Week 2 Reading

WHAT IS COPYRIGHT?

• A copyright emerges from when you create something

  • REQUIREMENTS

    • Original = coming out of your head

    • Creativity

      • In the supreme court it is called: A modicum of creativity

    • Fixed in a tangible medium of expression

      • EX. Sheet music, you recorded it, audio or video, mp3, mp4

COPYRIGHT MYTHS

• You need to send the copyright to Washington DC

  • It is already copyrighted from the moment of created

  • Must be original and fixed for it to be copyright

• If you took 30 days to write something, everything in those 30 days is copyrighted and protected

  • Someone can't go in and take something from day 3

1976 COPYRIGHT ACT

• If you're born after 1978 and you're creating music they are affected

• It protects all music from January 1st 1978 onward

• So the length of the copyright is now the life of the author and 70 years after they are dead

  • So copyright last 70 years after the authors death

WHAT DOES IT COVER

• Protects your expression, NOT YOUR IDEA

  • EX. The idea of writing a song about a breakup is not protected as if someone else had the same idea to do that, it isn't protected only the expression

WHY IS COPYRIGHT IMPORTANT

• The only time there is federal protection on what you do

• It is even in the constitution

  • Congress had the power to promote the progress of science and useful arts

• In the CONST it said, by securing authors and inventors the rights to their writings and discoveries and the government gives you a monopoly for what you

What is a Exclusive Right

• What is an exclusive right? A Exclusive right is

  • Exclude other people from doing anything with your copyright 

  • It means that you can exclude everyone doing certain things with your work

THE SIX EXCLUSIVE RIGHTS OF COPYRIGHT

• 1, RIGHT TO MAKE COPY OF YOUR WORK

  • No one else can copy it, only you

  • You can exclude others from doing it

• 2. RIGHT TO CREATE DERIVATIVE WORKS

  • If you were to right a song you can license the song for other purposes

  • EX. Songs such as straight outta compton

• 3, RIGHT TO PERFORM IT PUBLICLY

  • As once you written it and until you permit it, it cannot be performed

  • You have the right to stop from being performed

  • PRO (Performance right organizations)

    • Collect money for the uses/performances of your song

• 4. THE RIGHT TO SELL

  • MJ got all the beatles copyrights

    • Copyrights can be valuable

  • Copyright is part of intellectual property

• 5. THE RIGHT TO PUBLICLY DISPLAY

  • Such as displaying lyrics

    • Such as them being on shirts

• 6. RIGHT TO PERFORM THE RECORDING PUBLICLY BY THE MEANS OF DIGITAL AUDIO TRANSMISSION

  • IF there is a sound recording

    • You can say no to spotify, deezer, apple music etc

    • They cant just play your sound recording

    • Newest Right

WHAT DOES COPYRIGHT NOT PROTECT

• Does not protect titles, short phrases, name of a company, performing group, vibe, feel, style of music

• In copyright law, melody is only mentioned everything such as tempo, chords, tune, progression are not mentioned

• When looking for a band name and what is legal is if you name your band after a song/movie

  • EX. Lady gagas name was inspired by Radio gaga and her name is now Lady Gaga and that is legal

  • EX. The rolling stones got their name from a song from Muddy waters

COWRITING/COPYRIGHT

• If there are multiple writers and it is registered to the copyright office, the office assumed its equal

  • Even if there are multiple writers

  • If a band disbands after sharing ideas and one of them becomes successful, does the other writer get money? No, its just an idea it isn't protected

RESOLVING COPYRIGHT ISSUES

• Courts

  • 3 Level court, all are federal

    • District

    • 94 districts in the USA

  • NY, LA, Nashville are the most common for copyright cases

  • Someone who loses a case call appeal it to a circuit court

  • Then it is the supreme court, you are not that far from the supreme court

• Costs

  • Very expensive

  • 200-300-400 an hour

  • There are expert witnesses

  • These can last a while

    • Even a short case may be 2 years

BLURRED LINES COPYRIGHT CASE

Core Idea

• The “Blurred Lines” copyright case involved the Marvin Gaye estate suing Robin Thicke and Pharrell Williams.

• The case raised an important question: Can the feel or style of a song be protected by copyright?

The Lawsuit

• Marvin Gaye's family claimed that “Blurred Lines” infringed Marvin Gaye's song “Got to Give It Up.”

• The jury found Thicke and Williams liable for infringement.

• An award of approximately $7.3 million was ordered.

What Was Similar?

• The similarities were mainly the songs':

  • Feel

  • Style

  • Tempo/speed

  • Overall musical character

• No melody was directly copied.

• There was no sampling of the original recording.

• No portion of the sound recording was copied.

• No lyrics were copied.

Copyright Registration Issue

• Gaye's song had been registered with the U.S. Copyright Office using sheet music.

• The copyright protection at issue was therefore based on what was contained in the registered musical composition, rather than the later sound recording.

• An important criticism of the decision was that experts relied on aspects of the sound recording when those elements were not necessarily part of what had been registered.

Why Was the Decision Controversial?

• Critics argued that the decision potentially gave copyright protection to style, sound, or musical “feel”, rather than specific protectable musical expression.

• This raised concerns that artists could face copyright claims for creating music that sounds similar without actually copying a melody or recording.

SAMPLING

Core Idea

• Sampling involves taking a portion of an existing sound recording and using it in a new musical work.

• It is especially common in hip-hop.

Definition

• Sample: Copying or incorporating part of a pre-existing sound recording into a new song.

What Is a Sound Recording?

• A sound recording is the actual recorded performance/song that you hear.

• It contains the combination of sounds that make up the recording, including elements such as:

  • Vocals

  • Instruments

  • Harmony

  • Lyrics

  • Other recorded sounds

Two Copyrights

• Sampling can involve two separate copyrights:

  1. Sound recording copyright → belongs to the recording/record label.

  2. Musical composition copyright → belongs to the songwriter/publisher.

• Therefore, legally using a sample may require permission from both sides.

Permissions

• Ideally, an artist needs:

  • Permission from the songwriter/publisher for the composition.

  • Permission from the record label/rightsholder for the sound recording.

Purpose of Sampling

• Sampling is often based on the idea of taking something that already exists and building something new around it.

• It can also serve as a way of honouring or referencing previous music.

• This practice is particularly important in hip-hop culture.

Unauthorized Sampling

• Artists have sometimes sampled recordings without obtaining permission.

• This creates copyright issues because the artist may be using:

  • The original sound recording

  • The underlying musical composition

Key Issue

• The major copyright issue is that sampling can involve taking the actual recorded sound while also incorporating the underlying composition.

COMPOSITION COPYRIGHT VS SOUND RECORDING COPYRIGHT

• A song will have two rights

  • Composition

    • The words, melody, chords

  • Sound recording

    • The sounds that are on that recording

Biz Markie – “Alone Again” Copyright Case

Core Idea

- The case established that unauthorized sampling can violate copyright in both the musical composition and the sound recording.

Key Concepts

• Original song: “Alone Again (Naturally)” by Gilbert O’Sullivan, a UK singer-songwriter.

• Sampled material: Biz Markie used a short section of the song’s piano accompaniment and other recorded instruments, then rapped over it.

• Musical composition: The underlying music, including its melody and musical arrangement.

• Sound recording: The actual recorded performance, including the instruments and sounds captured.

The Copyright Violation

• Biz Markie used both the composition and the original sound recording without permission.

• This created two separate copyright issues:

  • Using the underlying musical composition.

  • Using the original sound recording.

Court Case

• The case was heard by Judge Kevin Duffy.

• Judge Duffy emphasized the biblical phrase “Thou shalt not steal.”

• Biz Markie argued that sampling was standard practice in the music industry.

• However, industry practice did not excuse unauthorized use of copyrighted material.

• Markie/William mentioned that they were influenced by Gaye, yet everyone in popular music has been influenced

• This case was seen as the worst decsion made as it can friegthen creators who are building upon influences

Yesterday

Core Idea

- A song’s musical composition is separate from its sound recording. They have different copyright protections and owners.

Musical Composition

• The composition includes the lyrics, melody, and underlying music.

• Paul McCartney owns the composition of “Yesterday,” even when other artists record their own versions.

• McCartney retains exclusive rights to the composition, regardless of who performs it.

Sound Recording

• A sound recording is the specific recorded performance of a song.

• The Beatles’ version of “Yesterday” included a string quartet, which contributed to the sound recording.

• Another artist, such as Frank Sinatra or Aretha Franklin, could record a different version with different musicians and instrumentation.

• Each new recording is a separate sound recording, but the underlying composition remains the same.

Royalties & Copyright

• McCartney can receive royalties when “Yesterday” is used, such as through:

  • Radio and television

  • Sales of recordings, including MP3s and vinyl

  • Other licensed uses of the composition

• The owners of a particular sound recording may receive different royalties depending on how that recording is used.

• Traditional AM/FM radio vs. internet radio (as described in the notes):

  • Traditional AM/FM radio generally does not pay performers and sound-recording owners a U.S.-style digital performance royalty.

  • Certain digital audio transmissions, including qualifying internet radio, they can get paid under the 6th right

Blurred Lines Copyright Case

Core Idea

- The Blurred Lines case raised controversy over whether copyright law should protect a song’s musical style and feel rather than specific musical expression.

The Case

• Plaintiffs: Marvin Gaye’s estate.

• Defendants: Robin Thicke and Pharrell Williams.

• Gaye’s estate argued that Blurred Lines copied elements of Gaye’s song Got to Give It Up.

• Outcome: Thicke and Williams were found liable for copyright infringement, with an award of approximately $7.3 million at the time.

Main Controversy: Feel vs. Musical Expression

• Critics argued that the songs shared a similar feel, style, tempo, and production atmosphere.

• Similarities included elements associated with Motown-style music, such as:

  • Cowbell and percussion

  • Bass and drum sounds

  • Background party noises

  • A similar tempo and overall vibe

• However, the notes emphasize that the songs did not share directly copied lyrics, a sampled recording, or an obviously identical melody.

What Does Copyright Protect?

• Copyright generally protects original musical expression, not a general style or musical genre.

• Copyright does not protect ideas, general vibes, or styles by themselves.

• The case was criticized because some believed it gave too much protection to musical similarities that were not specific expressions.

Influence vs. Copying

• Thicke and Williams acknowledged being influenced by Marvin Gaye.

• Influence is not automatically copyright infringement. Musicians regularly draw inspiration from earlier artists.

• The controversy concerned whether the similarities went beyond influence and amounted to unlawful copying.

Sheet Music vs. Sound Recording

• Gaye’s composition was registered in 1977 using sheet music.

• The notes highlight a concern that expert evidence relied on the sound recording, even though the registered composition was the relevant material being examined under the legal framework at issue.

• This raised questions about which musical elements the court should have considered.

Main Criticism

• Critics called the decision harmful because it could frighten musicians away from using common musical conventions or drawing inspiration from earlier music.

• It raised concerns about restricting creativity and making musical styles harder to share.

Derivative Rights/Public Display

• Such as lyrics  being on shirts on websites on ETSY

  • All done without acquiring licenses/permission

    • Don't have the rights to the derivatives

  • This infringes the Right of Public Display and Create Derivative works

    • As it deprives creators of their copyright rights