What Journalists Should Know About Music Copyright Law
For any aspiring musician, understanding the fundamentals of music copyright law is as essential as tuning their instrument or mastering their vocal range. In the vast realm of the music industry, safeguarding one's artistic endeavors is paramount. Without a solid grasp of copyright principles, musicians risk falling victim to exploitation and infringement, potentially losing not only their hard-earned recognition but also their livelihoods. Learning the intricacies of music copyright law empowers musicians to assert their rights and protect their intellectual property.
Copyright Protection Begins at the Moment of Creation
According to the U.S. Copyright Office, copyright protection begins the moment music is created, whether through recording, notation, or any other method of tangible expression. So, copyright protection is automatically conferred upon the original work once it is "fixed" in a tangible medium. This fixation can occur when a song is recorded in an audio file or when a musical piece is transcribed into sheet music or a digital format. No additional steps are necessary for the work to be safeguarded by copyright law. As the rightful owner of their music, copyright grants musicians various privileges, including the rights to produce and distribute copies, create derivative works, and, within certain limitations, publicly perform or display their creation.
There Are Two Different Types of Music Copyright
When a song plays on the radio, it's easy to assume the artist owns the sole copyright. However, there are two copyrights involved: one for the musical composition and another for the sound recording. The compositional copyright covers the arrangement of notes, melodies, and chords, held by songwriters and managed by publishers. The master copyright covers the specific recording, held by performing artists and labels. Even if the songwriter and artist are the same, they're treated separately in the industry, complicating matters with cover versions, samples, and external contributors. Music copyright is far from straightforward.
Artists Should Ensure They Are Getting All of Their Royalties
The pathways through which money reaches the musician, as a copyright holder, are diverse. Worldwide administrators, such as performing rights organizations like BMI, ASCAP, SOCAN, GEMA, SACEM, and PRS depending on their location, alongside music distribution companies, record labels, and neighboring rights societies like SoundExchange, CONNECT Music, and PPL, play crucial roles. They gather royalties from various music users like radio stations, online streaming platforms, digital retailers, cinemas, and eateries, ensuring that these earnings are distributed to the rightful copyright owners.
The Copyright Protection Can Last For More Than a Lifetime
For works created after January 1, 1978, copyright typically extends for 70 years beyond the author's life, and if there are multiple authors, it lasts for 70 years from the death of the last living author. However, when musicians produce content for corporations or limited liability companies, it falls under the category of "work for hire." In these cases, the copyright ownership belongs to the employing entity, which can be a corporation or an LLC, and the copyright lasts for 95 years from the first publication or for 120 years from the creation year, whichever comes first. This longer duration reflects the corporate nature of the work and ensures adequate protection for the employing entity's interests. This distinction in copyright duration underscores the complexities within the legal framework governing intellectual property rights, particularly concerning creative endeavors involving multiple stakeholders and entities.
Copyrighting in Journalism
Copywriting and journalism intersect in several ways, particularly regarding the importance of intellectual property protection and understanding legal frameworks. Journalists, akin to musicians safeguarding their compositions, must protect their written work through copyright law to retain ownership and avoid exploitation. Understanding copyright principles empowers journalists to navigate legal complexities and assert their rights. Just as musicians have distinct copyrights, journalists encounter various forms, necessitating comprehension for negotiations. Royalty collection parallels musicians, aiding journalists in compensation for syndicated articles.
Understanding copyright duration is crucial for planning and navigating ownership complexities, including "work for hire" scenarios. Overall, while the contexts may differ, the principles of copyright law and intellectual property protection are essential for both musicians and journalists to navigate their respective industries successfully.
