Copyright is a bundle of rights that are given to creators of original expression, largely exclusive rights to control certain uses in that expression.
Principally, if the artist is the creator, the artists' principle way of getting money for the use of the artist’s creative expression is through copyright. Because through copyright, none else can make copies of, or publicly perform, broadcast, or publicly distribute copies of the music without the composer’s permission.
Copyright as I said, is a set of exclusive rights in original works, although there are six exclusive rights but there are some various exceptions and limitations on those exclusive rights. But principally exclusive rights are firstly the rights to reproduce copies of the work, and reproducing a copy would be in any manner or form so it would either be in paper, or making up a sound recording of a musical composition, as the making of a copy of that musical composition, and includes the rights to make derivatives works of an original work which would include the right to modify the work, remix the work, and includes the right of public performance, and public performance includes both live performance and also transmissions over the internet and broadcasting. It includes the right of public display which probably is more relevant to graphic works and maybe in some cases literary works, than actual works of music. And it includes the right to distribute copies to the public which is a separate independent right from the right to reproduce copies of the work.
First let me say that as a condition to adjoin copyright, the composition has got to be fixed in a tangible means of expression, medium of expression.
So if you think of a song in your head, and you sing it, you perform in the a studio or even live on stage, unless you’ve actually recorded it or written it down, it can be written down in sheet music, or it has to have been recorded, fixed in some tangible means of expression, it’s not yet protected, and anybody can copy it at that point, at least as the composer. So, in any event, I would say all of those rights could be important for musicians, the rights to reproduce copies; means that once your work is fixed, no one else can reproduce copies of your work. The right of public distribution means that no one can distribute copies of your work to the public. And public distribution has been defined also as allowing others to download copies of your work off a computer, that’s of course you define that as a public distribution. No one can broadcast your song over the radio or perform you’re song live without permission.
Now in practice, maybe this is getting ahead of it, but in practice, most musicians have licensed or signed at least part of those rights to other parties, maybe to a record label, ASCAP and BMI usually manage the public performance rights for most music. So when a radio station, for example plays your music on the air, they generally do so under a license with ASCAP or BMI which gives them the right to publicly perform your song and they pay a certain percentage of their gross to ASCAP and BMI, and ASCAP and BMI divvy it up to their various members in accordance with sort of formula they keep pretty much a secret. Generally the music publisher governs the right to distribute copies of your work. And distributing and making copies, its' called a mechanical, mechanical rights, mechanical rights is making copies of your work. And the music publisher will often go out and try to find people that are interested in recording your song, and that may involve recording artist, it also may involve record labels. So the music publisher administers typically your mechanical, mechanical rights.
Now there is, then the record label, if you are also a recording artist and you want to record your song with a label, very often the labels also have music publishers that are affiliates, and sometimes if you don't already have a music publisher, the labels music publisher will then administer your mechanical rights. An then there's also a performing rights society, which includes principally ASCAP and BMI, and they administer the public performance rights, which includes both, as a I mentioned earlier, rights to play your song over the radio, as well as live performances, and also the rights to play your song over the radio in retail establishments, bars, and restaurants.
This article is not intended to, and does not constitute, legal advice with respect to your particular situation and fact pattern. Do secure counsel promptly, if you see any legal issue looming on the horizon which may affect your career or your rights. What applies in one context, may not apply to the next one. Make sure that you seek individualized legal advice as to any important matter pertaining to your career or your rights generally.
Neil W. Netanel is Professor of Law at the UCLA School of Law in Los Angeles, CA. He specializes in Intellectual Property Law and Copyright Law.
See Video:
http://www.artistshousemusic.org/videos/neil+netanel+on+understanding+copyrights
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