Musical Composition and Sound Recording:
When you listen to a song on the radio, television or live, you are generating 2 types of authorship rights, one for the musical composition and the other for the recording of the sound. The distinction between these two rights is important, because despite the fact that both are linked to a song, they are treated independently for their authorship.
Let's take a closer look at what copyright is all about:
A musical composition is made up of music, including any accompanying words. The author of a musical composition is normally the composer of the work together with the lyricist (if the lyricist and composer are independent). A musical composition can be in the form of a notepad copy (such as a music sheet) or in the form of a sound medium (tape, CD, LP, etc.).
A sound recording (or recording) results from the fixation of a series of musical sounds, which are reflected in a phonographic format, be it a CD, or Mp3 digital support…
In many cases, the artist will sign an editing agreement in which all or part of their copyrights of their compositions will be transferred to a publisher in exchange for their administration. As part of this management, the publisher will search for people who want to use the artist's composition in their own works or performances, issue the necessary licenses, collect the money, and give the artist the agreed percentage. It is also common to see artists transfer their copyrights of their sound recordings to the record label with which they are recording.
When an artist wants to perform the song of another musician / composer, they must obtain the permission of the copyright holder of the music composition.
However, if you want to use the original version, the person who will use the song should ask two people for permission: the person who has the copyright of the musical composition (usually the composer or publisher) and the person who has the intellectual property of the sound recording (usually the artist, record label, or producer).
As an example, consider the popular song "Respect" made famous by Aretha Franklin. The song "Respect" was originally composed by Otis Redding and released in 1965. Two years later Aretha Franklin released her version of the song. Because Mrs. Franklin was not composing a new song, but was using Otis Redding's composition, she needed to obtain a license to use the underlying musical composition. Aretha Franklin, however, went to the studio and recorded her own version, so there was no need to obtain a license for Otis Redding's sound recording.
Exclusive Rights:
Obtaining copyright in a work means that you have the exclusive rights to use that work.
These exclusive rights include the rights to:
Reproduction. The right of reproduction allows you to decide who can make a copy of your work, such as use in a film, with a sample, or publish it as sheet music.
Distribution. This right allows you to decide who can sell copies of your work.
Derivative Work. This right allows you to decide who can do a new job based on your original job, such as creating a parody song.
Public returns of the work. This right controls the performance of your song on the radio, in clubs or restaurants, on television, or anywhere else where the performance will be considered "public".
Right of interpretation. This right corresponds to the musicians who have intervened in a recording or performance of a work.
When the musicians are not the authors of the work they perform. For example, in a classical music orchestra, where they perform works in the public domain (exempt from copyright), the musicians collect the performance rights.
Intellectual property law:
While copyright holders for music compositions and sound recordings enjoy the same exclusive rights, in many respects, Congress imposed a limitation on the public performance rights of sound recordings through the Law on the Intellectual property and sound recording or public communication. Under this Act, there is an exclusive public performance right for music composition and sound recording, but permission to use a sound recording will only need to be obtained if the recoding is being broadcast to the public through the media. digital. Depending on the nature of the digital audio transmission, that is, whether it is interactive / non-interactive or subscription-based, it will determine the license that must be paid.
Management entities:
Public performance licenses are generally managed through management rights organizations (PRO): SGAE, ASCAP, BMI… For sound recordings that are transmitted digitally, licensing is managed through AGEDI, SOUND EXCHANGE… or with the owner of the sound recording rights depending on the nature of the license required.
The performance rights of musicians are managed by AIE.
Duration of Copyright
The duration of a music composition's copyright will depend on a number of factors, including when the work was created (when the work was posted), when it was published, when it was published. created the work, and if proper renovation and registration were submitted.
The term of copyright protection depends on the date of creation. As of January 1, 1987, a work created is normally protected by copyright from the time of its creation until 70 years after the author's death. The musics then become public domain.
In this case, it implies that the works can be exploited by anyone, but always respecting the moral rights of their authors.
Licenses for use of copyright:
Use licenses
There are a number of different situations in which a license must be negotiated between the parties. These situations include:
Reproduction and Distribution: To reproduce and distribute a sound recording, you must obtain a license to the original recording from the copyright owner. To use the underlying music composition, a compulsory mechanical license must be obtained.
Reproduction of audiovisual works: If you want to use a sound recording in a visual work, such as an advertisement or a movie, you must obtain a license to the original recording from the copyright owner. To use the underlying music composition, a separate sync license must be obtained from the copyright owner.
Public Playback: If you want to publicly perform a work, you must obtain a license for music composition, and if applicable, sound recording. For music users such as radio stations or restaurants, Televisions… a global license is normally managed by management rights organizations. These are directly responsible for licensing their works and distributing their proportional part among the musicians.
From what we can see the world of the authorship of the musicians is complex, but it is beneficial for the safeguard of the rights of these. We must think that a large part of the income of the musicians / composers is from copyrights, therefore it has to be well regulated and, above all, well applied by the users / clients.
