Weather you have produced a recorded piece of music or even composed a song in the form of sheet music it is important to consider copyright law and look into licensing your work. In this instance I will be producing three pieces of recorded music to be played back in a public space and will need to consider the appropriate licensing agreements to coincide with copyright law.

So first its probably best to briefly explain what copyright is. The term literally means the ‘right to copy’. This commonly comes in two forms: Copyright protection and copyright registration, two terms that should not be confused. Copyright protection is automatically gained when a piece of work is written or recorded.

“When you create a piece of music and place it in a fixed form (written down as sheet music and/or recorded onto a CD or other tangible media), you automatically have copyright protection. In other words, you own the copyright to that musical work.” (Davis, 2013. p. 7)

 

Registration for copyright is not required however it is often advised as it gives you official proof of the ownership of your work should a dispute ever arise. It is also important to note that when registering for copyright you should know how to differentiate between ‘underlying work’ (Sheet music or documentation) and ‘actual recording’ (Physical CD or alternative method). For example if your license covers the underlying work then others can record this work (With permission) and then obtain a licence for their recording meaning that they will also gain royalties for your music.

“Performance royalties are for the underlying work and are collected on behalf of the copyright owner(s) by Performing Rights Organisations (PRO’s). These organisations collect performance royalties in the form of licence fees from TV and Radio stations and other users of music and distribute royalties to the copyright owners.” ((Davis, 2013. p. 23)

To protect my music from copyright and to attempt to gain the most from my product should it end up being used on a day to day basis by my client I will look to register my music with the Performing Rights Society (PRS). The company allows me to register my music online and then they will collect any royalties on my behalf for the performance of my music within a public space in exchange for a £50 application fee. In terms of my client, his company pays a ‘blanket’ fee on an agreed schedule that covers all music played within the venue. An algorithm is then applied and the fee’s are divided up between the music’s copyright holders. Obviously when delivering the tracks to my client I will explain the conditions of the music being licensed and that if he were to use them in a public space then it would have to be included within his company licence. The use of 3 extra songs wont cost him any money so there shouldn’t be a problem, its just important that any royalties earned from the use of the music are paid to its copyright owner.

Sources:

Davis, J. 2013. The Little Book of Music Licensing. 2nd ed. Online: CreateSpace Independent Publishing.