Copyright

 

Copyright, Designs and Patents Act 1988

In the UK a creation is copyright the second it is in a tangible form (e.g. paper, tape, minidisk, PC hard disk). In many other countries the copyright symbol ( © ) and the year of creation need to be written on the piece. In some countries (e.g. the US) copyright needs to be officially registered before it exists.

 

In the UK there is no need to register your copyright. However, if you ever need to prove your ownership of the copyright you will need independent third party confirmation.

 

How to confirm your copyright

 

• By recorded post
• Registering it – (www.copyrightservice.co.uk)
• Depositing with lawyer/bank
• Getting a music publisher

 

Who owns the copyright?

 

• Song – Songwriter(s) – rights often assigned to music publisher
• Sound Recording – Producer/Record Company
• Printed Score – Arranger/Songwriter(s)

 

What does copyright mean?

• Protection from copying/renting/broadcasting/performing
• Writers can earn money from their work

 

Duration

• Lifetime of longest surviving writer plus 70 years
• Published edition copyright (for editor and arranger) = 25 years
• Sound Recordings/Performer’s rights = 50 years

 

After copyright expiry work falls into the public domain

 

If copying/arranging/sampling or using a copyright piece in any way, you must have permission of the copyright owner. Exceptions (Code of fair practise):

• For some educational uses
• Quoting short excerpts in reviews or news items – should acknowledge writer(s)
• Incidental use in an artwork, sound recording, film or broadcast????

 

“Copyright is the means by which those who make and own creative works (e.g. music and literature) can control who makes use of their work and the circumstances in which it is used, to ensure that the integrity and value of the work is respected.”

 

Performing Rights Society (PRS)

 

This organisation licenses the use of their members music – broadcast or performed publicly – Blanket Licenses

 

It distributes royalties to members 4 times a year (April, July, October and December)

 

Mechanical Copyright Protection Society (MCPS)

 

This organisation licences physical copies of a recording – e.g. Records, CDs

 

Phonographic Performance Ltd (PPL)

 

Issues licences very similar to PRS ones but only applies where a recording made by a PPL member is played, not for live performances, or recordings made by non-members.

 

Music Publishing

 

• Developing, protecting and valuing music.
• Promote new recordings
• Collect royalties on behalf of writers
• Produce printed scores – often subcontracted/licensed to specialists

 

Publisher’s Functions

 

• Persuading artists to record/cover their songs
• Getting songs placed in adverts / films / TV
• Collecting royalties from above organisations and their overseas equivalents
• Preventing/punishing unauthorised use of their songs
• Authorising arrangements / usage of their songs

 

Publisher’s Rewards

 

• Normally OWN the copyright – given up by the writer forever
• Take royalty (typically 40%) for the life of the copyright
• Overseas royalties reduced typically by 50% due to overseas publishers share

 

Self Publishing

 

• Keep all royalties
• Less contacts/opportunities than major publisher
• Smaller budget
• Have to do all the work yourself
• Can get administration deal with larger publisher (typically take 15% for duration of arrangement – this 15% needs to be worth enough to attract publishers)
• Have your own best interests at heart, not competing with 1,000 other songwriters