So what exactly do you mean by Music Copyright?
In plain terms it means that as soon as you write a song, you (the songwriter) own the rights to that song and is therefore the rightful copyright owner. It means you’re protected by law.
However, to enforce the copyright, you need to prove your ownership. That is why you need to register your song as mandated by the local government (in US you register the song with the government’s copyright website). This makes it easier to assert your rights in case your copyright is infringed upon.
Things to Keep in Mind
- You have a valid copyright as soon as your original song or sound recording is fixed in a tangible medium of expression (written or recorded)
- The law could be slightly different depending on the country.
- If your country is a member of the Berne Convention, copyright in a song comes into existence when you create it. If multiple creators are involved, it is better to seek legal advice.
- Avoid the old-fashioned method of placing your recorded song in an envelope and mailing it to yourself to guarantee copyright. This method didn’t stand up in various court cases (seems easy to tamper with) and has since been discredited.
Difference Between a Song and a Sound Recording
Here’s why you need to understand the distinction between a song and a sound recording:
- A melody and accompanying lyrics make up the song or the musical work (known as Musical work as per the Copyright Act)
- A sound recording is the recorded performance of a song.
- Music copyright law recognizes a copyright in the song and a separate copyright in the sound recording.
Here’s an example of a single song with different sound recordings.
For example, the familiar melody and lyrics of the song “Amazing Grace” is the ‘Musical work’.
But the song has been recorded by several artists including Aretha Franklin & Elvis Presley, and each of them is considered a separate sound recording for the same song.
Transfer of Rights
Copyright owner of the song and of the sound recording can be the same person, but in reality it doesn’t work that way. Why?
Because you can write a song sitting at home, but getting it recorded is a different ball-game’ you need the backing of a big label/music company.
That’s why, even though the songwriter is the initial copyright owner of the song, when working with music publishers to generate song revenue, songwriters frequently transfer the copyrights in their songs to another person or company.
Usually, the record company is also the copyright owner of any sound recordings made under the contract. Where there’s no written agreement about who owns the sound recording copyright, the copyright is owned by the creators of the sound recording (performers, producers, and/or recording engineers).
More on Music Copyright
Music copyright law gives the copyright owner of a song the following rights:
- The right to make copies or recordings of the song.
- The right to prepare a derivative work based on the song. This means that you can take part of the song and place it in a new song.
- The right to distribute copies of the song.
- The right to perform the song in public.
- The right to display the song in public (as sheet music).
Copyright law gives the copyright owner of a sound recording the following rights:
- The right to make as many CDs, cassettes, and so on, of the sound recording, as they like.
- The right to distribute these CDs, cassettes, etc.
- The right to prepare a derivative work based on the sound. This means that the copyright owner of the sound can take parts of the sound recording and place it in another recording.
- The right to perform the sound recording publicly, by means of digital audio transmission. This also applies to the sound recording performed on the internet.
These are some of the basic elements of music copyright; its good to know that laws are in place to safeguard your rights.
KeytarHQ editorial team includes musicians who write and review products for pianists, keyboardists, guitarists & other musicians. KeytarHQ is the best online resource for information on keyboards, pianos, synths, keytars, guitars and music gear for musicians of all abilities, ages and interests.
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