Music Copyright: A Comprehensive Guide for Musicians
Copyright is vital in the creative industries, especially for musicians. However, many artists are unclear on the specifics of copyright, who owns it in recorded music, and how it impacts them as creators. In this blog, we’ll dive into the basics of music copyright, copyright infringement, and some real-world examples of copyright issues in the music industry.
Before we begin, it’s important to note that this guide provides a general overview of music copyright. For specific legal advice, or if you’re unsure of your position regarding copyright, we highly recommend consulting with a music lawyer.
Table of Contents
- What is Copyright in Music?
- Understanding Intellectual Property vs. Mechanical Rights
- What is Copyright Infringement in Music?
- Examples of Music Copyright Issues
- #1: The Verve’s ‘Bittersweet Symphony’
- #2: Madonna’s ‘Sanctuary’
- #3: Napster and the Rise of Streaming
- Is Copyright on Everything?
- Final Thoughts
- FAQs
1. What is Copyright in Music?
Simply put, owning the copyright to a piece of music gives you the exclusive right to reproduce, distribute, and license the work. This means that as the copyright owner, you can control how your music is used, reproduced, or shared, and earn royalties in the process. Essentially, copyright in music refers to both the creation of the song (lyrics, melody, etc.) and the specific recording of that song.
2. Understanding Intellectual Property vs. Mechanical Rights
There are two key aspects of copyright in music:
Intellectual Property (IP): This refers to the song itself—the composition, lyrics, and melody. As the songwriter or composer, you own the rights to the intellectual property of the music.
Mechanical Rights: Also known as the "masters," this refers to the specific sound recording of the song. If you sign with a record label, they may own the mechanical rights to the recording, meaning they can distribute and license that particular version of your song.
For example, if you write and record a song called "Brand New Song," you, as the songwriter, retain the intellectual property rights. However, if you sign with a label, they may own the mechanical rights to the actual recording of "Brand New Song."
If someone decides to cover your song, they’ll owe you royalties as the intellectual property owner. However, the record label that owns the mechanical rights to the original recording won’t earn anything from the new version unless they make a separate deal with the covering artist.
3. What is Copyright Infringement in Music?
Copyright infringement occurs when someone uses a piece of music without permission from the copyright owner. Common examples include:
- Ripping CDs and distributing copies
- Uploading music to a website for free downloading without permission
- Using an unauthorized sample in a song without licensing it
A modern-day example of copyright infringement can be seen when social media platforms like YouTube, TikTok, or Instagram mute or remove videos that use copyrighted music without permission. Social media platforms often have agreements with copyright holders to allow pre-licensed music for users to embed in their videos.
Copyright infringement laws are complex, but the general rule is that you need either to own the copyright or have permission (a license) from the owner to use music in your content.
4. Examples of Music Copyright Issues
Let’s explore some well-known examples of copyright issues in music:
#1 – ‘Bittersweet Symphony’ – The Verve
The Verve’s Bittersweet Symphony famously sampled an orchestral arrangement of The Rolling Stones' The Last Time. However, The Stones’ management claimed The Verve had used more of the sample than agreed, resulting in a lawsuit. The Verve had to hand over the song’s intellectual property rights, including the lyrics, despite being written by Richard Ashcroft. In 2019, the rights were finally returned to Ashcroft.
#2 – ‘Sanctuary’ – Madonna
Madonna’s Sanctuary sampled a riff from Herbie Hancock’s Watermelon Man, itself based on a traditional African musical technique. The controversy here arises from cultural appropriation, as the original Ba-Benzélé Pygmies, who invented the technique, received no credit, while Herbie Hancock was listed as the composer.
#3 – Napster and the Rise of Streaming
Napster, a file-sharing website founded in 1999, allowed users to share MP3 files of copyrighted music without permission. In 2000, Napster lost a major lawsuit led by Metallica and was forced to shut down. However, this event marked the beginning of the transition from physical music formats to digital, eventually leading to platforms like iTunes and Spotify.
Streaming now dominates music consumption, but the business model is complicated. For instance, Spotify calculates its revenue, subtracts costs, and then distributes the remainder to copyright holders based on streaming percentages. This benefits major labels but has sparked debates about fairness, especially for smaller artists whose revenue diminishes as more music is added to streaming platforms.
5. Is Copyright on Everything?
Copyright is not unlimited. In most countries, copyright lasts for 70 years after the creator’s death. Once copyright expires, the work enters the public domain, meaning it can be used freely without permission. A famous example is the song Happy Birthday, which entered the public domain after being copyrighted for decades by Warner Chappell Music.
Some creators choose to release their works immediately into the public domain, allowing others to use them without needing permission or paying royalties. In music, this might mean creating royalty-free samples that others can use without fear of legal repercussions.
6. Final Thoughts
Music copyright is essential for protecting the rights of creators, ensuring they receive compensation for their work. As the music industry evolves, so do copyright laws, especially with the rise of streaming services. It’s important to understand both the intellectual property and mechanical rights associated with your music and to seek legal advice if you’re unsure about your rights.
7. FAQs
Q1: What does owning the copyright in music mean?
A1: Owning the copyright gives you the exclusive right to reproduce, distribute, and license your music.
Q2: What’s the difference between intellectual property and mechanical rights?
A2: Intellectual property refers to the song itself, while mechanical rights refer to the recording of that song.
Q3: How long does copyright last?
A3: In most countries, copyright lasts for 70 years after the creator’s death.
Q4: What is copyright infringement?
A4: Copyright infringement occurs when someone uses copyrighted material without permission from the copyright owner.
Q5: How do streaming platforms like Spotify handle copyright?
A5: Spotify pays royalties to copyright holders based on the percentage of total streams their music represents.
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