How is Copyrighting Music Different From Other Written Works?

When it comes to protecting creative works, copyright law is one of the most powerful tools available. While copyright generally safeguards written works, visual art, and music, the music rules are uniquely complex. Unlike books, articles, or other written works, music encompasses two distinct layers of protection, each serving a vital purpose for creators.

Understanding these unique aspects of music copyright is essential for musicians, businesses, and enthusiasts alike. The copyright attorneys at Emerson Thomson Bennett will make sure you have a clear understanding of what makes music copyright special, why it’s more complex than other forms of copyright, and how to address key legal challenges around licensing and protection.

Differences Compared to Other Written Works

To appreciate the intricacies of music copyright, it helps to compare it to the copyright rules for other written works like books, essays, and articles.

Single-Layer Protection

Copyright for written works is generally straightforward. It protects the words, structure, and originality of a piece. Whether it’s a novel, a blog post, or a screenplay, copyright applies once the work is fixed in a tangible medium. The protection is singular and doesn’t extend to the way it’s read, performed, or consumed.

Complexity of Music Copyright

With music, the dual-layer system adds an extra layer of complexity:

1. Multiple Stakeholders: For music, there can be different people or organizations owning the musical work and the sound recording. For written works, the author is usually the sole copyright holder.
2. Licensing Requirements: Using music often requires multiple licenses because of its layered copyrights. For example, movies or ads may need a synchronization license (for the composition) and a master use license (for the recording).

An additional nuance is that sound recording copyrights have limited public performance rights. For example, radio stations only need to pay royalties for the use of the composition, not the sound recording. This stands in contrast to the broader rights given to written works or the musical work copyright, where public performances require permission in nearly all cases.

Licensing Considerations for Businesses

Using copyrighted music within a business context introduces critical legal and financial obligations. Here’s what businesses need to know:

Public Performance Licenses

Under U.S. copyright law, playing music in a public space, such as a restaurant, retail store, or gym, is a public performance. For this, permission (through licensing) must be obtained from the copyright holders.

Common Licensing Scenarios

Businesses might require licenses for:

• Background music in public spaces.
• Live performances, even if a cover band plays well-known hits.
• Advertisements or branded content featuring music.
• On-hold music for telephone systems.
• Training videos or lobby presentations that incorporate music.

Performing Rights Organizations (PROs)

Organizations like ASCAP, BMI, and SESAC simplify the licensing process for businesses by representing music creators and granting blanket licenses for multiple works. Failing to obtain these licenses can result in costly fines ranging from $750 to $150,000 per infringement.

Alternatives to Licensed Music

To avoid potential penalties, businesses can:

• Use public domain music.
• Purchase royalty-free music with a one-time license fee.
• Commission original music tailored to their branding.
• Use streaming services designed for commercial use (e.g., SiriusXM for Business).

The Role of a Copyright Attorney

When it comes to navigating the legal landscape of music copyright, partnering with a copyright attorney can be invaluable. A copyright attorney can:

• Help you determine which type of copyright registration best applies to your work.
• Guide licensing and royalty payments.
• Enforce your rights, ensuring others don’t exploit your copyrighted music.

Legal Help for Complex Cases

Music copyright disputes are often nuanced. For example, cases involving sampling, remixing, or unauthorized use require robust legal strategies. Attorneys like those at Emerson Thomson Bennett are equipped to handle such complexities and protect your interests.

Music copyright is more nuanced than most other forms of copyright, thanks to its dual-system structure. Whether you’re creating music, licensing it for commercial use, or simply trying to ensure proper protection of your intellectual property, understanding these complexities is critical.

Businesses and creators alike must ensure compliance with copyright laws, as the penalties for infringement are far from trivial. If you’re uncertain about your needs or obligations, working with a trusted copyright attorney can save you time, money, and potential legal headaches. Contact us today to schedule a consultation.