How to use & understand Copyrighted Works: Song & Sound Recording
Copyright is defined as a “form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” This is the official definition given by US Copyright office
I do agree with this definition and this not only applicable to US Laws but extended to other countries, member of the Berne Convention.
Entertainment business focusing on the exploitation of songs starts with the songwriter that writes the lyrics and melodies of the song. To claim this ownership, the songwriter files a copyright application that only covers:
a. Lyrics
b. Melodies
Photo by Taylor Marie photography
Copyright law also states that the songwriter also has the publishing rights. He is the music publisher of his own songs. If he assigns the right to a music publisher, you should ask license to a music publisher not to the songwriter. Assuming your request for license will be approved, music publisher can only grant you the rights to exploit the melodies and lyrics and nothing else.
Now, supposing you are recording producer and is working with Artist “X”. You secure a license from the music publisher to record the song. You have done the recording. The copyright owner of the recording is you, not the music publisher. Hence if someone wants to use your recording and sell it in stores (such as a recording label), they will also secure license from the music publisher to use the lyrics and melodies, because it is now bundled in a fully produced song.
Some independent music publishers are able to produce broadcast quality recordings of their own work, so they own both the song (lyrics and melodies) and sound recording copyrights.
If you are confused with what rights do you need for the use of the song, dissect the application, example:
a. If you are TV music director, you only need to synchronize the song with your program. The music broadcasted includes the song (lyrics and melodies). So you need to secure license to exercise the rights to use the lyrics/melodies and the underlying sound recording. Legally this is termed as “TV Sync license” and “Sound recording”. If the music publisher owns these both, you only need one license from them; a bundle of TV Sync and Sound recording license.
b. In film, aside from acquiring synchronization and sound recording rights. It is distributed in DVDs and VCDs, so this physical reproduction needs you to secure another right called “mechanical rights”.
