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When you record a song, you may be creating two works that are protected by copyright: a musical work and a sound recording. A sound recording and the music, lyrics, words, or other content included in the recording are separate copyright-protected works. These works are subject to different rules and are commonly owned and licensed separately.

Although your work is protected by copyright from the moment it is fixed, you can register your work with the U.S. Copyright Office for additional benefits, including for U.S. works, access to federal courts in the case of infringement. Registering your work also makes a public record of your ownership. Applying for registration with the U.S. Copyright Office requires an application, a filing fee, and a copy of the work. Depending on the type of work, there are several different online application options, including the following:

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In addition to registering your sound recordings and musical works with the Copyright Office, you may want to consider submitting a trademark application for your band name with the U.S. Patent and Trademark Office.

Generally, copyright lawsuits are decided in federal court. You may also choose the Copyright Claims Board (CCB), a voluntary forum within the Copyright Office to resolve copyright disputes involving damages totaling less than $30,000. It is intended to be a cost-effective and streamlined alternative to federal court. To use the CCB, you also must have filed an application to register your copyright. You can read more about the CCB here.

Technically, some copyright protection exists from this point on. Still, you'll likely want to establish your copyright in a more formal way to reinforce your ownership and enhance your protections over the music.

If you don't register an official copyright for your music, it can be difficult to assert your rights in a copyright infringement claim. And as a musician with a registered copyright for your work, you have a lot of exclusive rights, including:

A copyright is about more than preventing someone else from copying your work. Securing a copyright for your music means that if someone else wants to record and distribute your music, sample it, or perform it, that person needs your permission. When musicians don't secure a copyright for their music, they can close themselves off to potential revenue streams from other people wanting to perform or use their work.

Misconceptions abound about what can and can't be registered for copyright protection when it comes to music. It's sometimes difficult to separate the elements of music from each other. Here are some guidelines.

I'm just wondering if you turn off the copyright music when youre at the maze, does TAKE CONTROL song disappear and theres justt nothing playing in the background? Would be a real bummer for streamers.

If you wrote a song by yourself, you alone own that composition. If you wrote a song with one or more people, you each own a portion of that song. You and your collaborators would then want to draft a document determining the splits (the percentage of the song each person owns), and register your copyright accordingly.

In the strictest technical terms, you own your musical copyright the moment you capture the composition or recording in a fixed medium. This could be something as simple as writing the melody or lyrics on a piece of paper or humming into a recorder.

According to copyright.gov, you can use ONE form (SR) to register both the sound recording AND composition, as long as the author and owner are exactly the same for all songs listed on the application and the release information is the same.

Form SR must also be used if you wish to make one registration for both the sound recording and the underlying work (the musical composition, dramatic, or literary work). You may make a single registration only if the copyright author and claimant is the same for both the sound recording and the underlying work.

In the U.S. we have the Harry Fox Agency; but almost every country has a similar agency to collect mechanical royalties. The U.S. is unique in that mechanicals from downloads are bundled in with the revenue from the sound recording. So those will be paid to you through your music distributor. This does not apply to interactive streams though; in every country, mechanical royalties generated by interactive streaming are paid to collection societies.

The second type of exploitation of your recording or composition happens when someone uses it in other media such as a movie or TV show. This is called sync licensing, since your music is synchronized with the visual medium.

Much like the case with sampling, the music supervisor with the production company who is seeking to use your song must contact the rights holder or license the song from a music library if you chose to add your song to one. If they contact you for this you can negotiate a fee with them. As in the case with clearing a sample, if you hold the rights to both the composition and the recording you can grant permission for both in one agreement, which is appealing to music supervisors who need to move fast to secure songs on a tight production schedule. If your music is included in a music library, that agency can negotiate the terms of the license on your behalf.

The upfront placement fee is one type of revenue generated from a sync deal. After that placement is secured and the show or movie is aired, you are owed performance royalties each time your song is played in that medium, provided the music supervisor files the cue sheets.

Catch up on the history of the issue with this 2011 report from the Copyright Office on pre-1972 sound recordings. See also the National Recording Preservation Plan and other reports from the Library of Congress, as well as a report published by the Council on Library and Information Resources (CLIR) on sound recording copyright issues.

It sure sounds like 2 things happened: 1) There were some states where items pre-1972 may have been in the public domain. This law puts them back in private hands, stealing from the public.

2) They snuck in extra time, from 5-15 years, on top of the ridiculously long existing 95 year period, for music recordings, for works between 1917 and 1972.

I recently ran afoul of these new laws. I thought I had done my research and I downloaded some recordings of Beethoven that were made in 1968 in New York. Previously the New York Appeals Court ruled that pre-1972 that there was no right of pre-1972 copyright holders in New York for public performances.

I compose my music from scratch and own all the rights to it. Therefore, my music does not trigger any copyright claims. On YouTube, once you become partnered, you can enable ads and keep the revenue: all 100% of it!

Most TikTok users prefer videos that contain original music and sound. And, users are much more likely to enjoy and remember videos that feature a song they like. Clearly, choosing the right music is a pretty big deal for brands and monetized content creators who want to be successful on TikTok.

Serious creators and commercial users who want to incorporate high-quality music into their videos should consider licensing their own music to use in Tik Tok videos. Licensing a song allows you to use copyrighted music safely and legally, without risking copyright infringement.

When you upload music and videos to TikTok, you are considered the owner of that content, even after it is published. That means you are legally responsible for any harm that it may cause, including copyright infringement.

AI has become a hot topic in the music industry in recent months, with new examples each week of astonishing AI-generated music, and concerns voiced about the "widespread and lasting harm" of such tools to music creators and rightsholders.

In the UK, the proliferation of such tools comes at a time of increased scrutiny of the role of copyright and the remuneration of music creators and rightsholders, following the DCMS's inquiry into the economics of music streaming.

Under English copyright law, works generated by AI, can theoretically be protected as works "generated by computer in circumstances such that there is no human author of the work" (s. 178, Copyright, Designs and Patents Act 1988 (CDPA)).

However, it is first important to separate the copyright in the songs/compositions themselves (often referred to, along with the lyrics, as the "publishing rights") from copyright in the sound recording (often referred to as "phonographic rights" or "master rights").

The English law originality test was "skill, judgment and labour" until CJEU case law brought in a separate test, that of the "author's own intellectual creation". This was originally introduced in EU Directives on software and databases but has now been applied more broadly to encompass copyright works beyond software and databases (see for example the Painer and Cofemel judgments).

On 15 March 2023, an entirely separate report of Sir Patrick Vallance on the Pro-innovation Regulation of Technologies Review proposed that the UK should "utilise existing protections of copyright and IP law on the output of AI". However, the Government's response did not explicitly mention providing copyright protection to AI-generated works but, instead, focused on infringement issues (see below).

This is not a uniquely UK or European problem. Unlike most of the rest of the world, copyright can be registered in the US, meaning that the US Copyright Office has had to deal with this question directly. The USCO has consistently refused to register copyright works without a human author, and has now issued guidance on works containing material generated by AI.

By analogy, in Hyperion Records v Sawkins [2005] EWCA Civ 565, a composer and musicologist created new versions of a public-domain work, including corrections and additions to make it playable. The Court of Appeal found that, even though the starting point was a public domain score, the composer's revisions made it an "original" work. e24fc04721