| Music Promotion
Media and the record label / industry contacts that we deal
with, will always respect your private right of Copyright
for any original material received. However, with the popularity
and the increasing number of websites that unsigned artists
are using to promote, exhibit and distribute their music,
many unsigned artists and bands are running the risk of copyright
infringement. Copyright registration can prove invaluable
if your work is disputed in the future. This page gives an
overview and advantages of Copyright registration. Music Promotion
Media recommends UK
Copyright Service (UKCS) for Copyright registration
services.
What is copyright?
Copyright is an automatic right that occurs whenever an individual
creates a work of one of the following types: Literary, dramatic,
musical, artistic, sound recording, broadcast, film or the
typographical arrangement of published editions. To qualify
for copyright, the work should be original, and exhibit a
degree of labour, skill or judgement.
Music copyright
In a musical context, copyright will apply to:
- The musical composition itself, legally defined
as a ‘musical work’.
- The lyrics, which are protected as literary
work.
- Recordings of the musical work, which are
subject to copyright in their own right as sound recordings.
- Any original artwork, illustrations, etc.
for an accompanying cover, sleeve, booklet, etc. will be
subject to copyright as artistic work.
Duration of copyright
Under UK law, copyright in a musical, artistic or literary
work, will exist from the point that the work is first fixed
in a ‘tangible’ form and last until 70 years from
the end of the calendar year in which the last remaining author
dies.
For sound recordings only, copyright will run
for 50 years from the year of recording, or 50 years from
date of release if released in that time.
Outside the UK, actual duration may vary slightly
from one country to another depending on national laws, but
the above is fairly typical.
Copyright symbols used
The traditional ©, (‘C’ in a circle) symbol
should be used to refer to copyright in the composition, musical
score, lyrics, as well as any artwork or cover designs.
The copyright to the sound recording itself,
is signified by a ‘P’ in a circle and typically
referred to as phonographic copyright.
Copyright notices
A copyright notice is simply a piece of text that states that
the work is subject to copyright and the authors name, it
is often followed by the phrase ‘all rights reserved’
which simply means that you withhold all rights to that work
as is your right under copyright law.
You should place copyright notices on your work,
and the notice should be obvious and legible to anyone with
access to your music. Typically the copyright notice would
appear on the accompanying sleeve or booklet, as well as on
the CD, cassette or LP itself.
For more information, a handy fact sheet explaining
copyright notices can be found at http://www.copyrightservice.co.uk/copyright/p03_copyright_notices
Using the music of others
If you use samples of music by other authors in your work,
ensure that you get permission to use the work before you
attempt to publish or sell your work. Similarly, if you use
loops or samples available via sample collections etc. ensure
that these are licensed as free to use, or obtain permission
first.
If you need to get permission to use a piece
of music, normally the best place to start is with the last
know publisher for the work. As they must have permission
themselves they will certainly know who you would need to
contact.
The Mechanical
Copyright Protection Society, (or, if the work
is by an U.S. artist, ASCAP
or SESAC,
may also be able to help, as all these organisations collect
royalties on behalf of copyright owners
Band names
Copyright does not apply to names, neither will it apply to
single phrases or slogans. Names may however be regionally
protected as a trademark which may be carried out via national
patent and trademark offices, though this is really aimed
at corporate branding and is generally considered ‘overkill’
for band names.
Public performance licences
Clubs and venues will generally be licensed for public performance,
the administration of this is carried out by various organisations
throughout the world:
In the UK this is dealt with by the Performing
Rights Society.
ASCAP also provide a list
of affiliated organisations dealing with performance
rights in other countries.
| Registering
copyright
Copyright registration can prove invaluable if your
work is disputed in the future, and a registration with
the UK
Copyright Service (UKCS) will ensure that
you have proper evidence in case you ever need to prove
your claim in a court or tribunal. As copyright is an
international right, the UKCS registration will also
protect your work overseas.
When registering musical works, the cheapest
and most convenient method is to send a whole album
as a single ‘work’ to be registered (i.e.
a CD containing all your songs). Registering on-line
can also be a little cheaper, but be sure to convert
your songs to mp3s, to reduce your upload time.
Copyright registration forms or the on-line
registration service can both be reached via: http://www.copyrightservice.co.uk/register
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This fact sheet is copyright
© 2006 UK Copyright Service / Copyright Witness Ltd,
protected under UK and international law, and reproduced
under licence.
The use of this fact sheet is covered by the conditions
of a Creative
Commons licence. It is intended
only as an introduction to ideas and concepts only. It
should not be treated as a definitive guide, nor should
it be considered to cover every area of concern, or be
regarded as legal advice. |
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