Musicians, especially those new to the industry, are prone to get scammed or unable to protect their music properly. Your music should be the most important thing to you, so it’s more than important to know the basics of copyright law. This way, you can legally protect your music and ensure you get your due share of the profits from any licensing deals. That’s why today, we’re going to share things every musician needs to know about copyright and give you a glimpse of the case law, so you can begin to understand how copyright works.
Two Types of Work That Are Protected by the Law
Copyright in the United States is a form of legal protection given to original works of authorship. It covers both published and unpublished material, including music, lyrics, choreography, artworks, writings, and recordings. In the music industry, copyright law can be divided into two categories:
Sound Recording
This refers to the actual recording (master) of the song. It does not include the song itself, which is actually protected by separate copyright – one for the sound recordings and another for the underlying composition. A musician or producer owns all rights to their sound recording and can license it out to labels and other entities who might wish to use it.
Musical Composition
This includes the song, typically referred to as the “underlying composition.” It consists of the melody and lyrics and is usually co-written by a composer and lyricist who share ownership over that particular work. The rights for this are divided among everyone involved in its creation, including musicians and producers, who will all receive a share of any profits generated from the song.
Understanding Copyright Infringement
Copyright infringement occurs when someone uses your work without authorization or permission or when they modify it in an unauthorized way. This could include using samples of your work in their own music, making copies of your recordings and distributing them without permission, or even performing one of your songs without paying the necessary royalties. It’s a good idea to note that copyright infringement can lead to serious legal consequences, including financial penalties and even jail time in some cases. Therefore, it’s crucial for musicians to be aware of their rights and make sure they get the proper permissions before using another person’s work.
How to Register Your Music
The best way to protect your music is by registering it with the U.S. Copyright Office. This will give you the legal right to bring a lawsuit against anyone who infringes on your work and allow you to collect damages should they be found guilty of infringement. Registration is also important if you ever decide to license out or sell your music, as it will give you a legal record of ownership. Just keep in mind that you’ll need to register each song you create separately, and it should be done as soon as possible to protect your rights.
The Music Modernization Act (MMA)
The next thing that you can’t miss as a musician is the Music Modernization Act (MMA). This act was passed in 2018 and aimed at modernizing the music industry. It includes provisions such as establishing blanket licenses for digital streaming services, creating a new system of royalty collection for songwriters and producers, and protecting against copyright infringement. The MMA also established a new organization (the Mechanical Licensing Collective) tasked with collecting royalties from streaming services and distributing them to songwriters and publishers.
So what’s the bottom line? As a musician, understanding your rights is a must to protect yourself from potential infringement. It’s also a must for you to register your songs with the U.S. Copyright Office and keep up-to-date on the Music Modernization Act so you can ensure your music is properly protected. By implementing these practices and staying informed, you can enjoy the benefits of owning your own music.