Unit
- Copyright origin: Music copyright protects original works of authorship fixed in a tangible medium, including both musical compositions and sound recordings. In the U.S., copyright arises automatically upon creation, but registration with the U.S. Copyright Office provides additional legal benefits such as statutory damages and attorney fees in infringement cases.
- Two distinct copyrights: A single song typically has two separate copyrights: one for the musical composition (the notes and lyrics) owned by the songwriter or publisher, and another for the sound recording (the specific recorded performance) owned by the record label or artist. Licensing requires permission from both rights holders unless an exception applies.
- Exclusive rights: Copyright grants six exclusive rights: reproduction, distribution, public performance, public display, creation of derivative works, and digital audio transmission. Music licensing is essentially a permission to exercise one or more of these rights, often limited by scope, territory, and duration.
- Duration of copyright: For works created after 1978, copyright lasts for the life of the author plus 70 years. For works made for hire, the term is 95 years from publication or 120 years from creation, whichever is shorter. After expiration, works enter the public domain and can be used freely.
- Work made for hire: If a musician creates a composition as an employee or under a signed work-for-hire agreement, the employer or commissioning party is considered the author and copyright owner. This concept is crucial for media composers and session musicians who often assign their rights.
- Copyright notice: Although not required for modern works, including a copyright notice (©, year, owner) informs the public of the claim and can prevent an infringer from claiming innocent infringement. For sound recordings, use the ℗ symbol.
- Fair use: A limited defense to copyright infringement, fair use allows unlicensed use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Courts evaluate four factors: purpose, nature of work, amount used, and effect on potential market. Fair use is unpredictable and rarely applies to commercial music licensing.
- International treaties: The Berne Convention ensures that copyright protection is recognized among signatory countries without formalities. The U.S. is a member, so works created in one member country are protected in all others, simplifying cross-border licensing but still requiring localized clearance.
- Mechanical licenses: A mechanical license grants permission to reproduce and distribute a musical composition in audio-only formats such as CDs, downloads, and streaming. In the U.S., this license can be obtained under a compulsory provision for nondramatic uses after a song has been distributed publicly, with royalties set by law. Digital services often rely on blanket mechanical licenses from agencies like the Harry Fox Agency.
- Performance rights organizations: PROs such as ASCAP, BMI, and SESAC in the U.S. collect public performance royalties on behalf of songwriters and publishers. Venues, broadcasters, and digital platforms pay blanket license fees to PROs, which then distribute royalties to affiliated members based on usage data. This system simplifies the licensing of performances for businesses and broadcasters.
Design Principle
Principle: Clear separation of rights layers
Definition: Music licensing requires distinguishing between the composition copyright and the sound recording copyright, as they are often owned by different entities. Treating them as a single asset leads to clearance gaps and legal exposure.
Application: When licensing a song for a film scene, secure a synchronization license from the publisher for the composition and a master use license from the record label for the recording. Always verify both sides before production begins to avoid costly reshoots.
Quick Revision
- Music copyright covers compositions and sound recordings separately.
- Six exclusive rights define what owners can control.
- Copyright duration is life + 70 years, or 95/120 years for work made for hire.
- Fair use is a limited defense, not a shortcut for licensing.
- International treaties like Berne simplify global protection.