Music Copyright
Different Copyright Types:
- The lyrics and underlying music are included in the musical composition. Typically, songwriters and their publishers own it.
- Sound Recording: This refers to the song’s particular recorded version. The recording artist and their record label typically own it.
2. Copyright Rights Granted:
- Reproduction: The authority to duplicate the work.
- Distribution: The authority to sell or make copies available to the general public.
- Public Performance: The ability to carry out the task in front of an audience.
- Public Display: The ability to show the piece to the general public.
- Derivative Works: The authority to produce new works (such as covers or remixes) that are based on the original.
3. Copyright Duration:
- Music compositions in the UK are protected by copyright for 70 years following the passing of the last surviving author.
- Sound recordings are protected by copyright for 70 years after the end of the year in which they were first released.
Master Audio
1. Definition
- The original recording of a song or performance is called a master recording. Every version and copy is created from this master.
2. Master Recording Ownership:
- Record labels typically own the master recordings, particularly if they provided funding for the recording sessions.
- More artists are, nevertheless, negotiating to either keep ownership of their masters or eventually acquire ownership after a predetermined amount of time.
3. Money Received from Masters:
- The master recording’s owner has authority over its usage and can grant licences for a variety of applications (such as streaming, motion pictures, and advertisements).
- Every time the master recording is bought, streamed, or used for profit, they receive royalties.
Contractual and Ownership
1. Different kinds of music contracts
- Recording Contracts: Arrangements pertaining to the recording and distribution of music between record labels and artists.
- Contracts for publishing: Arrangements that address the use of the musical work.
- Management Contracts: Arrangements for business management and career counselling between artists and their managers.
2. Important Contract Terms to Know:
- Advance: A one-time payment made to the artist by the label that can be recovered from future sales.
- Royalty Rate: The portion of money that an artist receives from music sales, streams, and other uses.
- Recuperation: The procedure by which the label gets back its advance and other costs before giving the artist royalties.
- Whether the artist is only available to the label or publisher for a specific amount of time is known as exclusivity.
3. Signed versus Independent Artists:
- Although they frequently have fewer resources for distribution and promotion, independent musicians maintain greater ownership and control over their work.
- Although signed artists frequently have to give up a sizable amount of their earnings and control, they may also have greater resources and promotional support.
Useful Advice
- Register Your Works: Verify that your recordings and compositions are appropriately registered with the appropriate copyright agencies (such as PRS for Music in the UK).
- Examine contracts carefully: Prior to signing any contract, make sure you have read and comprehended its fine print. Speak with a music lawyer if possible.
- To clearly define ownership percentages of the compositions, use split sheets when working with other musicians.
Michael.Coyle@lawdit.co.uk
Michael is a Solicitor Advocate and is the founder and owner of Lawditmusic.co.uk
