If you are a musician, you want people to listen to your music and connect to your creation. However, if you create music or write lyrics to a song, you might also wonder how to protect your intellectual property (IP) rights and prevent infringement. This article will explore copyright ownership over music and lyrics.
What is Copyright?
Copyright is an IP right that protects original creative works in their material form. Importantly, copyright does not protect ideas. Instead, the material expression of the ideas will receive copyright protection.
The types of creative or original works that copyright protects include:
- artistic works such as paintings, drawings, sculptures, engravings or photographs, whether or not the work is of an artistic quality;
- literary works such as books, novels, poems and also computer programs;
- dramatic works such as a choreographic show or a script for a film;
- musical works; and
- other works such as films, broadcasts, sound recordings and published editions.
For literary, musical, or dramatic works, copyright protection includes the right to:
- reproduce;
- publish;
- perform;
- communicate; or
- adapt your work.
Having copyright for an artistic work allows you to reproduce the work in a material form and publish or communicate your work to the public.
Does Copyright Protect Musical Works?
Copyright does protect musical works such as song lyrics, sound recordings and music compositions in their material form.
For example, if you hum a tune that you think would make a good song, you are only protected by copyright once you write that tune down or record it somehow.
Your copyright to the music or the lyrics you have created does not prevent another musician from taking inspiration from or copying your style or sound. Rather it prevents them from copying or reproducing the music you have composed or the lyrics you have come up with without your permission.
Continue reading this article below the formWho Owns the Copyright in the Music and Lyrics I Create?
If you have composed the music or come up with the lyrics of a song, the copyright over the words will likely belong to you. However, it is possible that a person can share the copyright.
For example, consider you have collaborated with another musician to write a song, or you are part of a band, and you all contribute to the musical composition. In this case, the copyright may be owned by all of you together.
If you pay someone to make a sound recording that you may then use and sing over, you will be the copyright owner. This is because you have paid that other person and considered them for producing that work.
If that other person did this for free, they would likely be the copyright owner in the sound recording unless you have made a written agreement with them that the copyright belongs to you.
Further, if you have created music for your employer and under the terms of your employment, the copyright to the music may belong to your employer. This means your employer may have the rights to publish, reproduce or perform the work without the need to obtain your permission.
How Long Does Copyright for Musical Works Last For?
Copyright in music and lyrics generally lasts for the life of the artist or musician and 70 years after the calendar year the creator of the work died.
Copyright in a sound recording lasts for 70 years from the end of the year when the sound recording was first released.
How Do I Prove That I Own the Copyright to My Music?
A helpful tip for proving that you own the copyright to your music or lyrics is always to keep a record of the work to show that you made it. Dating these documents also helps!
Whilst it is not necessary in Australia, you can use the copyright symbol, ©, on your work to ensure other people know that you are the owner of your work and the copyright holder.
If you think someone has copied your music or lyrics and has not sought your permission before doing so, this might amount to copyright infringement. However, it is essential to seek the advice of an intellectual property lawyer to assess and advise you on whether there has been copyright infringement and what steps you can take to enforce your rights.
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Key Takeaways
Music and lyrics are a type of original creative work that can be protected by copyright. To have copyright protection, the musical work must be expressed in a material form, such as written down or recorded. Sound recordings are another type of work protected under copyright law. In Australia, copyright arises automatically upon the material expression of an original creative work.
If you have any further copyright questions, our experienced IP lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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