Behind every piece of music lies a complex web of legal frameworks, agreements, and rights that ensure creators are fairly compensated for their artistic endeavors. In music, copyright protection is divided into two main categories: musical work (composition) and sound recording (master). Copyright is automatically established for musical works and composition when they are “fixed” into a tangible medium of expression, that is, be captured in a medium through which they can be perceived, replicated, or otherwise conveyed. When the music or lyrics of a composition are recorded through audio, notation or document or when a sound recording is made through a recording medium, such as a digital audio recording the “fixation” requirement is met, and copyright is afforded to the author.
The U.S. Copyright Act of 1976, contained in Title 17 of the United States Code, serves as the foundation for copyright law in the United States. The Copyright Act, which encompasses the federal U.S. law, serves as the source for much of what is discussed in this document.
Musical Work: Building the Foundation
Musical work refers to the underlying composition along with any accompanying lyrics. It is typically owned by individuals such as songwriters, lyricists, and composers, and their music publishers typically oversee its administration. The composition is comprised of the lyrics and the melody which are collectively protected by copyright.
Split sheets play an important role in determining ownership and rights for collaborative musical works. When multiple creators collaborate on a composition, a split sheet outlines the percentage of ownership each contributor holds. These sheets ensure fair compensation, transparency, and proper registration with publishers and performance rights organizations (PROs).
Sound Recording: Capturing the Performance
Sound Recording is the capturing and preservation of audio such as music, spoken words, or any other sounds, in a physical or digital medium, such as a CD or digital file. While the musical work focuses on the composition's core elements, the sound recording copyright pertains to the actual performance and recording of the composition.
Anyone involved in the creation of a sound recording, including artists, producers, and engineers, is considered a co-author of the master unless work-for-hire agreements or rights transfers are in place.
Sound Recording:
There is an assumption that co-authored works are divided equally unless there is a written agreement between the co-authors. To address this, split sheets are used. These documents help to record and agree on the percentage of participation each co-author has if it is not equally divided. They have become an "industry requirement" to validate those rights and ensure more accurate registrations. There are four exclusive rights of a sound recording (or master recording). These rights give the owner of a sound recording a significant level of control over how their work is used and monetized, and they are essential in protecting the interests of recording artists, record labels, and other rights holders in the music industry. These exclusive rights are:
Reproduction Right: it grants the owner the exclusive authority to reproduce copies of the sound recording. It means that no one else can duplicate, reproduce, or copy the original sound recording without permission from the owner. However, this right is limited to the fixed sounds employed within a master recording.
Distribution Right: it provides the owner with the exclusive privilege to distribute copies of the sound recording and any derivative works based on the copyrighted material to the public. This includes physical copies like CDs and vinyl records as well as digital distribution through downloads and streaming platforms.
Public Performance Right: the owner can control when and where the sound recording is publicly played, whether it's on the radio, in a concert, or through streaming services.
Digital Performance Right: a separate right was established for digital performances of sound recordings. This covers online streaming, webcasting, and other digital transmissions of sound recordings. It ensures that the owner has control over the digital distribution of their recording.
Sound Recording: Derivative Works
Sound recording copyright also covers the creation of derivative works, which involve transforming or adapting the original recording. This could include remixes, cover versions, and other adaptations. Copyright owners have the right to authorize derivative works, anyone who wants to use their material must get permission before releasing any derivative work.
Registering Your Work
Although your work generates copyright from the moment it is fixed, registering it with the U.S. Copyright Office gives you additional benefits. If your content is stolen or misused, you have the ultimate leverage when you register your music, if it gets infringed before registration you lose your right to statutory damages. It is necessary to complete registration or application for registration with the U.S. Copyright Office before initiating legal action through a lawsuit.
Copyright protection remains the key to preserving the value of musical creations. Protecting your rights also holds an important role in music royalty and monetization. In an upcoming blog post, we will dive deeper into the different types of music royalties, exploring the various revenue streams, the evolving landscape of digital platforms, and other mediums through which musicians can capitalize on their talents.
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