Copyright for Musicians and Composers

How Copyrights for Music and Sounds Work

The moment you create a piece of music—whether it’s a catchy melody, heartfelt lyrics, or a polished recording—it’s automatically protected by copyright. But did you know that music copyrights operate differently from most other types of intellectual property? 

Music has a unique dual copyright structure, covering both the composition and the recording. Whether you’re a musician, content creator, or business owner with a catchy marketing tune, understanding these nuances is critical to protecting your sound creations. 

The copyright attorneys at Emerson Thomson Bennett can help you through the fascinating world of music and sound copyrights. 

The Basics of Copyrights in Music

To grasp how music copyrights work under copyright law, it’s important to break them down into two distinct categories. Unlike a photograph or a written article, music involves layered intellectual property rights that protect different aspects of a single creation.

1. Song Copyright

The song copyright refers to the written composition of music—the melody, harmony, chords, and lyrics. These are also referred to as publishing or composition rights. The copyright for the song typically belongs to the songwriter or composer, or whoever owns the publishing rights. 

For example, if you write a song with the melody “La La La” and lyrics about sunny days, you automatically hold the copyright to those elements. This protects your creative expression and prevents others from replicating or distributing the underlying music or lyrics without permission. 

2. Sound Recording Copyright

The sound recording copyright protects the physical or digital recording of a song. This includes the instrumentation, vocal recording, audio mixing, and overall production. 

Importantly, this copyright is usually held by the party responsible for funding the recording. This could be a record label, a solo artist, or another stakeholder. 

For example, if a record label finances professional musicians to record your song “La La La,” the song copyright remains yours as the composer, but the label likely owns the sound recording copyright. 

Key Differences Between Song and Sound Recording Copyrights

Now that we understand the two types of music copyrights, let’s explore the differences in greater detail. 

1. Purpose of Protection: Song copyright guards the creative composition, ensuring the melody, harmony, and lyrics remain protected. Sound recording copyright protects the final recorded version, including production elements like mixing and mastering. 
2. Ownership: Song copyrights are typically owned by the songwriter, composer, or publisher. Sound recording copyrights are usually owned by the producer or entity funding the recording. 

Consider Whitney Houston’s famous rendition of “I Will Always Love You.” The song copyright belongs to Dolly Parton, the original composer, while the sound recording copyright belongs to the producers who funded and recorded Whitney Houston’s version. 

Copyright Essentials for Content Creators and Musicians

When working with music and sound, it’s vital to understand what can and cannot be copyrighted and how to avoid potential legal pitfalls. 

What Cannot Be Copyrighted?

• Generic Sounds: Basic sounds like clapping, bird chirps, or door creaks are not considered copyrightable because they lack creative expression. 

• Public Domain Sounds: Music and sounds that no longer hold copyright protection, either due to expired copyrights or public domain status, are free to use without restrictions. 

While a basic chord progression might not qualify for copyright protection, an original arrangement of those chords in a melodic composition is protected. Similarly, even if a composition is in the public domain, a modern recording of it is still subject to sound recording copyright. 

Navigating Copyright as a Content Creator or Business Owner

Now that you’re clear on the basics and differences, one question remains: How can you legally use music and sounds in your content or business? 

1. Always Obtain Proper Licensing

Music licensing allows you to legally use copyrighted music or sounds for specific purposes. Whether you’re producing a YouTube video, a podcast, or a TV ad, you can obtain rights for limited or unlimited use. 

Licensing options include synchronization licenses for pairing music with video and master-use licenses for sound recording. 

2. Explore Royalty-Free Libraries

Royalty-free music libraries like Epidemic Sound, Artlist, and PremiumBeat are excellent resources for content creators. They provide licensed music that can be reused without paying ongoing royalties. 

3. Commission Original Work

If you want complete freedom, hire musicians to create custom tracks for your project. This ensures you own the composition or can negotiate shared ownership with the creators. 

4. Leverage Fair Use Carefully

Fair use allows limited use of copyrighted material for purposes like criticism, education, or parody. However, it’s a narrow exception, and its application varies by jurisdiction—consult the attorneys at ETB Law before relying on it. 

The Impact of Technology on Music and Sound Copyrights

Technology has revolutionized music creation and sharing but has also introduced complexities into the copyright landscape. 

1. Digital Distribution

The rise of platforms like Spotify, Apple Music, and YouTube has made music more accessible but has also blurred boundaries on ownership and royalties. 

2. AI and Sampling

From DJ tracks to AI-generated compositions, technology challenges the boundaries of copyright. High-profile cases involving unlicensed sampling highlight the risk of borrowing music creatively. 

3. Enforcement Tools

Tools like YouTube’s Content ID help protect copyright holders by automatically detecting unauthorized use of their work. These tools are becoming crucial as user-generated content proliferates. 

Protecting Creativity in the Digital Age

The world of music and sound copyrights can feel overwhelming, but understanding these essentials is crucial for safeguarding your creative work—or for respecting the rights of other creators. 

By keeping the following best practices in mind, you’ll be better equipped to manage and respect intellectual property rights in the digital age:

• Learn the difference between song and sound recording copyrights. 
• Always secure proper music licenses before using others’ work. 
• Use resources like royalty-free libraries for safe and hassle-free content creation. 

Music copyright and licensing are not just about compliance—they help foster respect for creative expression and sustain the music industry in today’s fast-paced landscape. If you need help to file and maintain copyrights for your music, sound effects, and marketing materials, the attorneys at Emerson Thomson Bennett can help. Contact us to schedule a free consultation.