Copyright for Copyright for Songwriters and Songwriters and

ComposersComposers

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…Copyright…

Definition of CopyrightDefinition 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 As soon as it is made into a permanent

form form

You don’t have to do anything, but....You don’t have to do anything, but....

It must be original; created by the author It must be original; created by the author using his own skill, judgment and using his own skill, judgment and

individual effort individual effort

The author must be a British citizen or an The author must be a British citizen or an individual domiciled in the United individual domiciled in the United

Kingdom.Kingdom.

OwnershipOwnership

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 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? 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 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 Each song comprises two copyrights....copyrights....

The music

The lyrics

A recording has two A recording has two copyrights....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?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...Additional Rights...

Performing Right

Mechanical Right

Print Right

Sync Right

Grand Rights

Moral Rights

Performing RightPerforming Right

Each time your work is broadcast, performed live or heard publicly.

In the UK generally administered by the PRS for Music

Mechanical RightMechanical 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 RightPrint Right

In 1910 75% 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 RightSync Right

For music time synchronised to film, tv shows, mobile ringtones or adverts

Growing markets

Negotiated directly, one off fee

Moral RightsMoral 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 RightsGrand 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.

PublishingPublishing

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 - 1709 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 DealsPublishing Deals

Do you need one?Increasingly more

artists doing without a record deal, but

most have a publishing deal

Publishing DealsPublishing 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 DealsAdmin 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…For further information…

The Intellectual Property Office is an excellent free resource on copyright:http://www.ipo.gov.uk/types/copy.htm

The Music Publishers Association website contains information on music publishing:

http://www.mpaonline.org.uk/

If you are a BASCA member more information is available in the members resource area. www.basca.org.uk