Music copyright is more complex than most people realize because every song typically has not one but two separate copyrights: one in the musical composition and one in the sound recording. These two rights are owned by different parties, licensed through different organizations, and subject to different rules. Understanding the distinction between music copyright in the composition and in the sound recording is essential for musicians, producers, music supervisors, podcasters, and anyone who uses music commercially. PerspireIP helps music industry clients navigate the complex web of music copyright ownership and licensing.<\/p>\n\n
When a song is written and recorded, two distinct copyrightable works are created. The first is the musical composition, which encompasses the melody and lyrics of the song as written. This is the abstract musical work that exists independently of any particular recording of it. The second is the sound recording, which is the specific recorded performance of the composition captured in a particular recording session. A single composition can be the basis for countless different sound recordings (think of all the different artists who have covered a famous song), and each recording generates its own sound recording copyright distinct from the composition copyright.<\/p>\n\n
The composition copyright is typically owned by the songwriter or songwriters who created the melody and lyrics. In the traditional music industry, songwriters often sign publishing deals that transfer all or part of their composition copyrights to a music publisher in exchange for an advance and a share of future royalties. Major music publishers such as Universal Music Publishing Group, Sony Music Publishing, and Warner Chappell Music control vast catalogues of composition copyrights. Independent songwriters who retain their publishing rights are said to own their own publishing. The composition copyright generates income through mechanical royalties (for recordings and digital downloads), performance royalties (for public performances and broadcasting), synchronization fees (for use in film, TV, and advertising), and print music royalties.<\/p>\n\n
The sound recording copyright is typically owned by the record label that funded the recording session or, for independent artists, by the artist themselves. Major labels like Universal Music Group, Sony Music Entertainment, and Warner Music Group own enormous catalogues of sound recording copyrights. Sound recording copyright generates income through master use licenses (for use in films, TV, advertising, and sampling), digital performance royalties (for streaming and digital radio), and synchronization fees. In the US, sound recordings were not granted federal copyright protection until the Sound Recording Act of 1971, so recordings made before that date may have different protection depending on state law and the date of the recording.<\/p>\n\n
To use a commercial song in most contexts, you need licenses for both the composition and the sound recording, from their respective owners. This dual licensing requirement is one of the most common sources of music copyright confusion and liability. Obtaining a synchronization license from the music publisher only gives you permission to use the composition in your video; you still need a master use license from the record label to use that specific recording. This is why many film and TV productions opt to commission original music or use music from libraries where they can obtain both rights from a single source.<\/p>\n\n
Composition copyrights are administered for public performance purposes by performing rights organizations (PROs). In the US, the three major PROs are ASCAP, BMI, and SESAC. These organizations collect performance royalties from businesses that publicly perform music, including radio stations, TV broadcasters, streaming services, restaurants, bars, retail stores, and concert venues, and distribute those royalties to songwriters and publishers. Businesses that publicly perform music need blanket licenses from the relevant PROs. For sound recording digital performance royalties, SoundExchange administers collection and distribution to artists and labels.<\/p>\n\n
Mechanical royalties are payments owed to composition copyright owners whenever their compositions are reproduced in recordings and distributed to the public. The term mechanical comes from the mechanical piano rolls of the early 20th century. Today, mechanical royalties are owed for CD manufacturing, digital downloads, and on-demand streaming. In the US, mechanical royalty rates for physical and download uses are set by the Copyright Royalty Board. The Music Modernization Act of 2018 significantly reformed the mechanical licensing system, creating a single digital mechanical licensing collective (the Mechanical Licensing Collective, or MLC) to administer mechanical licenses for digital streaming services.<\/p>\n\n
Sampling, the practice of incorporating portions of existing recordings into new music, raises significant music copyright issues involving both composition and sound recording rights. Using a sample without clearance can constitute infringement of both the composition and the sound recording. The landmark case Grand Upright Music v. Warner (1991) held that unauthorized sampling is copyright infringement, and subsequent cases have confirmed that even tiny samples can infringe. Proper sample clearance requires licenses from both the publisher (for the composition) and the label (for the master recording). Sample clearance fees can be substantial, especially for samples from popular songs, and some rights holders refuse to license at any price.<\/p>\n\n
Recording a cover version of someone else’s song requires a mechanical license for the composition copyright, but you do not need permission from the original recording artist or label because the sound recording you create is entirely your own. In the US, mechanical licenses for cover recordings are compulsory, meaning that once a composition has been commercially released in the US, anyone can record a cover version by obtaining a compulsory license and paying the statutory mechanical rate. Services like DistroKid, TuneCore, and Songtrust can help independent artists obtain mechanical licenses for cover songs through the MLC or their licensing partners.<\/p>\n\n
Music copyright is layered and complex, with composition rights and sound recording rights operating as distinct legal assets owned and licensed by different parties through different systems. Whether you are a musician, producer, music supervisor, content creator, or business owner using music, understanding both layers of music copyright is essential for compliance and for protecting your own creative rights. PerspireIP provides comprehensive music copyright counseling, licensing strategy, and enforcement services to help music industry clients navigate this complex landscape.<\/p>","protected":false},"excerpt":{"rendered":"
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