1. Music Business Essentials
INTRODUCTION
TO MUSIC COPYRIGHT
© 2006 musicbizclasses.com

2. Music Business Essentials
Test Your Knowledge
© 2006 musicbizclasses.com

3. Do I Need Legal Permission
To…
Share popular music downloads with my friends
on the Internet?
Use sampled beats from other musicians in my
own songs?
Play cover songs at parties?
Make “mixtapes” of current hits to promote my
small DJ Business?
© 2006 musicbizclasses.com

4. What is Copyright ?
Copyright is a form of protection
provided by U.S. Federal Law to the
authors of quot;original works of authorship”
for a limited duration
Copyright has two main functions:
– To protect the author's right to
obtain commercial benefit from
their valuable work
– To protect the author's general right
to control how their work is used.
© 2006 musicbizclasses.com

5. What Does U.S. Copyright Protect?
Musical Works
Literary Works
Sound Recordings Architectural Works
Pictorial Works
Dramatic Works
Motion Pictures
& Audiovisual Works
Choreography &
Pantomimes
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6. Music and Copyright
In terms of music, US copyright
addresses several key categories:
Musical Work (“the Song”) =
the underlying musical composition,
comprised of the written notes and lyrics.
Think of the lyrics and notes
on a piece of Sheet Music…
© 2006 musicbizclasses.com

7. Music and Copyright
Sound Recording = the sounds, including
the recording artist's interpretation
of the musical composition, and
the creative efforts of the producer,
sound engineers and background musicians.
Think of the actual recording itself…
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8. How U.S. Copyright Works
The two MOST important
concepts in determining
copyright are:
-- Original Authorship
-- Fixed Expression
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9. How U.S. Copyright Works
Copyright protection is
AUTOMATIC
Copyright protection exists
from the time the work is created
in a fixed, tangible form of expression
Protection is available to both
published and unpublished works
© 2006 musicbizclasses.com

10. What Rights are Protected?
The right to reproduce the work in copies
The right to prepare derivative works
The right to distribute to the public
-via sale, rental, lease or lending
Rights of public performance, display
and transmission
These rights are referred to as
the “bundle of rights” © 2006 musicbizclasses.com

11. What is NOT protected under
U.S. Copyright?
Ideas!!!!
Generic information, such as
facts and numbers-
i.e. standard calendars, height
and weight charts, tape
measures and rulers
Familiar symbols © 2006 musicbizclasses.com

12. What is NOT protected under
U.S. Copyright?
Titles, names, short phrases, and
slogans (covered by “Trademarks”)
Procedures, methods, systems,
processes, discoveries, or devices
(covered by “Patents”)
© 2006 musicbizclasses.com

13. Do I Need Legal Permission
To…
Share popular music downloads with my friends
on the Internet?
Use sampled beats from other musicians in my
own songs?
Play cover songs at parties?
Make “mixtapes” of current hits to promote my
small DJ Business?
© 2006 musicbizclasses.com

14. Key Take-Aways
In the U.S., Original works of artistic
expression are considered the private
property of the creator or author
Copyright protects various forms of
written and artistic expression
Copyright protection does not include
ideas themselves, only expressions of
those ideas
© 2006 musicbizclasses.com

15. Key Take-Aways
The two MOST important concepts in
determining copyright are:
-- Original Authorship
-- Fixed Expression
Copyright protection is automatic, but it is
always best to register your work with the U.S.
Copyright Office
Both Musical Works (Songs) and Sound
Recordings enjoy Copyright protection
© 2006 musicbizclasses.com

16. FOR NEXT CLASS
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17. Exceptions to U.S. Copyright
Public Domain- hymns, patriotic
songs, folk songs, classical music
“Fair Use” – education, research,
reviews, parody, news reporting
Mandatory Licensing
Some Public Performance Rights
© 2006 musicbizclasses.com