Copyright is the foundation of the music business. Every royalty, licence and contract depends on it. Understanding copyright protects your work and helps you avoid infringing others'.
This chapter describes UK and US principles in general terms and is not legal advice.
What copyright is
Copyright is a legal right that gives the creator of an original work exclusive control over how it is copied, distributed, performed, adapted and made available. Others need permission - a licence - to do those things.
Two copyrights in every recording
- The musical work - the song itself: melody, lyrics and, in some cases, other musical elements. Owned by the songwriters (and their publishers).
- The sound recording - the specific recording of a performance. Owned by whoever made or paid for the recording - often a label, or the artist if self-released.
What can be protected
- Melodies, lyrics and musical arrangements that are original and fixed in some form - written down or recorded.
- Sound recordings.
What cannot
- Ideas, titles and short phrases - generally not protected.
- Chord progressions - common progressions belong to everyone.
- Genres, styles and grooves - you cannot own a style. (Though courts have sometimes found infringement where a song copied a combination of elements from another; the "Blurred Lines" case in the US is the most famous and controversial example.)
When copyright begins
In the UK, US and most countries, copyright exists automatically as soon as an original work is fixed - recorded or written down. No registration is required for protection.
How long it lasts
- Songs - generally the life of the last surviving writer plus 70 years, in the UK, the US and the EU.
- Sound recordings - in the UK, generally 70 years from release. In the US, terms depend on when the recording was made; for most recent works it is tied to the life of the author plus 70 years, or 95 years from publication for works made for hire.
Ownership and co-writing
- If you write a song alone, you own it - unless you have signed it to someone, for example in a publishing deal.
- If several people write together, they are usually co-owners. Agree the splits - each writer's share - in writing, ideally on the day.
- Work for hire - in some situations, such as employment or certain commissioned works, the employer or commissioner owns the copyright. Read contracts carefully.
Registration and evidence
Although copyright is automatic, evidence matters:
- Keep dated project files, drafts and demos.
- In the US, registering with the US Copyright Office is required before suing for infringement of a US work, and early registration makes statutory damages and legal fees available.
- In the UK there is no official registry; evidence of creation and dates is what counts.
- PRO registrations are not copyright registration, but they do document who wrote what.
Infringement
Copyright is infringed when someone uses a substantial part of a protected work without permission. Infringement claims usually turn on whether:
- The defendant had access to the original.
- The new work is substantially similar - in a way that copies protected expression, not just common ideas.
High-profile cases have gone both ways. The safest practice: write original melodies and lyrics, clear samples, and keep records of your process.
Fair use and fair dealing
The US has a broad fair use doctrine; the UK has narrower fair dealing exceptions (for criticism, review, quotation, parody and education, among others). Neither is a reliable basis for using music in commercial releases. "I only used a few seconds" is not a legal defence.
Do this now
- Organise your project folders so every song has dated drafts and final files.
- Write split sheets for any songs you have co-written.
- Find out the copyright registration options in your country.