Q1. What is copyright?
Q2. Who owns the copyright?
Q3. How long does copyright last?
Q4. What are the rights granted by copyright?
Q5. How can I copyright my music?
Q6. What are moral rights?
Q7. What does ‘joint authorship’ of a work mean?
Q8. What does a ‘co-written work’ mean?
Q9. What is copyright infringement?
Q10. What happens if someone infringes copyright?
Q11. Are there any exceptions to copyright?
Q12: Can I make copies for my private use?
Q13. Can I use samples of other people’s music?
Q14. What do collecting societies do?
Q15. What do music publishers do?
Q16. What is British Music Rights doing to raise awareness about copyright?
Q17. Where can I find out more about other music industry organisations?

Q1. What is copyright?

Copyright, also known as intellectual property or IP, allows people to own the fruits of their creativity in the same way that they can own physical property. It enables creators to earn money from their work. It also protects their work and allows them to control how other people use it. It is an enormous incentive for people to carry on being creative and contributing to culture, society and the economy in the UK. Copyright law aims to balance the interests of those who invest their time and effort in creating work, with those of the people who want to use and enjoy that work.

As soon as you create an original musical work i.e. it is not copied from someone else’s work, and it is recorded in some form, written, audio or visual, you automatically own the copyright in that work.

With regard to music, copyright can exist in:

• The music (‘musical works’)
• The lyrics of the song (‘literary works’)
• The sound recording itself. Note - only the initial (prototype) recording will be protected by copyright.
• There might be additional copyright protection accompanying a CD for example:
  - If the CD cover has a photo or design on it that might be protected by copyright as an artistic work, and
  - Any written commentary about the music or song might be protected by copyright as a literary work, and
  - There might even be copyright in the way in which the printed words of the commentary are arranged (i.e. in the ‘typographical arrangement’).

Q2. Who owns the copyright?

• Composition: In general, the author is the first owner of the copyright (unless the work is created in the course of employment, in which case the employer generally owns the copyright).
• Sound recordings: Generally, the producer, the person who has made the arrangements for the recording to be made or who paid for the recording to be made.

Q3. How long does copyright last?

If you are the author of a literary, dramatic, musical or artistic work, it generally lasts for the whole of your lifetime plus 70 years afterwards.

If you are the author of a sound recording or a performer, it generally lasts for 50 years from the end of the year in which the recording was released or the performance made.

After copyright expires, the work will fall in the public domain.

Q4. What are the rights granted by copyright?

Copyright owners are granted a number of rights (which they can also authorise others to carry out on their behalf), including:

• The right to copy the work (reproduction right)
• The right to issue copies of the work to the public (distribution right)
• The right to rent or lend the work to the public (rental or lending right)
• The right to perform, show or play the work in public, does NOT apply to artistic works (public performance right)
• To communicate the work to the public (e.g. by traditional broadcast or by making it available on the internet)
• The right to make an adaptation of the work, or do any of the above acts in relation to an adaptation, ONLY applies to literary, dramatic, or musical works (adaptation right)

Q5. How can I copyright my music?

As soon as you create an original musical work i.e. it is not copied from someone else’s work, and it is recorded in some form, written, audio or visual, you automatically own the copyright in that work.

There is no requirement to register copyright in the UK. However in certain countries attaching the copyright notice (see point 1, below) to your work is obligatory for it to be protected by copyright. You may wish to take the following precautions so that you can prove that it is your work in case anyone copies or uses it without permission in the future.

1. You should always write the international copyright symbol ©, the name of the copyright owner (i.e. you the creator) and the year in which the work was first written clearly on the original and on every copy of the work. Anyone who uses your work will then be made aware that it is is protected by copyright (although it cannot prevent them from using it without permission).

2. Put a copy of the work (on paper or as a recording) in an envelope, sign your name across the seal of the envelope and send it to yourself by recorded delivery. Do NOT open the envelope when you get it back but write the title of the work on the outside of the package (so you can remember what’s inside) and store it in a safe place. As long as the package has a date stamp and is unopened, this proves that your work existed at a certain date; this could be very useful if you ever need to claim for infringement of your copyright in future. (You would, however, still need to prove other criteria for example that the composer of the offending work heard or had access to your work in order to prove that your copyright has been infringed.)

3. Finally, you may wish to deposit your work with a solicitor or with the Stationer’s Hall (www.stationers.org) who will charge a fee for this service.

Q6. What are moral rights?

‘Moral’ rights are an additional form of protection which protect the personality of the author or creator, as opposed to his economic interest right. An author or creator cannot assign or transfer his moral rights during his lifetime but an author can waive his right in a written instrument. The 3 main moral rights are:

• The right to be identified as the owner of the right whenever a work is published, performed or communicated to the public (‘the paternity right’). The author must ‘assert’ this right in writing for example by including a suitable clause in each publishing contract.
• The right to object to a ‘derogatory’ treatment of your work (‘the integrity right’). Treatment is derogatory if it distorts or mutilates a work or is otherwise prejudicial to the honour or reputation of the author. The author is the one who generally decides whether or not the use of his work is ‘derogatory’.
• The right not to have a work falsely attributed to you.

The integrity and paternity rights last as long as the copyright in the work. The right not to have a work falsely attributed to him expires 20 years after that person’s death. If the author dies, the rights pass to whoever is elected in the author’s will or to the person receiving the copyright.

Moral rights exist in virtually every country, but can vary in scope from one country to another (e.g. in France, moral rights last forever) as they are not harmonised at EU level.

Q7. What does ‘joint authorship’ of a work mean?

A work is one of joint authorship if:

• it is created by two or more authors who have collaborated to create a work,
• each author contributed to the work and
• all contributions together form an integrated whole in which it is impossible to identify the individual contributions.

Joint authors jointly own the copyright and it lasts for 70 years from the death of the last surviving author.

Q8. What does a ‘co-written work’ mean?

A work can be identified as a ‘co-written work’ if:

• it is created by two or more authors
• each author contributed to the work and
• the contributions are distinct and can be allocated to individual creators (i.e. all contributions do not form an integrated whole) eg a song where a composer wrote the music and a different person wrote the lyrics (words).

In the UK these works are considered to be completely separate and therefore the term for each work (the literary work and the musical work) is calculated independently according to the death of each individual author.

However in some EU Member States such as France, co-written works are regarded as works of joint authorship and the term is calculated from the death of the last surviving author. The resulting disparity in the term of protection throughout the Community has led to considerable challenges on the licensing of works (for more information see the paper ‘EU Staff Working Paper on the review of the EC legal framework in the field of copyright and related right - British Music Rights comments’ 30th October 2004, available on the Submissions page of our website.)

Q9. What is copyright infringement?

Infringement occurs when someone misappropriates the whole work or a substantial or signifcant part of it without permission of the copyright owner, even if the infringer is unaware that he is infringing copyright.

There is no specific rule about this. Sometimes just using a very small part of a work (e.g. a few music notes such as the first four notes of Beethoven’s Fifth Symphony) could amount to infringement if it forms the most essential part of the original work. If a few notes immediately bring to mind the original song, there will definitely be infringement of copyright if that part of the work was used without the copyright owner’s permission.

Q10. What happens if someone infringes copyright?

The copyright owner is entitled to bring civil proceedings for infringement and to seek redress in the same way as if any other property right had been infringed. For example, he may be awarded damages, or may obtain an injunction in order to stop the infringement immediately. Copyright infringement can also trigger criminal liability with a maximum penalty for an offence of ten years imprisonment.

UK law distinguishes between primary and secondary infringement of copyright:

• To perpetrate, or authorize the perpetration of, any of the acts restricted by copyright without the copyright owner’s consent constitutes primary infringement.
• To encourage or assist a primary infringer (e.g. companies who deal with infringing copies, or who facilitate such copying, or facilitate public performance) amounts to secondary infringement. This can be more difficult to prove since liability depends on the secondary infringer knowing or having reason to believe that the activities were wrongful.

If you are a copyright owner who believes someone has infringed your copyright, and you do not have the necessary means to pursue an infringer before the courts, you can contact the MCPS-PRS Piracy Unit: www.mcps-prs-alliance.co.uk or 020 7306 4053.

Q11. Are there any exceptions to copyright?

Exceptions to copyright do exist, specifically to establish a balance between the interests of copyright owners and the public interest. This means that certain acts normally restricted by copyright are allowed under specific circumstances without the consent of the copyright owner e.g. the use of a copyright protected works by librarians or educational establishments, for only transitory recordings by broadcasters and “time shifting” (i.e. copying broadcast transmissions to watch at a more convenient time).

The “fair dealing” exception e.g. dealings with a work for the purposes of criticism, review and news reporting, is not infringing copyright in the work as long as the work is used in a ‘fair’ way and it is accompanied by sufficient acknowledgement of the author of the work. Another fair dealing exception is that recognized for research and private study. However it is limited to literary works (therefore music and recordings are not subject to this exception).This should not be confused with the US concept of fair use.

The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) which a work will become part of when its copyright protection has expired. Copyright establishes a healthy balance between the interests of the creator and the public domain establishing an incentive for creativity and innovation whilst at the same time respecting the interests of the general public.

Q12: Can I make copies for my private use?

Broadly speaking, no. Under UK law any act of copying that takes place without the authorisation of the copyright holder is illegal (the UK is one of the few countries in the European Union without an exception for private copying or a "blank tape" levy system). But whilst in theory all unauthorized acts of private copying in the UK could be pursued as infringements of copyright, in reality it is highly impractical to do so.

The main categories of private copying are:

• Copying from a physical format such as a CD or DVD to another physical format or device, such as an MP3 player or hard drive.
• Copying from an online format, such as an online music services, onto a physical format or device.
• Copying from broadcast transmissions. This is currently permitted under UK copyright as a “time-shifting” exception e.g. it is permissible to record a programme to watch at a later date. However, this doesn’t create a ‘right to copy’. For example, subscription systems and on-demand TV cannot be copied using this provision.

The music industry is concerned that the volume of sales of blank media has increased to an enormous level and that new technology is also enabling the unlimited reproduction of perfect clones from one original product. Without any mechanism for compensation, composers and publishers are losing out.

Q13. Can I use samples of other people’s music?

Sampling is the use of portions of someone else’s recording which are incorporated into a new composition and is widespread in the music industry today. However, if you sample someone's song/tune without permission, you infringe copyright in the song itself (usually owned by the songwriter or the publishing company) and in the sound recording (usually owned by the record company).

As a rule, you should always obtain permission from the copyright owner(s). Authorisation to use the sample will often be given by way of licence. The fee for the licence will vary depending on how much of the original sample is used, the music intended to be sampled (it will be more expensive to use part of a famous song than an unknown drum beat) and the intended use of the sample in the new composition (it will be more expensive to build the whole new composition around the sample than to use it incidentally in the new composition).

For more information on uploading and downloading music from the internet: see www.pro-music.org

Q14. What do collecting societies do?

Collecting societies act on behalf of their members (e.g. composers, publishers, etc) to negotiate licensing agreements with third parties who wish to use or copy music, ensuring as far as possible that the copyright owners are fairly rewarded for the use of their music. They also collect the royalties derived from these agreements and distribute them to the owner of copyright.

The Mechanical-Copyright Protection Society (MCPS) and Performing Right Society (PRS) represent UK songwriters, composers and music publishers. They license the use of their music use in the UK and pay their royalties, which allows writers to write more music without having to worry about chasing their royalties.

PRS: Collects and distributes music royalties to its members generated when music is performed or broadcast in public e.g. in a pub, at a live concert, on the radio, via the internet, or even as background music in a shop.

Who needs a PRS licence? Radio and TV broadcasters, pubs, clubs, restaurants, shops, Digital Service Providers and Mobile Network Operators.

MCPS: Collects and distributes mechanical music royalties to its members generated by the copying or recording of the music onto different formats (e.g. CDs, DVDs and records, and using music in TV and radio programmes, films and on websites) or when copies of the work are issued to the public.

Who needs an MCPS licence? Producers of CDs, DVDs, records, TV programmes, films, Digital Service Providers and Mobile Network Operators.

More information is available at www.mcps-prs-alliance.co.uk

Q15. What do music publishers do?

Music publishers play a vital role in ensuring that composers and songwriters are paid for the use of their music by promoting, licensing, managing and safeguarding the copyright in their work. They perform a variety of functions on behalf of songwriters including:

• Finding new and talented songwriters and composers and encouraging and supporting them as they develop their skills, whether through helping with their living expenses, providing them with the facilities they need to produce music or offering advice and guidance in writing for particular markets;
• Securing commissions for new works and helping to coordinate work flow;
• Registering the works of songwriters and composers with all appropriate collecting societies and agencies, such as MCPS and PRS;
• Producing performance materials (score and parts) and demonstration recordings;
• Producing and licensing the production of printed music;
• Preparing promotional materials, including sampler CDs, study scores, etc;
• Promoting composers and songwriters to performers, broadcasters, record companies and others who use music on a commercial basis;
• Licensing the use of music;
• Monitoring and tracking the use of the music they own and ensuring that proper payment is made for all licensed uses;
• Making royalty payments to songwriters and composers in respect of the usage of their music;
• Taking appropriate action against anyone using music without the necessary licence;

The relationship between a music publisher and a songwriter/composer is supported by a publishing contract setting out the rights and obligations of each to the other. Under these contracts songwriters and composers assign the copyright in their music to the music publisher in return for a commitment to promote, exploit and protect that music. The publisher agrees to pay the songwriter/composer a percentage of any income earned from such exploitation as royalties.

More information about what music publishers do is available from the Music Publishers Association – www.mpaonline.org.uk

Q16. What is British Music Rights doing to raise awareness about copyright?

We hope that by encouraging the creators and consumers of tomorrow to develop a respect for their own and others’ creative work, and a real appreciation of the value of music, we will ensure the UK music sector remains healthy in the future.

British Music Rights is at the heart of discussions on creative education and skills development, on bodies connected to the Music Manifesto, the enterprise agenda, Creative and Cultural Skills, and on IP education, and we sit on the CREATE group – the joint government and creative industries body that works strategically to promote copyright education in education and the world of work. We are also involved in a number of education and awareness initiatives:

‘Respect the Value of Music’ Lesson Plans
British Music Rights’ ‘Respect the Value of Music’ lesson plans are designed to educate 11-14 year-olds about the value of creativity and about copyright in relation to the music industry. The initiative is supported by Lucie Silvas, David Arnold and Guy Chambers. More than 1,700 UK teachers have already requested their free packs, which can also be downloaded from our website.

Young Enterprise
British Music Rights is collaborating with Young Enterprise, the UK's largest business and enterprise education charity, to develop the Young Enterprise Quickstart Music Programme. Young people will set up and run mini music enterprises within their schools and through this will gain real business experience and enterprise skills, along with an understanding of IP and how copyright can help people to make a living from their ideas and creativity.

Music Manifesto
The Music Manifesto was launched by DfES and DCMS in 2004 to improve opportunities in music for all young people. Organisations and individuals contribute by signing up to the Manifesto and pledging programmes and resources. British Music Rights was the first organisation to fulfil one of its pledges and as a member of its steering group, is helping to shape its legacy.

‘Respect the Value of Music’ PR Campaign
We also run an ongoing awareness campaign called ‘Respect the Value of Music’. Its primary objective is to raise awareness in the media and among consumers of the value of music.

For more information, please visit the Education section of our website.

Q17. Where can I find out more about other music industry organisations?

There is more information on the Links section of our website.