Protecting Your Ass(ets): A Guide to Copyright in the Music Industry
Understand how copyright really works and secure your financial interests
Are you aware that in 2023, the U.S. recorded music industry hit a record $17.1 billion in revenue? Streaming alone accounted for $14.4 billion of this total. This significant financial growth highlights why understanding copyright is crucial for anyone in the music industry. By grasping the essentials of copyright, you can navigate the music industry more effectively and secure your financial interests.
What is copyright?
Copyright is a set of laws and regulations that protect creative works like musical compositions, sound recordings, cover art, music videos, and choreographies.
What rights does copyright include?
Copyright includes six exclusive rights. This means only you can decide who can copy, modify, sell, perform, display, or transmit your work online.
These rights are very important for the music industry because they can be sold or licensed to others for money, commonly known as royalty.
Who owns the copyright?
As a general rule, the owner of the copyright on a work is the person who created it.
When a work is created by two or more people, it is known as a joint work, and the copyright is divided equally among them.
The exception is if there is a written contract stating otherwise. In that case, we need to see if the contract complies with the law, mainly if it is in writing.
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What rights do co-authors have over a copyright?
Each person who helped create a joint work has the right to use the work without needing permission from the other co-authors.
For example, they can allow others to use it, sell their share to someone else, or make changes to the work.
But if any of the co-authors make money from the work, they must inform the other co-authors and share the earnings with them.
The two types of copyright in music
In music, there are two types of copyright:
Musical composition (work of the performing arts or PA): A unique combination of melody, harmony, rhythms, and lyrics. Think songwriters, composers, beat makers, and publishers.
Sound recording (master or SR): A recording of a musical performance. Think record labels, featured artists, and non-featured artists.
Copyright also protects musical arrangements, how sounds interact, song translations, re-harmonization, melodic paraphrasing, changes to song structure, etc.
What other types of works does copyright protect?
Copyright also protects creative works like:
Literary works: poems, novels, books, blogs
Dramatic works
Choreographies and pantomimes
Paintings and sculptures
Films and audiovisual works like music videos
Architectural works
What things are not protected by copyright?
Some things cannot be protected by copyright, such as ideas, titles, short phrases, names, slogans, fonts, colors, common designs, facts and data, clichés, and works created by the U.S. government.
Some of these things can be protected as trademarks.
How long does copyright last?
The duration of copyright depends on several factors.
The first scenario is when someone creates a work without a contract. In this case, copyright lasts for the author's lifetime plus 70 years. If there were multiple authors, the 70 years start from the death of the last surviving author.
The second scenario is when the work is created anonymously, under a pseudonym, or under a contract. In this case, protection lasts 95 years from publication or 120 years from creation, whichever is shorter.
What happens when copyright expires?
When the copyright term ends, the work enters the public domain. This means anyone can use it freely without permission or payment.
How is copyright created?
Copyright is automatically created when a human makes something new, original, and that others can see or hear.
It’s like a recipe with three ingredients:
Creative Work: Not common or clichéd elements.
Original: Not a copy.
Tangible Medium of Expression: Can be perceived by the senses.
As of today, works created by artificial intelligence (AI) are not copyrightable in the United States because they do not meet the requirement of human authorship. The U.S. Copyright Office has long held that copyright protection is only available for material that is the product of human creativity.
Why register copyright?
Although copyright is created automatically, the best practice is to register it.
If you register, you can sue in court, request an injunction to stop unauthorized use, get monetary damages if you win, and have strong evidence that it’s your work protected in the U.S.
If you don’t register, you cannot sue in court.
Where is copyright registered?
Each country has its own copyright office.
In the United States and Puerto Rico, copyright is registered with the U.S. Copyright Office, which is part of the Library of Congress.
Is there an international copyright registry?
There is no international copyright registry, as each country has its own copyright rules.
However, countries like the United States have agreements with most countries, and as a result of these international treaties, copyright protection in one country can apply in others.
This is specifically about the Berne Convention.
What is the Berne Convention?
The Berne Convention is an agreement between over 181 countries to protect works and authors’ rights internationally.
This means if your country is part of this treaty, your work will automatically receive the same protection as native works in the other signatory countries.
What is the best practice if you live outside the United States?
If you live outside the United States or Puerto Rico, the best practice is to register your work in your country and in the United States. This way, you can claim all the benefits of registered works, mainly money.
Alternatively, you can choose to register only in your country’s copyright office. If your country is part of the Berne Convention, your work will automatically receive the same protection.
Can I register my copyright with a platform like Cosynd?
Yes, Cosynd offers affordable copyright registration services with the U.S. Copyright Office.
What about platforms like Safe Creative, SongSecure, Musicdibs, and enotario?
These services are different from copyright registration in the United States.
Usually, these private services help you prove that you created the work and own it. They also help check if someone is using your work without permission online.
But this is not the same as registering with your country’s copyright office.
Some of these private services offer to register your work with the U.S. Copyright Office for an additional fee. So before paying, make sure you understand what you are paying for.
Conclusion
Understanding copyright is essential for anyone in the music industry. It protects creative works and ensures that creators and rights holders receive the compensation they deserve. By knowing your rights and how to protect them, you can secure your financial interests and avoid legal issues.
As the U.S. music industry continues to grow, the importance of copyright cannot be overstated. Whether you're a music entrepreneur, professional, or business owner, mastering the basics of copyright will help you navigate the complex world of music and maximize your earnings.
Remember, safeguarding your copyright is not just about legal protection—it's about valuing your assets and ensuring it brings you the financial rewards you deserve.
References:
Thaler v. Perlmutter, No. CV 22-1564 (BAH), 2023 WL 5333236 (D.D.C. Aug. 18, 2023).
WIPO.
Berne Convention for the Protection of Literary and Artistic Works.
Matthew Bass, Year-End 2023 RIAA Revenue Statistics, Recording Industry Association of America.