Wondering how you can ensure your music is protected? In this article, we cover seven things musicians should consider when it comes to copyrighting their music.
With the advent of new technologies and music streaming services, such as Spotify, it is increasingly important to ensure, as a musician, that your music is protected. To do this, you must know all there is to know about music copyright.
Music copyright is comprised of two different rights. This includes the right to the song and the right to the recording, also known as the publishing right and the recording right. Music copyright is part of a wider branch of copyright in the UK, which protects your work and stops others from using it without permission.
In the UK, once a song is written down or recorded, you automatically receive copyright protection. Whilst this sounds like a pretty straight forward process, musicians can face plenty of challenges when it comes to protecting their music. If a problem does arise, a music lawyer can help with copyright disputes, licensing agreements, or even just to seek advice before signing up to a record label.
Below, we take a look at some tips every musician should know before copyrighting their music…
1. You Don’t Have to Apply
As we previously mentioned, copyright exists to protect works “in a tangible form.” So as soon as a song is either written down or recorded, it is protected by a publishing right.
When you record the song, this creates more copyright, and you receive recording rights. Unlike America, there is no copyright office to register to in the UK or a fee to pay. It is instead, a completely automatic process.
2. Evidence and Ownership
Despite the process of music copyright being automatic, it is recommended you create evidence of your copyright ownership. You can do this in a few different ways:
- Mailing yourself a physical copy of the work by recorded delivery.
- Emailing yourself or saving the work electronically.
Both will provide a time stamped copy of your work. However, the first option may offer stronger evidence because it will have your name attached on the address.
3. Join a Collection Society
Now you have your copyright, you will need to join a collection society to start earning royalties. Songwriters and producers will earn royalties every time their music is performed in public. This can either be through a recording broadcasted on TV or radio, streamed and downloaded on Spotify or iTunes, or a live performance at a concert or club.
After this, the royalties are collected by performing rights organisations and are then distributed amongst the songwriters and producers. Peforrming Rights Society, is the main collection society for songwriters in the UK.
The Mechanical Copyright Protection Society (MCPS) also pays writers and producers royalties, but these royalties are from mechanical licences. This includes things such as CDs and DVDs copied as physical products, as well as some broadcasted music.
4. You Have Rights
In the UK, copyright for songs is mainly covered by the Copyright, Designs and Patents Act 1988. It establishes protection for the songwriter as well as exclusive rights to copy their work and rent or sell copies of this to the general public.
In addition to this, the Berne Convention and the Universal Copyright Convention ensures that your song is largely protected in almost every other country in the world.
5. Your Copyright Protection Will Outlive You
In the UK, master recording rights are valid for 50 years after creation. However, when your music is released, it ends 70 years after the creator’s death.
In some cases, several musicians are responsible for a song’s creation. Therefore, copyright protection ends 70 years after the last person of the group dies. Many classic albums, such as The Beatles’ “Sgt. Pepper” and Pink Floyd’s “Animals”, have been remastered and released again. They are considered a new recording and, moreover, will receive another 70 years after the remastered version is released.
After the 70 years, the copyright protection expires, and the songs go into the public domain. The rights listed above are no longer valid and so anyone can do what they want with the songs.
6. You Can Buy or Sell Copyright Protection
Just like other things you own, copyright can be bought, rented, or sold. Although it is not required, copyright transfers can be complicated and, if unprotected, you may not get what you want out of this transfer. It is therefore recommended to have a contract to protect your interests and for the transition to run smoothly.
7. You Don’t Have to be Famous
You don’t have to be well-known or have 1000’s of Spotify followers and streams to get your music protected by copyright law. Anyone can do it!
That being said, it is important to follow advice on music copyrighting as, with the emergence of new technologies and the increasing popularity of streaming services, musicians are facing more and more challenges.
Ready to Get Your Music Copyrighted?
As you can see, copyright is available for anyone and everyone, and isn’t something that needs to be applied for. Simply ensure you have proof of being the first at producing something, and you’re all set.
Of course, as with anything, it’s important to speak to professional if you’re concerned about protecting your music. Get in touch with someone in the business, or a specialist lawyer, if you need some advice.
Please be advised that this article is for general informational purposes only and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a lawyer/solicitor if you’re seeking advice on copyright and music law. We are not liable for risks or issues associated with using or acting upon the information on this site.