What is a Copyright?
A copyright grants the creator exclusive rights to their original work for a specific period. To qualify for copyright protection, a work must be both original and fixed in a tangible form, such as a recorded song or a written manuscript. Copyright can apply to various types of creative works, including music, literature, art, films, and more. For example, your band’s logo, album cover, or music video can all be protected by copyright.
It’s important to note that copyright does not protect ideas, facts, systems, or methods of operation. Similarly, song titles, band names, or slogans cannot be copyrighted. Instead, these might be eligible for trademark protection, which is a different legal concept that we’ll cover in another article.
Copyrights in Music: What You Need to Know
In the realm of music, each song typically has two separate copyrights:
- Musical Composition – This includes the lyrics and the underlying music (melody, harmony, and rhythm).
- Sound Recording – This is the specific recorded version of the musical composition.
For example, Bob Dylan originally wrote and composed “All Along The Watchtower,” so he holds the copyright for the musical composition. However, when Jimi Hendrix recorded his version of the song, he or his record label acquired the copyright for that specific sound recording.
What Does a Copyright Do?
Owning a copyright gives you five key exclusive rights:
- Reproduction – You can make copies of your work, like pressing CDs or creating digital downloads.
- Distribution – You control how your work is shared or sold, including streaming.
- Derivative Works – You can authorize adaptations, such as remixes or cover versions.
- Public Performance – You decide where and how your work is performed publicly, like at concerts or on the radio.
- Public Display – You can control the public presentation of your work, such as showing a music video.
For instance, if someone buys your CD, they can’t legally make copies and give them to others. Also, if someone wants to remix your song, they need your permission because the remix is considered a derivative work.
In order to produce physical copies like records or CDs, or to offer downloads, a third party needs a mechanical license from the copyright holder of the musical composition. After the first public release, others can cover your song by obtaining a compulsory mechanical license and paying the required fees.
A compulsory license means that the songwriter cannot refuse permission for someone to cover their song, though they are entitled to receive royalties.
Do You Need a Copyright Notice?
You’ve likely seen a copyright notice on CDs, DVDs, or websites, usually something like “© 2024, Harmitone Music.” This notice includes the © symbol, the owner’s name, and the year the work was created. While this used to be necessary to claim copyright protection, today, your work is protected as soon as it is fixed in a tangible form, whether or not you include the notice.
Who Owns a Copyright and For How Long?
Typically, the original creator of the work is the copyright owner. For works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years. This allows the creator’s heirs to benefit from the work even after the creator has passed away.
In cases where multiple people create a work together, each contributor holds rights to the work, which lasts 70 years after the death of the last surviving contributor.
Sometimes, a work is created as a “work for hire,” meaning that it’s created by an employee or commissioned by someone else. In these cases, the employer or the commissioning party is considered the copyright owner. For works made for hire, copyright protection lasts either 95 years from the first publication or 120 years from creation, whichever is shorter.
How Do I Copyright a Song?
In the U.S., your work is automatically protected by copyright as soon as it’s created, thanks to international agreements like the Berne Convention. However, to fully protect your rights, especially if you need to take legal action against infringement, it’s important to register your copyright with the U.S. Copyright Office.
Registering your work is straightforward: submit an application with the required fee and copies of your work to the Copyright Office. Once registered, your work is listed in public records, and you gain the ability to pursue legal remedies if someone infringes on your copyright.
What is Copyright Infringement?
If someone uses your copyrighted work without permission, they could be infringing on your rights. To prove infringement, you need to show that you own the copyright and that the other party copied essential parts of your work.
Infringement cases can result in the infringing party being ordered to stop using your work, having copies of the work seized, and potentially having to pay you damages. If you registered your copyright before the infringement occurred or within three months of publication, you might also be entitled to statutory damages and attorney’s fees.
Defenses to Copyright Infringement
Not all uses of a copyrighted work are considered infringement. Under the doctrine of “fair use,” certain uses, such as for educational purposes, commentary, criticism, news reporting, or parody, may be allowed without the copyright owner’s permission.
Final Thoughts
Copyrights are essential for protecting your creative work in the music industry. Understanding your rights and how to enforce them can help you maintain control over your music and ensure you are properly compensated. If you have questions or need legal assistance, it’s wise to consult with a copyright attorney.
