What is a copyright?

What is a Copyright?

Copyright is a form of legal protection given to many kinds of created works such as musical compositions or songs, lyrics, records (CDs, LPs, singles, 45s, cassettes, DAT, etc.) poems, books, films, TV shows, computer software and even commercials. For a work to be protected under copyright, its must be: 1)

What is a Copyright?

Copyright is a form of legal protection given to many kinds of created
works such as musical compositions or songs, lyrics, records (CDs,
LPs, singles, 45s, cassettes, DAT, etc.) poems, books, films, TV
shows, computer software and even commercials. For a work to be
protected under copyright, its must be: 1) "original" which means that
it was not copied from any other source; 2)"fixed in a tangible
medium of expression" which means that it exists in some reasonably
permanent or stable form so that a person can perceive it and
reproduce it; and 3) have a minimum degree of creativity.

For the musician, copyrights can protect both songs (which usually
consists of a melody and includes lyrics if the song has words) and
recordings (CDs, mp3s, LPs, cassettes, DAT, and any other recording).
The "fixed" requirement means that there is no protection for a song
that is only in your head. A song may be "fixed" by writing it down,
recording it (even on a handheld recorder), or saving it to a hard
drive on a computer. Playing a song live does not meet the "fixed"
requirement. But, if you record the live performance, you have now
"fixed" the song.

Once an original work is fixed in a tangible medium, the creator has
copyright protection automatically. Though registering the work with
the Copyright Office may be desirable, it is not required to get
copyright protection.

The Rights of the Copyright Owner
The owner of a copyright has the exclusive rights to do the following:

Reproduce the Work

The rights to make copies of the work, such as the right to
manufacture compact discs containing copyrighted sound recordings.

Distribute Copies of the Work

The right to distribute and sell copies of the work to the public.

Perform Works Publicly

Copyright owners of songs (but not owners of sound recording
copyrights) control the rights to have their song performed publicly.
Performance of a song generally means playing it in a nightclub or
live venue, on the radio, on television, in commercial establishments,
elevators or anywhere else where music is publicly heard.

Make Derivative Works

A derivative work is a work that is based on another work such as a
remix of a previous song or a parody lyric set to a well-known song (a
classic example being Weird Al Yankovic's song "Eat It" which combines
Michael Jackson's copyrighted original work "Beat It" with a parody
lyric "Eat It").

Perform Copyrighted Sound Recordings by Means of a Digital Audio Transmission

This is a right recently added by Congress that gives copyright owners
in sound recordings the rights to perform a work by means of a digital
audio transmission. Examples of digital audio transmissions include
the performance of a song on Internet or satellite radio stations
(such as XM or Sirius).

Display the Work

Although this right is rarely applicable to music, one example would
be displaying the lyrics and musical notation to a song on a karaoke
machine.

No one can do any of the above without the permission or authorization
(usually given in a license) of the owner of the copyright.

The Copyright Term
The length of time that a work is protected by copyright for a work
first published after January 1, 1978, is the life of the author plus
70 years. That means for the entire lifetime of the author and 70
years after the author dies, the copyright is in force.

The Two Kinds of Music Copyrights
There are two different kinds of music copyrights:

Sound Recordings- A sound recording is a simply a work comprised of
recorded sounds. For example, the recorded performance of a song that
appears on a compact disc is a sound recording.
Musical Works ("Musical Compositions" or "Songs")- Both the music and
the lyrics to a song, or each of them separately, can constitute a
copyrightable musical work.
Distinguishing Between Copyrights in Sound Recordings and Musical Works

Sound recordings and musical works are separately copyrightable works
that can be owned by one or more authors. It is important to be able
to distinguish between the tw a musical work, or a song, usually means
a melody and often (but not always) lyrics; a sound recording is the
actual recorded performance of that song.

For example, if a songwriter composes and writes the lyrics to a song
and Madonna records a version of the song and includes it on her new
album, the songwriter owns the copyrights in the musical work (because
she wrote the music and lyrics) and Madonna, or more likely her record
label, owns the copyrights in her recorded version of the song (the
sound recording) which is contained on a compact disc sold in record
stores. The copyrights in sound recordings and musical works create
two different revenue streams for their owner(s) in the form or
royalties from record sales and music publishing royalties. In the
above example, the songwriter would be entitled to the publishing
royalties resulting from any performances of Madonna's version of her
song on the radio while Madonna would get the royalties from the
actual sales of the compact disc containing her recorded version of
the song.

Registering Your Copyright
Although an author obtains copyright protection the moment the work is
written down or recorded, an author can get important additional
benefits and protections for his work by registering it with the
United States Copyright Office. Copyright registration enables an
author to take legal action if someone uses their work without their
permission and also makes them eligible to receive statutory damages
and attorneys' fees under certain circumstances. The filing fee for
registration is $30 and the proper forms can be obtained online
through the Copyright Office's website.

The "Poor Man's Copyright"

The practice of mailing a copy of one's own work to one's self is
sometimes referred to as a "poor man's copyright." There is no
provision in the Copyright Act that offers protection for the "poor
man's copyright" and it is not a substitute for registration. There
is no value to this because it only proves that an envelope has a
postmark.

Copyright Notice
Although music copyright owners are not required to place copyright
notices on their releases, it is highly recommended that they do so
because: 1) you want fans of the music to be able to contact you with
any inquiries regarding licensing, live performances etc; (2) by
placing a copyright notice on the album you prevent anyone who has
illegally copied the work from claiming that they did so innocently
which would enable them to pay reduced damages should a court
determine that they have infringed your copyrights. Copyright notices
for musical works should include the copyright symbol (c) (the letter
C enclosed in a circle) or the word "copyright" followed by the year
of publication and the name of the copyright claimant (ex: (c) 2005
Acme Music Publishing). The notice for sound recording copyrights
includes a symbol of the letter P enclosed in a circle followed by the
year of publication and the name of the company releasing the record.

Copyright Ownership
The copyright in the work is owned by the author, who can transfer it
to anyone else, but the transfer must be in writing. The owner can
also license the work, which means giving someone certain rights to
use their music without giving them actual ownership of the
copyrights.

The exception to this is a "Work Made for Hire." If the author
creates a work of music while an employee of an employer, and as an
integral part of the employment (i.e. it is his job to create the
music) then it will be considered a "Work Made for Hire." The
copyright in a "Work Made for Hire" is owned by the employer and will
last for 120 years from creation or 95 years from publication,
whichever comes first.

The second kind of "Work Made for Hire" is a work that is specially
ordered or commissioned for use as one of nine types of works
identified in the Copyright Act. For musicians, a song that is
recorded specifically for inclusion on a compilation or in a motion
picture or other audiovisual work may under certain circumstances be
considered a "Work Made for Hire."

Thanks. I accidentally deleted my question