Copyright Basics 101

Knowing about copyright is useful for any musician to know. Whether you would like to perform a song, make arrangement of songs, finding sheet music, etc. It’s good to know the basic of copyright. I have been researching information about of copyright, and i’d like to share to you what I know. Please note that the information below valid in US. The organisation who manage the copyrights will be different in every country.

Ok, Now Let’s start:

THE LENGTH OF THE COPYRIGHT

How do we know if the music is copyrighted or in public domain? There are 3

1. Author’s life + 70 years
2. More than 2 authors : the death of the last surviving author + 70 years
3. If corporation hires someone to create, for example the author is employed by a corporation –  then the corporation owns the copyright for 95 years

TYPES OF REGISTRATION :

Let’s assume you have composed a great song and want to know how to registered your work or you want to adapt a song or use small portion of a copyrighted song. It is important to know the type of registration of copyrighted work.

1. Sound Recording Registration

The sound recording copyright protects the fixation of sounds that make up a recording of the composition. That means the sound recording with protect all the sounds that’s done to create that specific recording. It includes all of the various instruments, all of the vocals, all of the mixing, so that the record company and the artist were protected from other people making the exact duplicate of the recording.

2. Performing Arts Registration (PA Registration)

PA Registration protects the composition, for instance, to protect the music and the lyrics. The PA registration will protect bundles of rights, includes:

1. Mechanical rights. The right of reproduce and distribute. Examples are: CD’s & digital download.
2. Public performance rights. In the US we has three primary public performance right organisations; ASCAP,BMI,SESAC.
3. Synchronisation rights. This is the rights to synchronise one medium – usually audio to another medium, for example video. For example: soundtrack in the commercials.
4. Derivative rights. This is the rights to derive a new work from prior copyrighted work.
5. Grand Right : The right to perform non dramatic work – and to use in dramatic setting (for ex: using drama, staging, dialogue, dance, etx.
6. Print Right : The right to print the music.

3. The Digital Performance Right and Sound Recording (1995)

Act is giving record companies and artists the opportunity to be paid when their recordings are streamed and played through this growing digital transmission market.

COPYRIGHT INFRINGEMENT

In the area of Youtube, we often see the video has been deleted because of copyright infringement issue. It is simply illegal to borrow and use other people works without permission. If we do, there is a chance that we can be sued by the copyright owner.

There are three element of proof that copyright owner has to proof, when they decided bring the case to the court:

1. Copyright registration. They need to proof they have the copyright registration of the song.
2. Access. They have to proof the person who infringed has access to hear the song. If the song is really the same then you don’t have to proof the access.
3. Substantial similarity.

However, it won’t be possible to bring case by case to the court, it just too many, and it takes a lot of effort and time to do. The musician in other hand would need also to consider the risk to be sued where they infringe the copyrighted work. Copyright infringement is a serious issue, so, my advise is always check and consider the risk before you use other works which is not yours.

FAIR USE

Fair use is use to defense a copyright infringement claim. It is use normally in the religious setting, educational setting, new’s reporting agencies or parody – normally at non-profit situation.

I hope this information helps and guide you whether you are considering make own composition, arranging and want to use someone works. When you doubt, you can always go to the publisher to ask more question. Any suggestion or feedback, don’t hesitate to leave a comment.