Works protected by copyright include song lyrics and music. Music might be a composition for an orchestra, rap music or music for a traditional instrument like a yidaki or didgeridu. Other subject matter protected by copyright includes sound recordings. It might be a sound recording of a live performance or one made in a recording studio. Copyright only protects music and lyrics which if they have been written down or recorded somehow. It does not protect ideas or styles. For example, it does not protect particular ways of making music such as using clapping sticks.
Copyright does not prevent another band from copying your 'sound' as long as they do not copy your music or lyrics. If someone wants to perform your songs or record them, they are using your copyright and need your permission. You can give them a licence to perform or record your music.
If you register your songs with APRA, it will help collect royalties from people who play your music. Copyright doesn't usually protect traditional Indigenous music or lyrics. For example, copyright would not protect a song which had been passed down through many generations of a particular language group.
Who owns copyright? Copyright generally belongs to the person who composed the music or came up with the lyrics. Sometimes two or more people can own copyright together. For example three band members might all have collaborated to write a song. A different person might write the lyrics.
If you write music or lyrics as part of your job, your employer e. This means they can perform and record it and earn royalties from it without your permission. If you do not want your employer to own copyright, you have to meet with them before you start creating. Together you can agree that you should own copyright or how it can be shared with your employer. Usually, the person who makes the sound recording the person who operates the recording equipment and the performers will own the copyright in the sound recording together.
That means that different people can own the copyright in the song and in the sound recording. If you pay someone to make a sound recording or pay musicians to perform for the purpose of making a sound recording then they will not own any copyright in the sound recording. The person paying will be the copyright owner. For example, if you perform your own music and pay a studio to record it, you own the copyright in the sound recording.
If the studio offers to record the song for free, it will own the copyright unless you have made an agreement with them in writing that the copyright is yours. Musician You should put this on your work - on your sheet music, on the CD cover and any webpage where your music can be downloaded or listened to. Dealing with copyright and proof of ownership Always keep a record of your work to show that you made it. A musician can only sell or give away their copyright in a written document which they sign.
If you want the copyright in a sound recording of your work made by someone else, and you didn't pay them to make the recording, you need to get them to sign a written document giving you the copyright.
On the other hand, it is very easy for a copyright owner to give permission to someone else to use their copyright. Anyone who wants to use those lyrics, or even simply republish the lyrics online, would need to get permission from the owners via a license agreement, which Jacobson says is most used for reprinting lyrics on greeting cards, T-shirts, books, etc.
This practice should be followed on the internet as well, in the sense that anyone who reposts or republishes the lyrics should be getting a license from the copyright owners beforehand. That can range from lyric hosting sites like AZlyrics, lyrics. Wait, even those lyrics under YouTube videos that I use when I want to sing along to my favorite songs are illegal?
Yes, even those helpful netizens transcribing lyrics in the comments out of the goodness of their hearts, out of love for their favorite artists, should be getting licenses. What about fair use? It essentially states that their use of copyright material is okay because it is using the work for educational purposes or because the original work has been transformed in some way.
Often it's up to the principles of the songwriters and owners. Universal Music Corp. But don't panic, yet! At the end of the day, copyright law is severely outdated. The Digital Millennium Copyright Act — an amendment to the Copyright Law most publishers have been using to take down copyright infringements — was signed by Bill Clinton in , when the internet was far less of a force than it is today.
More recently, the Music Modernization Act passed in October in an attempt to enforce royalty rates and payments in the age of streaming, but there is still a huge gap when it comes to addressing the new ways in which music listeners interact with and share songs and lyrics currently. Add in the lack of resources and technology available to actually go after all cases of infringements in terms of lyric republishing, and it means that songwriters and publishers will always be one step behind from being fully compensated for their work.
Which sucks.
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