Music Publishing and Copyright Issues
Music Publishing and Copyright Issues
Understanding Music Publishing
- Music publishing refers to the business of protecting and promoting a songwriter’s songs and collecting money for the usage of those songs.
- A music publisher helps songwriters get their songs placed in films, television shows, commercials, video games, and other media.
- Publishers can help songwriters get recording artists to perform and record their songs, exposing the songs to a larger audience.
- In the realm of music publishing, copyright is the most essential aspect, as it grants legal ownership and control over a song or piece of music.
The Role of Copyright
- Copyright is a law that grants authors and artists the exclusive right to reproduce, distribute, perform, display, or license their work.
- Immediately after a piece of work is created and fixed in a tangible medium (like a recording), it is copyrighted.
- Copyrighted music can’t be used without permission from the copyright holder, usually the songwriter or their publisher.
- Licenses must be granted to use copyrighted music, these may come with a fee known as royalties, which are then paid to the copyright holder.
Different Rights under Copyright
- Mechanical rights give the right to reproduce and distribute a song on media, including but not limited to records, tapes, and CDs. This right is often licensed to record labels.
- Performance rights grant the right to perform a song publicly – for instance, in a live concert, background music in a restaurant, or broadcast on TV or radio.
- Synchronization rights give permission to use a song in synchronisation with visual media like movies, TV shows, commercials, video games.
- Print rights control the publishing of music in printed form, such as sheet music, and are often given to sheet music publishers.
Ensuring the Protection of Rights
- Copyright infringements where the rights of the copyright owner are violated can lead to legal disputes.
- Informing yourself and taking appropriate steps to protect your music can help prevent copyright infringement, loss of earnings and potential lawsuits.
- Licensing agreements are particularly important as they serve as proof of granted permission by the copyright holder to use, reproduce or distribute music.
- Assigning your copyright to a trusted and professional music publisher can ensure the effective administration and protection of your copyrights.
Key Terms
- Music Publishing: The business side of music that deals with copyright protection, the promotion of songs and collection of respective royalties.
- Music Publisher: An individual or company that takes responsibility for ensuring songwriters receive payment when their compositions are used.
- Copyright: The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work).
- Licenses: Legal permissions to do something with work that is under copyright, granted by the copyright holder.
- Royalties: Recurring payments made by one party (the licensee) to another (the licensor/copyright owner) for the right to use their copyrighted work.
- Mechanical Rights: The right to reproduce a piece of music onto CDs, DVDs, records or tapes.
- Performance Rights: The right to perform music in public places.
- Synchronization Rights: The rights to synchronize music with some kind of visual output.
- Print Rights: Rights regarding the distribution of music in printed format usually through sheet music.
- Licensing Agreement: A legal contract between two parties, in which the copyright holder grants the right to use or distribute the copyrighted work.