Who Owns the Copyright to a Song? Demystifying Ownership Under US Law

Determining who owns a song's copyright involves understanding different creative contributions and legal principles under US Copyright Law. Here's a breakdown:

General Principle Of Copyright Ownership:

• The initial copyright ownership belongs to the creators who contributed original expression. This typically includes:
  • Music Score Composer/Melody Composer(s): Responsible for the music's melody, harmony, and structure.
  • Lyricists: Craft the words that complement the music.

Shared Copyright Ownership:

• When multiple individuals create a song with the intent of merging their contributions, it qualifies as a joint work. In this case, all creators become joint copyright owners. This usually applies to songwriters collaborating on both music and lyrics or multiple composers jointly creating a piece.

Exceptions:

• Employee-Created Works: If you create a song within your employment duties, the employer often owns the copyright. Consult your employment contract for specifics.
• "Made for Hire" Agreements: Independent contractors can sign agreements granting copyright ownership to the commissioning party for specified types of works like movie scores or songs commissioned for advertising.

Important Points Regarding Copyright Ownership:

• Copyright ownership is distinct from sound recording ownership. The artist performing the song might not own the composition copyright.
• Registration with the US Copyright Office is optional but strengthens legal protection and enforcement.
• Split sheets outline how royalties generated from the song are divided among creators and potential publishers.

Conclusion

Consulting a lawyer is recommended for specific copyright questions due to legal complexities and potential variations in individual situations.

By understanding these core principles, you can gain a clearer picture of song copyright ownership and navigate the music industry with increased knowledge!

Resources:

• US Copyright Office: https://www.copyright.gov/
• Stanford Law School's Copyright & Creativity Blog: 
• The Harry Fox Agency: https://www.harryfox.com/index.jsp

Who Owns the Copyright? Demystifying Ownership and Rights

The general rule: You created it, you own the copyright. But like any rule, there are exceptions! Let's dive into the complexities of copyright ownership:

Exceptions to the Creator Rule:

• Employee Works: Your employer owns the copyright if you create something during work hours and within your job duties.
• "Made for Hire" Works: If you're an independent contractor, signing a "made for hire" agreement for specific types of work (e.g., movie scripts, articles) can grant the commissioning party the copyright.
• Copyright Sales: Selling your entire copyright transfers ownership to the buyer.

Copyright Ownership Of Joint Works:

When two or more creators intend their contributions to be inseparable, it's a joint work. Both own the copyright equally, with equal rights to exploit it commercially and share profits.

Collective Works:

Multiple authors contributing independently (e.g., annotations added to a novel) creates a collective work. Each author owns their individual contribution's copyright.

Copyright Owner Rights:

Owning a copyright grants exclusive rights like:

• Reproduction: Making copies of your work.
• Distribution: Selling or sharing copies with the public.
• Adaptation: Creating new works based on your original (e.g., movie adaptations).
• Performance and Display: Publicly performing or displaying your work.

Transferring Rights:

You can choose to transfer some or all of these rights to others for commercial purposes (e.g., publishers). This can be:

• Assignment: Transferring all rights permanently.
• License: Granting someone permission to use specific rights under certain conditions (e.g., time, territory).
• Exclusive License: Only the licensee has the right, excluding others (including you).
• Non-Exclusive License: Others (including you) can also use the same right.

Recording & Termination:

• Recording transfers with the U.S. Copyright Office protects your rights.
• Authors (or heirs) have the right to terminate transfers 35-40 years later.

Remember: This overview simplifies a complex legal topic. Consult legal professionals for specific guidance. 

SOURCE

Copyright Ownership: Who Owns What?

How does the US Copyright Law assign music publishing royalties?

In the US, copyright law itself doesn't directly assign music publishing shares. The sharing of publishing rights and royalties happens through contractual agreements between creators, most commonly outlined in a split sheet. These agreements are independent of copyright ownership, which can be separate.

Who Owns the Copyright?

• Copyright ownership can belong to one individual (composer means lyric writer and composer of the music score/melody), multiple collaborators (band members), or even a company that commissioned the work.
• Copyright registration gives legal protection to the owner and helps enforce their rights.

Splitting Publishing Rights:

• Publishing rights (mechanical licenses, synchronization licenses, public performance licenses) are distinct from copyright and often licensed by the copyright owner, but can also be owned separately.
• Split sheets determine how those publishing rights and royalties are divided among collaborators and/or publishers.
• Negotiation and agreement are key! There's no standard formula, and shares can vary depending on factors like:
  • Contributions: Percentage of music, lyrics, concept each creator contributed.
  • Bargaining power: Established artists might negotiate larger shares.
  • Industry norms: Certain genres might have standard splits.
  • Type of publisher: Some offer co-publishing, where royalties are split further.

Common Music Publishing Split Examples:

• 50/50: Equal share between writer and publisher.
• Writer's share: Larger percentage for the writer (e.g., 60/40, 70/30).
• Co-writing splits: Varying shares among collaborating musicians/lyrics writers.

Important Points About Music Publishing Royalties

• Split sheets are legally binding contracts, so careful review and consultation with legal counsel are crucial.
• Publishing shares don't necessarily reflect copyright ownership.
• Fair use guidelines allow limited unlicensed use of copyrighted material for specific purposes.

Unraveling Music Publishing Laws in the US

Navigating the Musical Maze: Unraveling Music Publishing Laws in the US

Have you crafted a captivating melody or penned powerful lyrics? While copyright grants you ownership, navigating the world of music publishing in the US can be like deciphering a complex score.

Worry not, aspiring musicians! This article sheds light on publishing rights, shares, and the crucial role of music publishers, empowering you to understand this vital industry segment.

What are music publishing rights?

Music publishing rights are distinct from the composition's copyright itself. These rights encompass:

• Mechanical licenses: Granting permission to reproduce your music in physical or digital formats (e.g., CDs, streaming platforms).
• Synchronization licenses: Allowing synchronization of your music with visual media (e.g., films, commercials, video games).
• Public performance licenses: Authorizing public performances of your music (e.g., live concerts, radio broadcasts).

The role of music publishers:

Music publishers act as your middlemen, connecting you with opportunities to exploit your publishing rights and earn royalties. They typically:

• Secure licenses: Negotiate licenses for mechanical, synchronization, and public performance uses.
• Collect royalties: Manage and distribute royalties earned from various sources.
• Promote your music: Pitch your music to potential users and create marketing opportunities.
• Advance your career: Offer guidance and support in navigating the music industry.

Publishing shares and splits:

When collaborating, split sheets determine how publishing rights and royalties are divided among composers, lyricists, and publishers. Common splits include:

• 50/50: Equal split between writer and publisher.
• Writer's share: Larger percentage for the writer (e.g., 60/40).
• Co-publishing: Multiple publishers share rights and responsibilities.

Music publishing administration:

This service handles the administrative tasks of collecting and distributing royalties without taking ownership of your publishing rights.

Important concepts:

• PROs (Performing Rights Organizations): ASCAP and BMI collect public performance royalties on behalf of their members.
• Mechanical Licensing Collective (MLC): Streamlines mechanical licensing for digital music in the US.
• Sub-publishing: Publishers may sub-license rights in other territories.
• Copyright termination: Under certain conditions, songwriters can reclaim publishing rights from their initial publisher.

Frequently Asked Questions:

• Do I need a music publisher? Not necessarily, but they can help maximize exposure and income, especially for beginners.
• How much does a music publisher charge? Fees vary, typically based on a percentage of royalties earned.
• What should I consider when choosing a publisher? Reputation, track record, expertise in your genre, and transparency are key factors.
• How can I collect royalties myself? It's possible if you know the steps to take. If not, it may require significant time and effort compared to using a publisher or administrator.

Embrace the knowledge, compose with confidence

Understanding music publishing in the US empowers you to make informed decisions and navigate the industry with clarity. Remember, knowledge is your melody, and understanding plays the harmony, leading to a successful and fulfilling musical journey.

Share the music! Spread this article with fellow musicians and empower them to unlock the potential of their creations through informed choices in music publishing. Let the knowledge resonate and propel their artistic aspirations!