Copyright for Songwriters and Composers

Protects the form of expression of ideas but not the ideas themselves. It builds a system where authors are rewarded for the creation of original works.Copyright…

Definition of Copyright Allows the author the right to prevent others from doing certain restricted acts; performing, printing or otherwise multiplying copies of a musical, literary or dramatic work.

How does it arise? As soon as it is made into a permanent form You don’t have to do anything, but.... It must be original; created by the author using his own skill, judgment and individual effort The author must be a British citizen or an individual domiciled in the United Kingdom.

Ownership  The first owner of copyright is generally the author unless ….. the work is created in the course of his employment.  Commissioned works: the person creating the work will own the copyright even though the commissioner of the work has paid for the work to be done unless …. you agree otherwise in writing.

Joint Authorship  A work created by more than one person if contributions from each author are not distinct from that of the other authors.  Each joint author has the same rights as a sole author.  An author may sue any of his other joint authors who do any of the acts restricted by copyright without his consent.

Licence or Assign?  If you licence your music you keep the underlying copyright, you are only granting the licensee permission to carry out certain acts for the duration of the licence.  If you are assigning the ownership and control of the copyright in your work will transfer to the assignee.

Exclusive and Non-Exclusive  If the deal is non-exclusive the license term doesn’t matter as much. Depending on what bargaining power you have the term can vary from 5-10 years.  Where as an exclusive license the term could be as long as duration of copyright.

Each song comprises two copyrights.... The music The lyrics

A recording has two copyrights.... Copyright in the music and the lyrics – duration of copyright; 70 years after death Copyright in the sound recording – 50 years

How do you prove it? If you want protection for your work post to yourself by recorded delivery a copy of the score, recording, notes, lyrics – anything concerning the work Do not open it! The post mark date is your evidence of the works existence and copyright at that date.

What are your Copy Rights? Authorise or prohibit people to do things with your work Right to economically exploit your work by assigning it or licensing it If you know what your rights are you can identify income streams

Additional Rights... Performing Right Mechanical Right Print Right Sync Right Grand Rights Moral Rights

Performing Right Each time your work is broadcast, performed live or heard publicly. In the UK generally administered by the PRS for Music

Mechanical Right Each time your work is transferred to a product which includes music (CDs or internet downloads) or when it is synchronised with a film or television broadcast. In the UK collected by the MCPS or often self published

Print Right In % of all records sold were classical music and sheet music was king Composers, songwriters and publishers relied on sheet music for their primary income

Sync Right For music time synchronised to film, tv shows, mobile ringtones or adverts Growing markets Negotiated directly, one off fee

Moral Rights Only apply to copyright in the musical work not sound recordings. -Right to paternityof work -Right to object to derogatory treatment -Right to object to false attribution (20 years after the death of the author ) Duration is the term of copyright (author’s life plus 70 years)

Grand Rights If your work has been commissioned for use in a dramatic performance like an opera, ballet or musical, you (or your publisher) hold the exclusive right to issue licences and collect fees each time a performance is made. No collection society exists to do this for you and so you or your publisher should negotiate these fees in advance.

Publishing In mid-15th century mechanical techniques for printing music and bibles were first developed. The music publishing revolution started in Tin Pan Alley in 1885 when a collection of music publishers set up shop in New York. The first copyright legislation gave protection for 21 years Statute of Anne

What do Publishers do? Support composer’s and songwriter’s creative process Promote their music Manage business exploitationof their music Seek to protect and enhance the value of their works

Publishing Deals Do you need one? Increasingly more artists doing without a record deal, but most have a publishing deal

Publishing Deals Traditionally the work is assigned (sold) forever Currently limited periods are more common; 7 – 25 years 80 / 20 or 70 / 30 splits are common

Admin Deals License not an assignment No promotion but collection of monies Often used in international deals - a writer will often get paid royalties quicker using a network of sub- publishers rather than the national collecting society

For further information… The Intellectual Property Office is an excellent free resource on copyright: The Music Publishers Association website contains information on music publishing: If you are a BASCA member more information is available in the members resource area.