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Difference between revisions of "Music Law"
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This script explains the law that applies to song writing, performing and recording music. It discusses the ownership of music and lyrics, getting paid for performances, the legal relationship among band members, contract relations with managers and agents, and dealing with agreements offered by recording companies and others. The script will interest all musicians who record, perform solo, or play in a group or band. | This script explains the law that applies to song writing, performing and recording music. It discusses the ownership of music and lyrics, getting paid for performances, the legal relationship among band members, contract relations with managers and agents, and dealing with agreements offered by recording companies and others. The script will interest all musicians who record, perform solo, or play in a group or band. | ||
== | ==When do songwriters and musicians have copyright?== | ||
Yes. When a song is created, copyrights exist immediately and automatically for the music, the lyrics (the words) and the combination of music and lyrics. The owner of the copyright will be the person who creates the song (the lyricist or author) and the person who writes the music (the composer). This | Yes. When a song is created, copyrights exist immediately and automatically for the music, the lyrics (the words) and the combination of music and lyrics. The owner of the copyright will be the person who creates the song (the lyricist or author) and the person who writes the music (the composer). This copyright can be assigned by a written (not oral) contract to another party, such as a publisher or recording company. | ||
A song is called a composition. | 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. | ||
It is generally illegal to copy songs (including sheet music and song lyrics) and recordings without permission of the copyright holder. But there are some exceptions. For example, you can reproduce a song for private purposes if you legally bought the original copy of the song. And you can make a backup copy or reproduce the work for criticism or review. Now there are also exceptions that allow for non-profit uses on the internet such as on personal ''YouTube'' pages. The ''[http://laws-lois.justice.gc.ca/eng/acts/c-42/ Copyright Act]'' has strict conditions for these exceptions though, so you must be very careful when considering using or copying music, lyrics or other works you don’t hold the copyright for. | It is generally illegal to copy songs (including sheet music and song lyrics) and recordings without permission of the copyright holder. But there are some exceptions. For example, you can reproduce a song for private purposes if you legally bought the original copy of the song. And you can make a backup copy or reproduce the work for criticism or review. Now there are also exceptions that allow for non-profit uses on the internet such as on personal ''YouTube'' pages. The ''[http://laws-lois.justice.gc.ca/eng/acts/c-42/ Copyright Act]'' has strict conditions for these exceptions though, so you must be very careful when considering using or copying music, lyrics or other works you don’t hold the copyright for. | ||
==How long does copyright last?== | |||
All copyrights expire eventually. After copyright expires, a work goes into the public domain. Generally, in Canada, copyrights expire 50 years after the author dies (plus the rest of the calendar year when the author died). There are some exceptions. For example, if the author is anonymous, the copyright term is 50 years from the end of the year of publication. | |||
Once a work is in the public domain, usually anyone can copy and use it. But other rights that do not expire may still apply (such as personality rights). So it’s a good idea to get legal advice before using or copying any works that you think may be in the public domain, unless your use fits clearly into an exception. | |||
==If you play someone else’s music, do you have to pay a royalty?== | ==If you play someone else’s music, do you have to pay a royalty?== | ||
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*''[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. | *''[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. | ||
*''[http://www.resound.ca/ 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 [http://www.cipo.gc.ca/ 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].) | ||
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==How do you protect your band’s copyright in your music?== | ==How do you protect your band’s copyright in your music?== | ||
Since copyrights arise immediately | Since copyrights arise immediately when a song is created, evidence of when a song was created can be critical if you have a copyright dispute. You may also need to show that you (or your band) actually created the song. | ||
Formally registering the work with [http://www.cipo.gc.ca/ Industry Canada] is one, very powerful, way to prove that you created a song at a certain time, but | Formally registering the work with [http://www.cipo.gc.ca/ Industry Canada] is one, very powerful, way to prove that you created a song at a certain time, but there are other ways (such as emails and other electronic files). And you don’t have to register. | ||
If you keep notes, communications (such as email messages) and other material (such as song and lyric versions) relating to the song, those can be valuable evidence in a copyright dispute. There are | If you keep notes, communications (such as email messages) and other material (such as song and lyric versions) relating to the song, those can be valuable evidence in a copyright dispute. There are several inexpensive online storage tools available (check out secure cloud storage). | ||
Also, you can document who wrote the song (including the date and the percentage each band member owns) and have everyone sign it. That can be good evidence of the copyright. | Also, you can document who wrote the song (including the date and the percentage each band member owns) and have everyone sign it. That can be good evidence of the copyright. | ||
Copyright cannot be fully protected only by mailing the original music, lyrics, and recording to yourself by registered mail. This may help verify the date the work was created, but it alone doesn’t connect the creation to the creator. | Copyright cannot be fully protected only by mailing the original music, lyrics, and recording to yourself by registered mail. This may help verify the date the work was created, but it alone doesn’t connect the creation to the creator. So generally, this is not an effective way to protect copyright. | ||
If you want to register your song with Industry Canada, it does not accept copies of single physical recordings. But the [http://www.copyright.gov/ US Copyright Office] does. Canadian albums that go into general release are registered at the [http://www.collectionscanada.ca/ National Library of Canada] by the publisher. | If you want to register your song with Industry Canada, it does not accept copies of single physical recordings. But the [http://www.copyright.gov/ US Copyright Office] does. Canadian albums that go into general release are registered at the [http://www.collectionscanada.ca/ National Library of Canada] by the publisher. | ||
==How do you distribute and market your recordings?== | ==How do you distribute and market your recordings?== | ||
After a song is recorded, it has to be distributed (by CD and online). | After a song is recorded, it has to be distributed (by CD and online). It also has to be marketed. And you should make appearances to support it. This is when a group usually hires a manager and agent, and looks for deals with publishers and record companies. Make sure everyone is clear on their rights and responsibilities, the commission to be paid to the manager and agent, and how long the agreements last. These should be put in writing and reviewed by a lawyer. | ||
==When does a record company get involved?== | ==When does a record company get involved?== | ||
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[updated | [updated March 2018] | ||
'''The above was last reviewed for accuracy by | '''The above was last reviewed for accuracy by Ronan Reinart and edited by John Blois.''' | ||
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