Intellectual Property Rights

Rights allowed via Copyright

• Reproduce copies

• Prepare derivative works

• Distribute copies to the public by sale or other transfer of ownership or by rental, lease, or lending.

• Perform the work publicly

• Display the work publicly

• Perform the work publicly by means of a digital audio transmission if the work is a sound recording.

Sound & Copyright

When you record a song - creating two works that can be protected by copyright law: a “musical work” and a “sound recording”. — Musical Worksare commonly owned and licensed separately.

Musical Works

a song’s underlying composition created by a songwriter or composer along with any accompanying lyrics — When registering this type of Copyright, every songwriter involved in creating music or lyrics is to be listed by their full legal name, unless the work in question was a “work made for hire” in which case, they would use the legal entity name in question.

Sound Recordings

a series of musical, spoken, or other sounds fixed in a recording medium — not limited to recordings of musical works; they can also be lectures, podcasts, or other audio recordings —

Sampling

the incorporation of a sound recording into another work.

Interpolation

the incorporation of a musical work into another work.

Performing Rights Organization

responsible for collecting income on behalf of songwriters and music publishers when a song is publicly broadcast or performed. ASCAP, BMI, SESAC

Music Distributors

offer services to help musicians get their music onto various streaming platforms and online stores. They are often the only way to get music onto the platform without the help of a major label.

Mechanical License

a compulsory license that grants permission to (re)-release a copyrighted musical work in an audio-only format, for a set fee and without seeking permission from the copyright owner. jan 2024 - 12.4 cents per unit.

Blanket License

allows music platforms to perform any and all existing works as much or as little as they like — pay an annual fee for the license, saving the paperwork and expense of finding and negotiating licenses with all of the copyright owners of the works — helps prevent inadvertently infringing on copyrights.

Synchronization License

an agreement between a music user and the owner of a copyrighted musical work that grants permission to release the work in a video format (YouTube, DVDs, Video Games, etc).

Fair Use

a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances such as for criticism, comment, news reporting, teaching, scholarship, and research

Four factors used to evaluate questions of fair use

1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes

2. Nature of the copyrighted work (the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression)

3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. Effect of the use upon the potential market for or value of the copyrighted work

Copyright Expiration

• For works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years

• For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first

• For works first published prior to 1978, the term will vary depending on several factors