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Difference between revisions of "Music Law"
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This right can be assigned by a written contract to another party, such as a publisher or recording company. (Copyright can’t be assigned by a verbal agreement.) | This right can be assigned by a written contract to another party, such as a publisher or recording company. (Copyright can’t be assigned by a verbal agreement.) | ||
A song is called a composition. A recording of the song is called a master recording. A separate and independent copyright applies to the recording. | A song is called a '''composition'''. A recording of the song is called a '''master recording'''. A separate and independent copyright applies to the recording. | ||
Copyright owners (in some cases, the authors and composers, but often the publishers and recording companies under written contracts) can control copying and distributing of their compositions and recordings. | Copyright owners (in some cases, the authors and composers, but often the publishers and recording companies under written contracts) can control copying and distributing of their compositions and recordings. | ||
You can’t copy music without permission of the copyright holder, with some exceptions | ===You can’t copy music without permission of the copyright holder, with some exceptions=== | ||
It is generally illegal to copy songs and recordings without permission of the copyright holder. But there are some exceptions. | It is generally illegal to copy songs and recordings without permission of the copyright holder. But there are some exceptions. | ||
For example, one exception allows you to reproduce a song for private purposes if you legally bought the original copy of the song. Other exceptions allow you to make a backup copy of music and reproduce a work for criticism or review. | For example, [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-42/latest/rsc-1985-c-c-42.html#sec29.22_smooth one exception] allows you to reproduce a song for private purposes if you legally bought the original copy of the song. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-42/latest/rsc-1985-c-c-42.html#sec29.21_smooth Other exceptions] allow you to make a backup copy of music and reproduce a work for criticism or review. | ||
Another exception allows you to use a work in creating a new work, as long as it is solely for non-commercial purposes. This exception is designed to allow non-commercial user-generated content, such as YouTube videos. | [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-42/latest/rsc-1985-c-c-42.html#sec29.21_smooth Another exception] allows you to use a work in creating a new work, as long as it is solely for non-commercial purposes. This exception is designed to allow non-commercial user-generated content, such as YouTube videos. | ||
===To play someone else’s music, you have to pay a royalty=== | ===To play someone else’s music, you have to pay a royalty=== | ||
To publicly play or perform music created or recorded by another lyricist or musician, you, your label, or the place where you play must pay a fee or royalty. So if you perform cover songs with a group in public, a musicians’ collective may ask you (or the place where you’re playing, called a venue) to pay a royalty. You also have to pay royalties if you record cover songs, whether you make CDs or sell them online. | To publicly play or perform music created or recorded by another lyricist or musician, you, your label, or the place where you play must pay a fee or '''royalty'''. So if you perform cover songs with a group in public, a musicians’ collective may ask you (or the place where you’re playing, called a '''venue''') to pay a royalty. You also have to pay royalties if you record cover songs, whether you make CDs or sell them online. | ||
Musicians’ collectives include: | Musicians’ collectives include: | ||
* The Society of Composers, Authors and Music Publishers of Canada (or SOCAN). SOCAN can demand a play list and royalty fees for pieces performed. | * The [http://www.socan.ca/ Society of Composers, Authors and Music Publishers of Canada] (or SOCAN). SOCAN can demand a play list and royalty fees for pieces performed. | ||
* The Canadian Musical Reproduction Rights Agency. It collects mechanical royalties for songwriters and publishing companies. | * The [http://www.cmrra.ca/ Canadian Musical Reproduction Rights Agency]. It collects mechanical royalties for songwriters and publishing companies. | ||
* Connect Music Licensing (formerly, Audio-Visual Licensing Agency or AVLA). They collect royalties for owners of master recordings, something that disc jockeys should pay special attention to. | * [http://www.connectmusiclicensing.ca/ Connect Music Licensing] (formerly, Audio-Visual Licensing Agency or AVLA). They collect royalties for owners of master recordings, something that disc jockeys should pay special attention to. | ||
* Re:Sound. It collects fair compensation for artists and record companies for their performance rights. | * [http://www.resound.ca/ Re:Sound]. It collects fair compensation for artists and record companies for their performance rights. | ||
The same laws on copyright and royalties protect you too if you write and record your own music. You should register with SOCAN, which collects licensing fees and royalties for member songwriters and musicians whenever their compositions are broadcast on radio or TV or performed in public. (That’s done through the Canadian Intellectual Property Office.) | The same laws on copyright and royalties protect you too if you write and record your own music. You should register with SOCAN, which collects licensing fees and royalties for member songwriters and musicians whenever their compositions are broadcast on radio or TV or performed in public. (That’s done through the [http://www.cipo.gc.ca/ Canadian Intellectual Property Office].) | ||
If you work independently on a single performance or a call-out basis | ===If you work independently on a single performance or a call-out basis=== | ||
As a '''performer''' (as opposed to a songwriter), you are normally paid on the day of performance just for that performance. You have no rights in the music beyond the day of performance. Generally, you aren’t entitled to any other payment. | As a '''performer''' (as opposed to a songwriter), you are normally paid on the day of performance just for that performance. You have no rights in the music beyond the day of performance. Generally, you aren’t entitled to any other payment. | ||
But there are exceptions. For example, if your performance is recorded and the recording is later used on TV or radio or in some other commercial way. In such a case, you would be owed further payments called royalties. The organization recording you should ask for your permission before recording you. | But there are exceptions. For example, if your performance is recorded and the recording is later used on TV or radio or in some other commercial way. In such a case, you would be owed further payments called royalties. The organization recording you should ask for your permission before recording you. | ||
Tip | {| class="wikitable" | ||
|align="left"|'''Tip''' | |||
It’s always good to have a written agreement, even a simple, handwritten one. It’s best to clarify how much you will be paid, when you will be paid, details of the scheduling, and any requirements such as equipment rentals or wardrobe. | It’s always good to have a written agreement, even a simple, handwritten one. It’s best to clarify how much you will be paid, when you will be paid, details of the scheduling, and any requirements such as equipment rentals or wardrobe. | ||
|} | |||
===The legal relationship among group members=== | ===The legal relationship among group members=== | ||
Most of the time, a group works together with the common goal of earning money, and they make decisions together. Legally, without any other agreement or incorporation, the group or band will be considered a partnership. | Most of the time, a group works together with the common goal of earning money, and they make decisions together. Legally, without any other agreement or incorporation, the group or band will be considered a '''partnership'''. | ||
====The importance of making an agreement==== | ====The importance of making an agreement==== | ||
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====A band leader can be a proprietor==== | ====A band leader can be a proprietor==== | ||
Sometimes, a group leader hires and pays the musicians and makes all the decisions for a particular kind of show. That person is called a band leader and is legally a proprietor. The hired musicians are independent contractors or employees only. They have no ownership interest in the group, unless a different agreement has been negotiated and put in writing. | Sometimes, a group leader hires and pays the musicians and makes all the decisions for a particular kind of show. That person is called a '''band leader''' and is legally a '''proprietor'''. The hired musicians are independent contractors or employees only. They have no ownership interest in the group, unless a different agreement has been negotiated and put in writing. | ||
====A group can carry business as a company==== | ====A group can carry business as a company==== | ||
A group can also consider carrying on business as a company. The group may do this if their earnings are significant or if they are signed to publishing or recording deals. Individual members of the group may also incorporate their own companies (called “loan out” companies), which can offer certain tax benefits if the musician’s earnings are significant. | A group can also consider carrying on business as a company. The group may do this if their earnings are significant or if they are signed to publishing or recording deals. Individual members of the group may also incorporate their own companies (called '''“loan out” companies'''), which can offer certain tax benefits if the musician’s earnings are significant. | ||
====Protecting the name of a band==== | ====Protecting the name of a band==== | ||
It’s important as a group becomes popular to ensure that another group isn’t using your group name. To properly protect your band name, you need to consider registering it as a trademark. Other registration methods, such as securing a domain name for a website, will not protect you fully. See our information on trademarks, copyright and other intellectual property, no. 231. | It’s important as a group becomes popular to ensure that another group isn’t using your group name. To properly protect your band name, you need to consider registering it as a '''trademark'''. Other registration methods, such as securing a domain name for a website, will not protect you fully. See our information on trademarks, copyright and other intellectual property, no. 231. | ||
===Protecting a band’s music=== | ===Protecting a band’s music=== | ||
