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Music copyright overview
"Copyright requires a constant balance between the public's interest in promoting creative expression and the public's interest in having access to these works. This is a balance that has often proven impossible to find without the help of Congress". -Hank Barry, Interim CEO, Napster quoted from the 2001 Congressional hearing: Online Entertainment and Copyright Law: Coming Soon to a Digital Device Near You
Purpose of Copyright: The intent of the Copyright Law of the United States is to protect rights for "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device". -U.S. Code Copyright Laws
Copyright ownership: The copyright for an original work may be held by the original author, a publisher, and estate, or others.
The person or group who owns the copyright has the following exclusive rights:
- to reproduce the copyrighted work in copies or phonorecords.
- to prepare derivative works based upon the copyrighted work.
- to distribute copies or phonorecords of the copyrighted work to the public.
- to perform the copyrighted work publicly.
- to display the copyrighted work in films and other audiovisual works.
- in the case of sound recordings, to perform the copyrighted work publicly.
For music, there are often multiple copyright holders: Music publications and recordings may have one separate copyright for the music composition, another for the composer of the lyrics. For recordings, the cover art is covered under a separate copyright, and those involved with production or accompaniment may hold copyrights for their contribution as well.
For more on collaborations of musical works, see the following books in the Multnomah County Central Library: Music Copyright for the New Millenium chapter "Ownership of Copyright" p.36-53 and The Musician's Business & Legal Guide "Collaborator/Songwriter Agreements" p.101-104.
Copyright basics: The Library of Congress Copyright Office has published a useful Internet guide that explains the basics of copyright and services of the Copyright Office. You can also send them a question by e-mail to their Copyright Help Desk.
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