Copyright in music: the basics

There are a number of different types of copyright which are present in many different kinds of work. These works include but are not limited to: paintings, computer programmes, artistic works, books, plays and music.

Copyright is involved in music in a variety of ways. For instance, a song’s sound recording may contain copyright, as may its lyrics, and the way its musical notes are arranged may also be protected and subject to copyright. The different types of copyright found in music are defined as the following:

A “literary work” is defined under the Copyright, Designs and Patents Act of 1988 as any written, spoken, or musical work that is not a dramatic or musical production.

A “musical work” is a piece of art that is solely composed of music, devoid of any words or actions that are intended to be sung, spoken, or performed in conjunction with the music.

A “sound recording” is defined by the Copyright, Designs and Patents Act of 1988 as a recording of the whole or any part of a literary, dramatic, or musical work, from which sounds reproducing the work or part may be recorded.”

Copyright protection

Unlike some other countries, the owner of the copyrighted works does not need to register the copyright in order to have copyright protection. Generally, the works are protected by copyright upon the works being created, e.g. lyrics for a song once the song is written.

Copyright infringement

Copyright can be infringed in a number of ways; most obviously copying a copyrighted work will amount to infringement. There are more types of infringement, such as making the material publicly accessible or disseminating it. However, these actions won’t constitute an infringement if the copyright owners has granted authorisation or a licence (often in exchange for a price with an agreement in place)

Copyright can be a complex area of law. If you have any questions in relation to copyrights, contact Lawdit Music today

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