let’s briefly cover the origins of modern music copyright law. The foundations were laid in England in 1710 with the Statute of Anne, one of the world’s first copyright laws. It granted publishers rights for a fixed period, after which works entered the public domain. In 1886, the Berne Convention established international recognition of copyright and minimum standards. Over the centuries, copyright law has evolved to keep pace with technological advances enabling reproduction and distribution of creative works.

Key milestones include the 1909 Copyright Act in the U.S., the 1961 Rome Convention protecting performers and producers, the 1995 WTO TRIPS Agreement, and the 1996 WIPO Internet Treaties. Major reforms like the 1976 Copyright Act in the U.S. and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established today’s global standards. Now copyright law protects everything from songs and recordings to software code and digital streaming.

Copyright Protection for Musical Works

Copyright law protects a wide range of original musical works including songs, instrumentals, lyrics, recordings, arrangements, beats, and music videos. As a musician or songwriter, the musical works you create are automatically protected by copyright from the moment they are fixed in tangible form. This gives you exclusive rights over certain uses of your music.

Copyright provides the legal basis for you to control how your original songs and recordings are reproduced, distributed, publicly performed, adapted, displayed online, and otherwise used. It prevents others from exploiting your music without permission and compensation. While copyright applies automatically, taking steps to register your rights provides additional legal benefits.

What types of musical works can be copyrighted?

Any original song, melody, or musical composition can be protected by copyright. This includes:

• Songs / Melodies: The underlying musical composition of a song—the notes, keys, tune, song structure, and melody. This is referred to as the publishing copyright.
• Lyrics: The written words and poetic lyrics of a song fall under copyright protection.
• Arrangements: Original musical arrangements of compositions can be copyrighted. This includes adapting a work musically or re-orchestrating it.
• Beats / Rhythms: While common beats cannot be copyrighted, original rhythmic patterns, drum grooves, and multilayered beats can.
• Recordings: The recorded performance of a song and the master sound recording itself are protected. This is referred to as the master recording copyright.
• Music Videos: Video visuals synced to a musical work can be protected as an audiovisual work. The underlying song and video are each subject to separate copyright.

Songs / Melodies

As the composer or songwriter, you have copyright over the underlying song itself, independent of any specific recording. This is referred to as the publishing copyright.

Even if your song has a similar style or feel as existing songs, you have copyright over your specific melody and composition. You own the rights to that creative expression.

For example, if you write an original pop song with a common chord progression but a unique melodic hook, you hold the publishing copyright. Others cannot record or exploit that song without your permission.

Copyright protects the song itself, not the musical ideas or concepts behind it. So you don’t own copyright over musical styles, chord progressions, or general rhythmic feels. But the tangible, original elements of your composition are protected.

Your song melody and composition may also be protected even if it is not formally written down or recorded yet. As soon as the work exists in some tangible form – like a voice memo or sheet music draft – copyright applies.

But having a tangible timestamped copy provides stronger evidence if any disputes arise over ownership or infringement. So it’s smart to keep dated recordings, written scores, drafted lyrics, etc. to back up your copyright.

Lyrics

As the lyricist or songwriter, you own the publishing rights to the original lyrics you pen for a song. This remains true even if the lyrics follow a common theme, or are similar in mood or topic to existing songs.

For example, if you write melancholy lyrics about lost love over a gentle piano motif, you hold copyright over those specific words and phrases. Others cannot legally reproduce or exploit your lyrics without permission and compensation.

Copyright protects the tangible expression of your lyrical ideas, not the broad concepts. So you don’t own copyright over universal themes like “love” or “longing” – but you do own the rights to your particular lyrical arrangement and creation.

Your original lyrics are protected by copyright automatically as soon as they are fixed in tangible form, such as written down or recorded. But having a timestamped copy (physical or digital) provides stronger supporting evidence if ownership disputes arise later.

Remember, co-writers of lyrics jointly share ownership over the copyright. All contributors maintain an equal stake. Royalties are divided evenly unless otherwise agreed.

As lyricist, make sure to proactively register copyright over your written words. This ensures you maintain control over how your creative expressions are legally used.

Arrangements

Musical arrangements and adaptations of existing compositions can also be protected by copyright, as new creative works.

For example, if you take a Mozart piece and create a new jazz arrangement, you hold copyright over your specific adapted arrangement. You reworked the melody, structure, and other musical elements in an original way.

The copyright over your new arrangement is independent from the underlying composition. You cannot claim rights over Mozart’s original work. But your arrangement is now its own creative work with standalone copyright.

Likewise, if you adapt your own song for a new release, perhaps re-orchestrating it with live instrumentation or giving it a fresh sound, you hold a copyright over that new version.

The rights over each distinct arrangement you create are separate from rights over previous versions, even if you authored all iterations.

However, making minor tweaks to avoid directly copying a work does not result in a new copyright. There must be sufficiently original, substantial changes.

For the strongest protection over any arrangement copyright, maintain tangible records like written scores, session tapes, production drafts, etc. to evidence your creative contributions if ever challenged.

Beats / Rhythms

While common beats and generic rhythmic patterns cannot be copyrighted, original compositions of rhythms, drum grooves, and multilayered beats can qualify for protection.

For example, a basic 4/4 drum pattern using kick and snare sounds would not satisfy the originality requirement for copyright. But an intricately syncopated, lushly produced beat with various interweaving percussive elements crosses into copyright territory.

The more creative choices you make in sculpting a beat—unique rhythms, unexpected drum sounds, unpredictable accents—the stronger your copyright claim. The same principles apply to original basslines, guitar riffs, synth parts, etc. that form the instrumental bed.

Copyright law aims to protect your particular creative expression, not core musical building blocks. While foundational rhythmic concepts cannot be exclusively owned, your specific tangible arrangement qualifies for copyright.

Maintaining dated recordings and beat drafts can provide important evidence of creation if ownership of your original rhythms is ever disputed. Also be wary of directly sampling others’ beats without permission or clearance.

Recordings

The recorded performance of a musical work and the actual sound recording itself are also protected under copyright law. This is referred to as the master recording copyright.

As a recording artist, you hold copyright over your specific recorded rendition of a song. You own the rights over that tangible sonic product, even if you don’t own rights to the underlying composition.

For example, if you record a cover version of someone else’s song, you have a copyright claim over your new sound recording only. The songwriter still controls publishing rights.

Your recorded performance represents a distinct creative work from the sheet music or lyrics. Your stylistic embellishments, vocal runs, guitar tones, production choices, etc. are protectable creative elements.

Copyright applies as soon as the recording is “fixed” in a tangible form, like saved to a digital audio file. Best practice is to maintain copies of raw multitrack session files, dated recordings, album art, and other evidence proving when you recorded your music.

Joint recordings by multiple artists are co-owned. And if recording as part of your job under a work-for-hire agreement, the hiring party may hold the copyright.

Music Videos

Music videos that sync visuals to an audio track are also eligible for copyright protection as audiovisual works.

If you produce and direct a music video set to one of your original songs, you hold copyright over that new standalone work. The music video copyright is distinct from your rights over the song composition and recording.

For example, if you create a music video for your latest single, you maintain full copyright control over that video – the filming, editing, visual artistry, and synchronization of footage to music. Others cannot legally reproduce or distribute the video without your authorization.

Copyright applies to the music video immediately upon fixation, such as digitally encoding the final edit. Maintain master copies to evidence ownership rights if ever disputed.

The video director holds the copyright, unless filming under a work-for-hire agreement that transfers rights to the hiring musician, label, or production company.

Joint videos with multiple collaborators are co-owned. Make sure to draw up written agreements clarifying creative roles and ownership splits.

In essence, any original musical work you write or record can enjoy copyright protection. Understanding the scope of copyright allows you to maximize control over your creative works.

What rights does music copyright provide?

Copyright grants creators of original musical works a bundle of exclusive rights determining how their music can be legally used by others. Let’s look at the key rights music copyright provides:

• Reproduction / distribution: This exclusive right lets you control reproduction of your songs and recordings in physical or digital formats. It also covers distribution of copies. You alone can authorize others to manufacture, duplicate, and disseminate copies of your music.
• Public performance: Your copyright gives you an exclusive right to authorize public performances of your music. This includes live shows, radio play, streaming, and other public delivery. Venues, digital platforms, and media need your permission before publicly performing your songs.
• Adaptation into new works: Known legally as derivative works, covers, remixes, samples, or other adaptations require your authorization before being created and released. Copyright grants exclusivity over modifying your music or using it in new pieces.
• Display / streaming online: Your music’s copyright protects against unauthorized uploading, streaming, sharing, or other digital distribution methods. Online services must properly license your catalog before making it available on their platforms, sites, or apps.

Reproduction / Distribution

The reproduction right granted by copyright law allows you to control when and how your musical works are duplicated. This exclusive right also governs distribution of both physical and digital copies.

As copyright holder, you alone get to decide if a third party can manufacture CDs, vinyl records, cassette tapes, or other physical media containing your compositions. You also dictate terms for distributing those copies.

Likewise, you have the final say on reproduction of digital copies, like MP3s or streaming files. Digital music platforms must obtain proper licensing before duplicating or disseminating your catalog online.

Your control over copying and distribution ensures you reap fair compensation when your work is disseminated, physically or digitally. It also prevents unauthorized mass replication that displaces potential sales.

For the strongest protection, register your rights with your national copyright office and clearly mark copies with proper copyright notification. Also use digital RightsManagement (DRM) tools and watermarking to monitor illegal duplication.

While copyright grants exclusivity over reproduction and distribution, first-sale doctrine limits control after the initial sale. For example, someone who buys your CD can re-sell or give away that particular physical copy.

Public Performance

Your music copyright grants you an exclusive right to control public performances of your songs and compositions.

This gives you authority over live performances, radio broadcasts, streaming on digital platforms, background music in stores, and other public delivery methods.

Venues must obtain licenses to have bands cover your music live. Spotify needs your approval to add your song to popular playlists where millions will stream it.

Your public performance right also covers recorded versions. For example, a restaurant cannot legally play your latest album overhead without proper licensing.

The only exception is covers played “privately” within a small circle rather than publicly. But any wider audience exposure requires your authorization.

Registering with your national Performing Rights Organization (PRO) like ASCAP, BMI or SESAC allows them to monitor public performances of your catalog and ensure proper compensation.

You can also leverage your public performance right when negotiating synch licenses for films, TV, ads, etc.

Controlling public performances enables ongoing opportunities to get paid as your music reaches wider audiences. Make sure to strategically license so performances bring fair profit.

Adaptation into New Works

Copyright law grants you exclusive rights over adaptations of your music, such as covers, remixes, samples, or other derivative works.

This means no one can legally record and release a cover version of your composition without your approval and proper licensing. The same goes for sampling your lyrics or beats in a new track.

Likewise, DJs can’t freely remix your singles for commercial compilation albums without your authorization and compensation. Nightclubs even require licenses for live remixing.

Your right over adaptations enables ongoing control over how others rework your intellectual property into new creations. Smart licensing ensures you profit when your music gets reimagined.

However, copyright law does make exceptions for parody works like Weird Al satires protected under fair use. Non-commercial mashups or remixes for individual use may also not require licenses.

Registering your rights with your national copyright office gives you stronger legal standing to prevent or claim damages for unauthorized derivative works. Stay vigilant about infringement.

Display / Streaming Online

Your music copyright also gives you exclusive rights over digital display and online streaming of your catalog.

This means online platforms, apps, and sites need to properly license your songs before making them available in their services. You dictate the terms.

For example, YouTube needs your authorization before users can generate views of your music videos. Spotify has to license your hit single before adding it to big playlists.

Your online/streaming right also covers uses in social media. A influencer cannot legally add your song to their Instagram Story without permission.

With music consumption increasingly digital, controlling online access becomes pivotal. Your rights over online display and streaming grant that control.

Register your rights to better track how your music spreads online and ensure you receive fair licensing fees. Also leverage proactive anti-piracy tools like audio fingerprinting.

But remember, copyright law still makes allowances for incidental uses, like capturing background music at a public event. Not all online occurrences require licenses.

Strategically licensing your display and streaming rights generates revenue from today’s digital, social, and shared music landscape.

Copyright empowers you to dictate these core uses of your original musical works. You maintain ultimate control over your creative output, unless licensing or assigning rights.

Registering Musical Copyrights

While copyright protection applies automatically once your music is tangible, formally registering your rights with your national copyright office provides important benefits.

Benefits of Registration

Registering your musical copyrights:

• Creates public record to establish prima facie evidence of ownership
• Enables stronger legal claims if disputes arise
• Allows access to statutory damages and attorneys fees
• Provides certificate to deter infringement
• Mandatory step before suing for copyright infringement in court

Process for Songs and Recordings

In the United States, you can register online with the U.S. Copyright Office. The process involves:

• Completing registration application with title, creators, claimant, creation date
• Paying filing fee ($55 for single song, $85 for up to 20 songs)
• Providing deposit copy – audio recording for sound recordings, sheet music for compositions
• Receiving official certificate if approved
• Maintaining registration confirmation as proof of rights

Similar processes exist in other national copyright offices. Registration must be renewed upon expiry.

While optional, registering your music copyrights is highly recommended to maximize legitimacy and leverage.

Music Copyright Duration

Copyright protection for musical works lasts for the life of the creator, plus 70 additional years after their death.

For example, if a songwriter passes away at age 50, their compositions remain under copyright for 70 more years after their death. This extended period allows the creator’s heirs and estate to benefit financially from their work for decades to come.

However, there is an exception for corporate works. Music recordings and compositions made for hire as part of employment, or commissioned works owned by companies rather than individuals, are protected for 95 years from publication or 120 years from creation (whichever expires first).

Why are copyright terms so lengthy for music?

The justification lies in the nature of artistic works. Unlike patented inventions, musical works do not become obsolete or less useful over time. Many songs even increase in popularity and financial value decades after release.

Therefore, extended copyright duration:

• Allows musicians and songwriters to profit from their creations long-term
• Provides ongoing income to estates and heirs
• Keeps cherished songs and recordings available by preventing early public domain status
• Respects the enduring cultural value of music

Though lengthy, eventually copyright does expire and works enter the public domain. But while music remains under copyright, rights holders maintain strong protections and exclusive control.

Ownership of Music Copyrights

Who owns the copyrights to a musical work? The answer depends on whether it’s a solo composition, collaborative work, or work for hire scenario. Copyright ownership directly impacts royalty splits and control, so it’s crucial to understand.

Determining Ownership

• Joint Works / Co-Writers: Songs or recordings created by two or more people are jointly owned. All co-writers split ownership evenly unless agreed otherwise in writing.
• Work for Hire Agreements: If creating music as part of your employment duties or under a commissioned work contract, the hiring party or employer holds the copyright.
• Role of Publishers: Songwriters often assign some publication rights to publishing companies who handle licensing, royalties, and distribution. But composition ownership remains.

For collaborative projects, formal agreements defining copyright splits are essential to prevent disputes. Even within bands, joint recordings often warrant written contracts to clarify individual ownership interests.

Publishers provide valuable administrative services in exchange for a percentage of royalties. But they don’t replace the creator as the core copyright holder entitled to license fees and control.

Sort out who owns what BEFORE releasing music together. Shared hits become messy without contractual consensus on copyright interests.

Transferring Music Copyrights

Copyright owners hold exclusive rights, but can transfer certain rights via assignment or licensing agreements.

• Assignment/sale of rights: This permanently transfers complete ownership of the copyright to another party, such as selling your rights to a label. The new owner controls all exclusive rights.
• Exclusive licenses: You authorize a party (for example, your publisher) to exclusively exploit one or more specific rights, restraining you from allowing any other uses.
• Non-exclusive licenses: You permit certain uses non-exclusively, meaning you can still license the same rights to other parties as well. For example, licensing your song for use in one TV show does not prevent licensing it to another show.

Musicians often grant limited rights to record labels, publishing administrators, distribution companies, and other intermediaries to better exploit their works commercially while still retaining overall ownership.

However, collaborators or co-writers should be careful when assigning copyrights to ensure all interests are represented in transactions. Joint authors share ownership.

While transfer flexibility exists, creators should be prudent about assigning away core copyrights – ownership conveys important creative and financial control.

Exceptions and Limitations in Music

While copyright grants extensive control to musicians, some exceptions and limitations exist allowing certain uses of songs without needing authorization. Let’s explore key examples of such fair use provisions under copyright law.

Fair Use

Fair use is a legal principle permitting unlicensed use of copyrighted music under certain conditions. To qualify, the use must pass a balancing test weighing four factors:

• Purpose – Using portions for commentary, education, parody, etc. tilts favorably. Pure commercial uses less so.
• Nature – Copying smaller portions of the overall work tips towards fair use.
• Amount – The less copied quantitatively, the better. A few bars may be fine. Full reproductions are not.
• Market effect – Uses negatively impacting the copyright owner’s current or potential sales opportunities are less likely to be fair.

Under a fair use lens, examples potentially not requiring licenses include:

• Parody and satire – Recognized as an important form of free speech and commentary. For example, Weird Al’s song parodies.
• Covers/sampling – Incidental, short samples used in a highly transformative new work. But clear samples still often mandate licenses.
• Educational use – Quoting lyrics for academic analysis or classroom critical review.

Fair use involves very circumstantial analysis. Don’t assume unlicensed uses are permitted without proper vetting. But some balance exists between copyright exclusivity and public free speech interests.

First Sale Doctrine

The first sale doctrine is another limitation on copyright exclusivity. It allows lawful owners of physical copies of music to resell or give away that particular purchased copy without needing authorization.

For example, if you buy a Taylor Swift CD from a store, you are free to resell it to a used record shop or gift it to a friend under first sale doctrine. This upholds your personal property rights over that individual physical copy.

However, the doctrine only applies to distributing the original copy itself. It does not permit making reproductions. You cannot rip the Taylor Swift CD and sell burned duplicates or digital copies. That would still violate Swift’s reproduction and distribution rights.

Additionally, the first sale doctrine generally does not apply to digital goods and online platforms. Downloading an MP3 does not make you the “owner” entitled to resell under first sale.

And while you can re-sell an authorized copy lawfully purchased, buying unauthorized pirated copies and reselling remains illegal. First sale only covers legitimate ownership.

So first sale offers a limited exception allowing redistribution of original physical copies, but does not allow reproductions or apply to digital files.

Compulsory Licenses

Compulsory licenses are another exception allowing certain uses of music without permission, provided statutory royalty payments are made to copyright holders.

The most common compulsory licenses under copyright law include:

• Covers: Musicians can release cover song versions by filing notice and paying the standard mechanical license royalty rate (currently 9.1 cents per copy in the U.S.)
• Remixes: DJs creating remixes for commercial sale can similarly proceed without direct approval by following compulsory license procedures and royalty payments.

However, secured voluntary licenses directly from rightsholders are still preferable when possible. Compulsory rates are government-set flat fees rather than market-driven negotiated prices.

Plus, compulsory licensing procedures can be complex:

• Official notice must be properly filed before release.
• Royalty payments must be made to the designated collecting agent.
• Derivative works still cannot stray too far from the original composition.
• Digital services like streaming platforms are exempt.

In essence, compulsory licensing forces limited licensing availability for certain uses, but procedural compliance is still critical to avoid disputes.

Copyright and Public Performance

Publicly performing musical works, whether live or recorded, requires proper copyright licensing. This impacts concerts, bars, restaurants, stores, and other public venues.

Venues and Live Shows

Venues must obtain licenses to host live band performances of copyrighted songs. This compensates songwriters for the public performance of their compositions.

Royalties for Songwriters

Songwriters earn performance royalties when their compositions are played live at venues. Performing Rights Organizations (PROs) like ASCAP and BMI collect and distribute these royalties based on radio play reporting, setlists, and other data.

As songwriter, registering with your PRO ensures you receive your performance royalty share whenever your songs get performed publicly.

Venue Licensing

If a cover band plays popular radio hits at a bar, that venue must secure a public performance license. This allows the lawful public performance of those songs.

Annual blanket licenses from PROs or individual song licenses give venues legal permission for live renditions of copyrighted tunes, providing vital revenue streams for creators.

Radio and Streaming

Radio play and music streaming require licenses to publicly perform copyrighted recordings. This generates royalties for both artists and songwriters.

Royalties for Sound Recordings

Whenever a song gets played on terrestrial or digital radio, the recording artist earns a public performance royalty. Radio stations pay this royalty to SoundExchange, which collects and distributes to rights holders.

For artists, registering with SoundExchange ensures you receive your radio play royalties. You’re compensated for public airplay performances.

Role of PROs

Separately, underlying songwriters receive a royalty when their composition gets streamed or played on radio. Performing Rights Organizations (PROs) like ASCAP, BMI and SESAC collect these streaming and radio play royalties for songwriters and publishers based on reporting data.

As a songwriter, PRO registration earns you performance royalties whenever your songs hit the airwaves or internet streaming platforms. Public performances mean you get paid.

Sync Rights

Sync licenses allow the synchronization of music with visual media like film, TV shows, commercials, video games, and online videos.

Licensing Music for TV / Film

To legally add a soundtrack song to their productions, media creators must secure synchronization licensing from the rights holders. This grants sync rights.

For example, placing a hit single in a movie trailer requires a sync license from the artist and label controlling the recording. The production studio negotiates a fee to use the song.

Sync licenses also compensate songwriters when their composition gets synced. Publishers administer these sync uses for composers.

Maximizing Sync Deal Value

Artists and writers can maximize sync licensing revenue in deals by:

• Retaining sync rights when signing publishing or label contracts
• Negotiating most-favored-nation clauses pegging their rates to industry standards
• Placing songs in high-profile productions commanding premium fees

Music supervision platforms like Music Vine, Music Xray, and Soundstripe simplify licensing music for sync projects.

Protecting Copyright in the Digital Age

While the internet enables new opportunities for musicians, it also poses copyright challenges like online piracy. Proactively protecting rights is crucial.

Online Infringement and Piracy

Digital technologies make it easy to instantly copy and distribute unauthorized versions of songs. Common issues include:

• Illegal downloading – Pirate sites offering free, illegal MP3 downloads of albums strip royalties and licensing control from artists.
• Unauthorized streaming – Unlicensed streaming sites and illegal streaming boxes provide free access to copyrighted music, denying musicians compensation.

Protecting against online piracy

Musicians should utilize tools to guard against digital infringement, such as:

• Digital Rights Management (DRM) encryption on files
• Watermarking content
• Issuing DMCA takedown notices to remove infringing content
• Working with brands like YouTube ContentID to automatically flag re-uploads
• Monitoring social media copyright infringement with tools like Pex

Registering copyrights also enables stronger enforcement against online use without proper licenses. Have proof of rights before taking legal action.

Blockchain Technology

Blockchain innovation is transforming how copyrights are managed and tracked in music. Key applications include:

• Smart contracts – These self-executing contracts written in code can automatically control licensing terms, execute royalty distribution, and manage rights based on predetermined triggers and data inputs. For example, ensuring composers are paid each time a song is streamed.
• Metadata tagging – Blockchain-based systems embed metadata like songwriter and rights holder information directly into media files. This metadata persists across platforms, ensuring proper crediting and payment.

Benefits of blockchain for music copyright

• Automates license clearance, royalty calculations, and payments
• Creates transparent, accurate database of rights ownership
• Seamlessly integrates access controls based on licensing terms
• Reduces disputes through immutable public ledger

Major labels like Warner Music Group have invested in blockchain platforms like Audius for rights management. But smaller artists can also benefit from these emerging technologies.

Blockchain empowers musicians to control their creations and get compensated as works spread online. Copyright protection gets an upgrade for the digital age.

Sampling and Remixing

Sampling and remixing both involve reworking existing music. Copyright permissions are crucial.

Clearing Samples

Even small samples require clearance from rights holders. Unlicensed samples put artists at legal risk.

Best practices for clearing samples:

• Identify all underlying rights holders (songwriters, publishers, labels)
• Obtain licenses to sample – often negotiated as a percentage of royalties
• Credit original creators appropriately
• Manipulate samples substantially to strengthen fair use claims

Creating Derivative Works

Remixes and mashups sampling multiple works make rights clearance challenging. Strategies include:

• Licensing through distributors who handle sample clearance
• Releasing remixes for free or non-commercially
• Utilizing public domain and creative commons samples
• Collaborating with original artists who can approve samples
• Modifying samples until unrecognizable

Bottom line: Don’t assume unlicensed sampling or remixing falls under “fair use.” Do due copyright diligence.

International Music Copyright

Copyright law has expanded through international treaties and agreements to protect musicians across borders.

Berne Convention Provisions

The 1886 Berne Convention established baseline standards for copyright recognition between member countries. Key principles include:

• Automatic protection – copyright exists upon creation, no registration required
• National treatment – Foreign creators get equal protection to national citizens
• Minimum rights – Includes translation, reproduction, public performance, adaptation, etc.

Over 170 countries have joined the Berne Convention, agreeing to honor each other’s copyrights.

Protection Abroad

Thanks to international treaties, musicians generally enjoy copyright safeguards worldwide. Key tips:

• Register rights in significant markets like the U.S., U.K., E.U.
• Contract local performance PROs and collection societies to monitor foreign uses
• Retain rights when licensing music to foreign distributors
• Research specific foreign laws on copyright duration, scope, enforcement
• Hire local attorneys to pursue infringement claims overseas

Cross-border copyright compliance enables musicians to control their creations and get compensated globally. Know your international rights.

Cross-Border Licensing

Copyright licensing across national borders introduces complexities for musicians. Strategies include:

• Collection societies – Societies like PRS for Music (U.K.) and ASCAP (U.S.) maintain reciprocal agreements to collectively administer international copyrights, monitoring foreign radio play and venue use.
• International agreements – Global deals between major PROs and platforms like YouTube ease multi-territory licensing. Amendments cover areas like lyric display.
• Co-publishing – Co-owning copyrights with international publishers simplifies foreign registration and collection.
• Retain digital rights – When contracting distributors or publishers, retain key digital rights governing online use across borders. Don’t sign away all global control.
• Data standards – Adopting data formatting standards like DDEX helps track international usage for royalty payments.

Leverage resources like ISNI registration to get assigned a unique ID tied to your rights. This connects your information across borders.

Cross-border music copyright requires extensive cooperation. Utilize collective management and data interoperability to your advantage as much as possible.

Enforcing Music Copyright Claims

When copyrights get infringed, musicians have legal options to protect their rights and get compensation. Let’s explore key enforcement strategies.

Registration Benefits

Registering your copyrights before disputes enables important benefits:

• Statutory damages – Pre-infringement registration makes statutory damages up to $150,000 per work possible in lawsuits. Unregistered works get only actual damages.
• Attorney’s fees – Courts can order losing defendants to pay your attorneys fees if registered before infringement.
• Prima facie evidence – Registration constitutes prima facie evidence of validity. The burden of proof shifts to the defendant to disprove.
• Federal lawsuits – Registration is required before suing for copyright infringement in U.S. federal court.

Bottom line: Don’t wait until your rights get violated to register copyrights. Do it proactively.

Monitoring Use and Takedowns

Ongoing copyright monitoring allows musicians to detect infringement early and take quick action. Methods include:

• YouTube ContentID – Content ID scans YouTube uploads against registered reference files, automatically flagging re-uploads of copyrighted content and directing ad revenue to rights holders.
• Notice and takedown – Reporting infringing content to sites through DMCA or other takedown notices forces removal. Using monitoring tools like Audible Magic simplifies tracking piracy.
• PRO copyright enforcement – PROs like ASCAP, BMI and SESAC investigate unauthorized performance venues and issue infringement notices on your behalf backed by litigation resources.
• Facebook Rights Manager – Enables registering original video content with Facebook so matches get automatically detected before posting.
• Pex – Third-party SaaS that crawls web and social platforms using audio fingerprinting to identify uses of your catalog for licensing or takedown.

Vigilant monitoring is required in the digital age. Leverage both automated identification through fingerprinting and services that issue takedowns on your behalf.

Legal Action

When infringements persist after takedown requests, copyright holders can escalate to legal actions like cease and desist orders or federal lawsuits.

• Cease and desist – Sending a formal notice through an attorney demanding the infringer stop unauthorized uses and sign a binding legal agreement helps avoid litigation.
• Federal lawsuits – For serious ongoing violations, federal copyright infringement lawsuits seek injunctions, monetary damages (actual or statutory), attorneys fees, and destruction of infringing materials.

Tips for copyright lawsuits:

• Have registered, timestamped copyrights establishing valid ownership
• Consult an attorney experienced in copyright litigation
• Collect and preserve extensive evidence of infringement
• Calculate actual damages and profits gained by defendant
• Be ready to invest time and legal costs

Bottom line: Lawsuits should be a last resort after other enforcement efforts fail. But litigation is sometimes the only path to fully protect rights.

Public Domain Works and Royalties

Once a work’s copyright term expires, it enters the public domain where anyone can freely use the material without authorization.

Expired Copyrights

Once a copyright expires, the work enters the public domain. Two common scenarios:

Pre-1923 Recordings

Under U.S. copyright law, any sound recordings published prior to 1923 are now in the public domain. This includes early blues, jazz, and ragtime era music released before that year.

Because these recordings no longer have copyright protections, modern artists can freely cover or sample them without needing licensing approvals or clearances. Public domain status removes those legal hurdles.

For example, producers can liberally sample a Louis Armstrong cornet solo from 1922 without worrying about infringement. Or a band can cover early 1900s folk tunes and adapt the arrangements without permissions.

Identifying Public Domain Works

Resources like Project Gutenberg, IMSLP, and Public Domain Review offer searchable catalogs of works with expired copyrights now in the public domain.

Classical music and show tunes from early 20th century musicals are common examples, along with many traditional folk songs and spirituals.

Digging through these public domain repositories provides a treasure trove of material for musicians and composers to legally build upon.

Collecting Royalties

Public performances and uses of music in the public domain still generate royalties for rights holders through publishers and PROs.

Role of Music Publishers

Publishers collect royalties on underlying compositions, even for public domain works. For example, the Gershwin estate earns fees when “Rhapsody in Blue” gets licensed for a film soundtrack, despite expired copyright.

Publishers can administer public domain works through contractual agreements. They license uses to media creators and distribute royalties to heirs and successors.

PROs and Sound Recordings

Similarly, public radio airplay of a 1920s Bessie Smith track still pays artists via SoundExchange, even though the composition is public domain. Sound recording rights persist separately.

PROs like ASCAP and BMI also pay when public domain compositions get performed, like a jazz band covering “Take the A Train” live in concert. The public performance right remains intact.

In short, public domain status does not eliminate all royalty streams tied to old works. Savvy publishers and administrators facilitate continued monetization.

Conclusion

Understanding the intricacies of music copyright is crucial for succeeding as a musician in the modern era.

At its core, copyright protects your creative works and empowers you to control how they are used. It provides the legal basis to derive fair compensation from your artistic labor.

But copyright and licensing landscapes are complex, spanning recording masters, publishing rights, PRO registrations, joint works, and public performance considerations.

Musicians who proactively register rights, monitor usage, set contracts, and take legal action when needed thrive. Knowledge translates to revenues and creative control.

Digitization and globalization make understanding copyright even more pivotal. Online platforms generate new licensing opportunities, but also piracy threats requiring enforcement.

A informed approach, utilizing both tradition and emerging tools, keeps you protected.

The digital shift also makes music more collaborative and interconnected across borders. Coordinating licenses and royalties becomes critical.

Modern copyright perplexities like AI creations will continue to emerge. But grasping copyright foundations provides the perspective to navigate any changes ahead.

FAQ about Copyright

Understanding music copyright can feel overwhelming for artists and songwriters. This FAQ covers common questions musicians face when navigating rights in the digital age.