Music copyright is insanely complicated.  Here are a few basics to know.

For musicians, the police force can exist very intimidating, and it is not helpful when the law that relates to your craft happens to exist one of the most complex areas of the law.  However, it is important to accept a basic grasp of the relevant laws so that you lot can best understand how to protect your art.

While the law relating to music is vast and complicated, here are five of the virtually important points every artist should understand.

i. What copyright law helps to protect

The area of law that near impacts music is copyright.  While most musicians accept surely heard the term copyright before, what is it exactly?

Copyright protects various forms of creative  expression that are fixed in a tangible form. However, when it comes to music there are two types of artistic works that are most ofttimes involved: musical works and sound recordings (17 U.South. C. §102).

Musical works refer to the underlying song itself.  So, for example, a musical work is what you would see on sheet music. This includes both the music and the lyrics.

Sound recordings, on the other hand, refer to the specific recording of a musical work. So, if yous were to write a vocal, you would own the copyright in that musical piece of work, and if you were to tape a version of that song, you would own a 2d copyright in that sound recording as well.

2. How long your copyright lasts

For purposes of this commodity, we are going to presume that your work was created on or later on January 1, 1978, which is when the electric current Copyright Act went into effect.  Assuming that, copyright protection lasts for the life of the author plus an additional seventy years (17 U.S. C. §302).

If you created the work with boosted authors, such equally a song writing partner, the copyright lasts 70 years after the death of the last surviving author (17 U.S. C. §302).  Once the copyright term ends, the work enters the public domain and anyone is free to apply it.

3. What rights you have in one case you own a copyright in your work

As the owner of a copyright, you are granted certain exclusive rights. These include the right to reproduce the copyrighted work, to prepare derivative works based upon the copyrighted piece of work, to distribute copies of the copyrighted work to the public, to perform the copyrighted work publicly (note that this does not apply to audio recordings), to display the copyrighted work publicly, and in the instance of audio recordings, to perform the copyrighted work publicly by ways of a digital sound transmission. (17 U.S. C. §102).

More specifically, your copyright gives you the correct to record your music, sell or otherwise distribute copies of your music in various formats (i.e., vinyl, CD, digital download, etc.), make new works from your original work such as sampling your music to create a new vocal, perform your music in public, post your music online, and stream your music. Not only does a copyright requite you the right to do these things with your music, merely information technology allows you end others from doing these things with your music without your permission.

4. How to enforce your rights

As mentioned higher up, owning a copyright in a piece of work not just allows you to practise certain things with your music, but it allows you lot to stop others from doing those things with your music.  When someone exploits ane of your sectional rights in your music, information technology is known every bit copyright infringement (17 U.S. C. §501). This is generally when lawyers get involved.

Now, while copyright rights exist the moment the work is fixed in a tangible course, in order to enforce your rights (or in other words, sue someone), yous must first register your piece of work with the U.S. Copyright Office (17 U.S. C. §412).  Additionally, if y'all annals your work with the U.S. Copyright Office inside 3 months of publishing your work, you could exist entitled to additional benefits such equally the potential to exist awarded statutory damages even if you suffered no actual damages and the other side cannot prove that it lost profits, and the potential to recover your attorney'due south fees should yous prevail (17 U.Southward. C. §412).

Copyright registration is a simple and inexpensive process, and therefore it is in your best interest to annals your work every bit soon as you create it. You can find more information most copyrights and copyright registration at the U.South. Copyright Function's website.

5. How to record and perform cover songs

It is a very common practise in music for artists to tape and perform the musical works of other musicians. As detailed above, recording, distributing, and performing a copyrighted piece of work is the exclusive right of the copyright owner. However, there are mechanisms in the law to facilitate the recording, distribution, and performance of cover songs.

In order to tape and distribute a cover song, you lot demand what is called a mechanical license, which grants yous the right to record and distribute the musical limerick of another. The easiest mode to get a mechanical license is through one of the various companies that provide licenses on songwriters' and music publishers' behalf, such every bit HFA (Harry Fox Agency), TuneLicensing or Like shooting fish in a barrel Vocal Licensing.

More information on the procedure of getting a mechanical license tin can be found at each company's respective website.

If you want to perform cover songs publicly, a license to do so is required.  Generally, the venue where yous are performing will accept such licenses; however, it is always a good idea to confirm this before performing a encompass. For the most part, vocal writers and publishers affiliate with Performance Rights Organizations ("PROs") to human action as intermediaries on their behalf to license the correct to perform the musical work publicly.

+ A Comprehensive Comparison of Performance Rights Organizations (PROs) In the Us

In the United States, the three main PROs are ASCAP, BMI, and SESAC, each of which grant licenses known every bit blanket licenses that permit the performance of all of the songs in the particular PRO's repertoire. More information on the PROs and public performances can be found at each of the PROs' websites.

As noted at the outset, the laws relating to music and performance rights are extremely complicated and you should consult with a lawyer with specific questions.  The brief summary above should help you lot identify instances when information technology may be helpful to seek legal communication.

Alexander 1000. Fleisher is an Associate in the Intellectual Belongings Group at Eckert Seamans Cherin & Mellott, LLC.