12.1 Copyright basics for songwriters
3 min read•august 6, 2024
Copyright is a crucial aspect of songwriting, protecting your original works from unauthorized use. It automatically applies to your creations, lasting for your lifetime plus 70 years. Understanding copyright basics empowers you to safeguard your musical creations.
Songwriters should be aware of , licensing, and derivative works. These concepts allow for limited use of copyrighted material and provide opportunities for collaboration. Registering your copyright offers additional legal protection and benefits in case of infringement.
Copyright Fundamentals
What Copyright Protects
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- Copyright protects original works of authorship fixed in any tangible medium of expression (literary, musical, dramatic, pantomimes, choreographic, pictorial, graphic, sculptural, motion pictures, audiovisual, sound recordings, architectural works)
- Copyright does not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries
- Copyright exists automatically from the moment the work is created in fixed form and lasts for the life of the author plus 70 years after the author's death
- Works created on or after January 1, 1978 are protected for the life of the author plus 70 years, while works made for hire or anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter
Public Domain and Intellectual Property
- Public domain refers to creative works not protected by intellectual property laws like copyright, trademark, or patent laws, making them free for anyone to use without permission
- Works enter the public domain when the copyright term expires, the copyright owner fails to follow copyright renewal rules, the copyright owner deliberately places it in the public domain, or copyright law does not protect this type of work
- Intellectual property encompasses creations of the mind (inventions, literary and artistic works, designs, symbols, names, and images used in commerce)
- Intellectual property is protected by patent, copyright, trademark, and trade secrets law to enable people to earn recognition or financial benefit from their inventions or creations
Using Copyrighted Material
Fair Use Doctrine
- Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders
- Fair use is determined by four factors: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect of the use upon the potential market
- Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, and scholarship
- Fair use is a defense against a claim of and allows for the unlicensed use of copyright-protected works in certain circumstances
Licensing and Derivative Works
- Compulsory allows someone to use another's intellectual property without seeking the rights holder's consent in exchange for a set fee and under certain conditions
- Compulsory allows anyone to record and distribute a cover song in exchange for paying a to the copyright holder (currently 9.1 cents per copy)
- A derivative work is a work based on or derived from one or more preexisting works (translations, musical arrangements, dramatizations, fictionalization, art reproductions, abridgments, condensations, or any other form in which a work may be recast, transformed, or adapted)
- The copyright in a derivative work covers only the additions, changes, or other new material appearing for the first time in the work, not the preexisting material
Protecting Your Work
Copyright Registration
- Copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright
- Registration is not a condition of copyright protection, but it establishes a public record of the copyright claim
- Registering a work is required before filing an infringement suit in court
- Registration within three months of publication or prior to an infringement allows for statutory damages and attorney's fees in successful litigation
- Registration requires filing an application, paying a fee, and submitting copies of the work to be registered to the U.S.
Key Terms to Review (18)
ASCAP: ASCAP, or the American Society of Composers, Authors, and Publishers, is a performance rights organization that protects the rights of songwriters and composers by collecting licensing fees for public performances of their music. This organization plays a crucial role in ensuring that creators receive fair compensation for the use of their work in various settings, connecting closely with copyright laws, music publishing, royalties, and licensing opportunities.
Bertelsmann: Bertelsmann is a global media, services, and education company based in Germany, known for its diverse portfolio that includes book publishing, television, and music rights. The company plays a significant role in the music industry through its subsidiary, BMG Rights Management, which focuses on music publishing and rights management, making it a key player in the context of copyright for songwriters.
Bmi: BMI, or Body Mass Index, is a numerical value derived from an individual's weight and height, commonly used to assess whether a person has a healthy body weight for their height. In the context of music and songwriting, BMI also refers to Broadcast Music, Inc., a performing rights organization that plays a crucial role in the music industry by collecting royalties on behalf of songwriters, composers, and publishers when their music is performed publicly. This connection highlights the importance of understanding performance rights and how they affect revenue generation for songwriters.
Copyright Act: The Copyright Act is a set of laws that governs the protection of original works of authorship, including music, literature, and art. It gives creators exclusive rights to their works, allowing them to control reproduction, distribution, performance, and public display. This legal framework is crucial for songwriters as it ensures they can monetize their creations and protects them from unauthorized use.
Copyright infringement: Copyright infringement occurs when someone uses a copyrighted work without permission from the copyright owner. This can happen in various ways, such as copying, distributing, or performing a song without the necessary rights. Understanding copyright infringement is crucial for songwriters because it protects their original compositions and ensures they can control how their music is used.
Copyright Office: The Copyright Office is a government agency that administers copyright law in the United States, overseeing the registration of copyrights, maintaining records, and providing information about copyright practices. This office plays a crucial role in protecting the rights of creators, including songwriters, by ensuring that their original works are legally recognized and safeguarded against unauthorized use or infringement.
DMCA: The DMCA, or Digital Millennium Copyright Act, is a U.S. law enacted in 1998 that aims to protect copyrighted works in the digital environment. It provides a framework for copyright owners to address the unauthorized use of their works online and includes provisions for safe harbors that protect online service providers from liability if they follow certain guidelines. The DMCA is crucial for songwriters as it helps them safeguard their music from unauthorized reproduction and distribution in the digital space.
Fair use: Fair use is a legal doctrine that allows limited use of copyrighted material without needing permission from the rights holder. It enables creators to use portions of a work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The balance between protecting the rights of copyright owners and encouraging creativity is vital, making fair use a crucial concept for songwriters and those involved in licensing songs.
License: A license is a legal permission granted by a copyright holder that allows others to use a copyrighted work under specified conditions. This concept is crucial for songwriters as it governs how their music can be reproduced, distributed, and performed by others. Licenses can vary in scope, duration, and exclusivity, impacting both the rights of the copyright owner and the obligations of the user.
Mechanical license: A mechanical license is a legal permission that allows a person or entity to reproduce a copyrighted musical composition in a physical or digital format. This type of license is essential for songwriters and publishers, as it ensures they receive royalties when their music is reproduced and distributed by others, such as record labels or streaming services. It connects to copyright basics because it protects the rights of creators while also addressing contracts and legal considerations involved in music distribution.
Music publishing rights: Music publishing rights refer to the legal rights that songwriters and music publishers hold over the reproduction, distribution, and performance of musical compositions. These rights ensure that creators receive compensation whenever their music is used commercially, whether it’s through sales, streaming, or public performances. Understanding these rights is crucial for songwriters as it directly impacts their ability to earn revenue from their work.
Public performance rights: Public performance rights refer to the legal permission required to perform a copyrighted musical work in a public setting. This can include live performances, broadcasts, or digital streaming. These rights are crucial for songwriters and artists because they ensure that creators are compensated for the use of their music in venues like concerts, restaurants, and on television or radio. Understanding these rights is essential for navigating copyright laws and maximizing revenue streams in various markets, particularly in film, TV, and advertising.
Registration process: The registration process refers to the formal procedure through which songwriters and their works are officially recorded with a copyright office, ensuring legal protection of their creative output. This process is vital as it establishes ownership, provides legal evidence of copyright, and allows songwriters to seek damages in cases of infringement. Completing this process can also make it easier for songwriters to license their music and collect royalties.
Reproduction rights: Reproduction rights refer to the legal permissions granted to an individual or entity to duplicate, replicate, or create copies of a copyrighted work. In the context of songwriters, these rights are crucial because they allow them to control how their music is used, whether it's through physical copies like CDs and vinyl, or digital formats such as streaming and downloads. Understanding reproduction rights is essential for songwriters to protect their creative work and ensure they receive appropriate compensation for its use.
Royalty: Royalties are payments made to songwriters, composers, and artists for the use of their creative works, primarily in music. These payments are a key part of copyright law, ensuring that creators receive compensation whenever their music is played, sold, or distributed. Understanding royalties is crucial for anyone involved in music creation, as they directly relate to the financial aspects of songwriting and the protection of intellectual property.
Stephen Foster: Stephen Foster was an American songwriter known as the 'father of American music,' who composed over 200 songs in the 19th century, many of which are still popular today. His work laid the foundation for American popular music and he significantly influenced the development of musical theatre, folk music, and the American songwriting tradition. Foster's compositions often reflect themes of love, nostalgia, and life in the American South.
Sync license: A sync license, short for synchronization license, is a legal agreement that allows the use of a copyrighted song in combination with visual media such as films, TV shows, commercials, or video games. This type of license ensures that the songwriter and copyright owner receive compensation for the use of their music in these contexts. Sync licenses are essential because they help protect the rights of songwriters while providing opportunities for their music to reach wider audiences through visual platforms.
Sync rights: Sync rights, short for synchronization rights, refer to the legal permissions required to use a piece of music in conjunction with visual media such as films, television shows, advertisements, or video games. This permission is necessary because it combines the sound recording and the underlying composition, which are both protected by copyright law. Obtaining sync rights ensures that songwriters and artists are compensated for the use of their work and helps protect their creative rights.