The United States Copyright Office defines copyright as "
a form of protection
provided by the United States government to the authors of original works of
authorship."
The owner of copyright generally has the following rights:
-
to make copies of the work (reproduce)
-
to make alternate versions of a work (derivative
works)
-
to sell copies of the work (distribute copies)
-
to perform the work publically (perform by
self or media)
-
to display the work publically (posters or
pictures of the work)
Copyright is secured automatically when a work is created in fixed form (as
either some type of recording or written down as lyrics, sheet music, etc.).
Copyright protection also begins from the time the work is created in fixed
form. However, in situations such as legal disputes, copyright registration
with the US Copyright Office has clear advantages.
Copyright notice is not required, however it is often beneficial.
The following is the copyright notice:
-
The symbol © (the letter c in a circle)
-
The year
-
The name of the copyright owner.
Example: © 2005 John Doe
With regards to music, there are 2 types of copyrights.
-
PA (Performing Arts): for works performed publically by an artist or reproduced by a device and media.
- A performing arts copyright covers the work or song.
- There is only one performing arts copyright per song.
- A performing arts copyright lasts 70 years after the authors death then the song goes into the public domain.
-
SR (Sound Recordings): for a recording of a work. This is
usually an alternative version or recording of a song for which a PA copyright
already exists.
- A sound recording copyright covers recording of a song.
- There can be more than one (or many) sound recording copyrights per song.
- A sound recording copyright lasts 95 years after publication. A song is published once it is created in fixed form.
With regards to
works-for-hire, copyrights are owned by the employer and NOT the creator of the work.
To properly use a sample, a DJ must get get permission from the owner of
both the PA and SR copyrights. This is part of "clearing a sample".
Word of advise: as a songwriter, keeps your copyrights. Never sell them.