Why Copyrights Are Essential for DIY Musicians
We've all seen scandalous copyright litigation cases in the last several years: Taylor Swift v. Olivia Rodrigo, Ed Sheeran v. Estate of Marvin Gaye, Robin Thicke & Pharrell v. Estate of Marvin Gaye, Sam Smith v. Tom Petty, Paramore v. Olivia Rodrigo, the list goes on. But what's this all about? What is a copyright, and why is it important for musicians to protect their work?
What is a Copyright?
As defined by the US Copyright office, Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. According to the Oxford Dictionary, a copyright is the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material and to authorize others to do the same.
In the US, technically, you have a copyright the moment you create a work. While that is legally true, this is challenging to uphold in a court of law without physical proof.
While Copyright as a noun and a verb applies to music, Copyrights can be registered for an array of different types of works, including paintings, photographs, illustrations, computer programs, books, poems, blog posts, movies, architectural works, plays, and many more kinds of protectable intellectual property.
What does a copyright protect?
For music, a copyright protects two main factors:
Musical Work - As explained by Copyright.gov, "A musical work is a song's underlying composition (think musical notes on sheet music) along with any accompanying lyrics. Composers and lyricists are both songwriters."
The good news is that if you wrote both the music (composition, chords, production) and the lyrics and melody or have an agreement with your team that you are the sole owner, you are the only person you need to list on these registrations!
If the musical work has more than one writer or composer, entering a Songwriter Agreement is a good idea to disperse proper credits to each contributor.
Sound Recording - This aspect of the Copyright has to do with both the general "sound" and the physical or digital recording of the song. As Copyright.gov states, "A sound recording is a series of musical, spoken, or other sounds created by the performer who is being recorded, the record producer who processes and fixes the sounds, both."
You can choose which copyright type you'd like to submit in the Copyright Registration portal. If you own both the musical work and the recording, you must submit two kinds of forms.
Please note: not all that have the Copyright for the musical work have the Copyright for the sound recording, and vice versa. Some examples include the infamous Taylor Swift and Scooter Braun case over his requisition of her masters from Big Machine, as well as pop/r&b singer Jojo’s inability to have her 2000s records available on streaming services until recently.
A copyright cannot protect song titles, grooves, or genre-specific elements.
Example: A company could print "Slow Burn," a song title by Kacey Musgraves, onto a T-shirt. However, to print the lyric "I'm alright with a Slow Burn," they would need to obtain the license. (Disclaimer: If Kacey were to Trademark the phrase "Slow Burn," the company would need to obtain the rights, but that's another story.)
How long does a copyright last?
For independent artists not signed to labels and without additional stakeholders (or parties that take a piece of your work), the Copyright lasts for the author's life plus 70 years. For works with multiple authors, it is the life of the most extended living copyright owners plus 70 years.
How do I register my music?
Create an account on the Copyright Registration portal to begin your application process.
The Standard Application is for registering individual sound recordings or musical works.
There are two separate applications for group works (multiple works being registered at once). A Group Registration of Unpublished Works allows a user to register up to ten unpublished works all by the same author (or set of authors). Group Registration of Works on an Album of Music enables users to register up to twenty musical works or sound recordings by the same author, or have at least one common author, and if the claimant for the total works is the same.
The US Copyright Office has a contact form/help guide if needed.
When should I copyright my music?
There is no right or wrong time to copyright music, but I suggest Copyrighting music as soon as you have in your possession the versions of your songs that will be sent to digital distribution. It is better to complete this step once you have a release date in mind, as this can be added to the registration as further proof that the work belongs to you.
What happens if I sample or interpolate another song in my work?
To sample something is to take an amount of an existing sound recording to incorporate into your work.
One can sample any component in a song, including a guitar riff (Edge of Seventeen by Fleetwood Mac, sampled in Bootylicious by Destiny's Child), a bass line (Psycho Killer by The Flaming Lips, sampled in Bad Liar by Selena Gomez), a piano line, or the audio recording of a drum sample, and even incorporate entire pieces of the song.
Some notable “sampled” songs include:
"I'm Coming Out" by Diana Ross, used in Biggie Smalls' "Mo Money Mo Problems and Ariana Grande's "Break Your Heart Right Back"
"Harder Better Faster Stronger" by Daft Punk, used in Kanye West's "Stronger"
"I'm With You" by Avril Lavigne is used in "Cheers (Drink to That)" by Rihanna.
"Better Off Alone" by Alice Deejay, used in "Alone" by Kim Petras and Nicki Minaj.
"YA YA" by Beyonce, sampling "These Boots Are Made For Walking" by Nancy Sinatra.
Artists can sample themselves! Fall Out Boy took a sample from their 2003 song, "Chicago Is So Two Years Ago," and sampled it in their 2013 song "Save Rock n Roll."
Samples are not limited to music. Any sound that exists also counts as a sample, like the sound of a crosswalk sign (featured in Billie Eilish's "Bad Guy") or the sound of the Super Mario coin (found in Charli XCX's "Boys").
An interpolation is the act of using part of an existing musical work rather than the sound recording and creating or inserting it into a new work. This differs from a sample in that the interpolation is usually re-recorded, whereas a sample is a chunk taken from one work and chopped into another.
Some examples of interpolation include:
"break up with your girlfriend, i'm bored" by Ariana Grande, which interpolates both "It Makes Me Ill" and "Girlfriend" by NSYNC.
"Perfect for You" by Peach PRC, which interpolates "Stars are Blind" by Paris Hilton
"Flowers" by Miley Cyrus, which interpolates "When I Was Your Man" by Bruno Mars
Representatives and organizations, like the Harry Fox Agency, the Mechanical Licensing Collective, and/or each musician's publishing company, are responsible for approving licenses for their works and what types of licenses and permissions they can allow. Releasing music with samples or interpolations without clearing them first can result in legal action (for example, "Deja Vu" by Olivia Rodrigo interpolating "Cruel Summer" by Taylor Swift).
PRO Tip: if you attempt to contact the rights holder for your sample and are not successful or are denied permission, this is not a substitution for permission to use their materials.
A vital component to the musical livelihood for solo or group DIY artists, utilizing Copyrights is a crucial tool for protecting the intellectual property of musicians and ensuring accurate credit and compensation are always given for usage of their work.
Have you filed a Copyright before? Have you ever written a song based on a sample or interpolation? Let me know in the comments section!
