Copyright in musical works: how to protect your music?

Music is a universal language that can unite people, give emotions and inspire. But for musicians and composers, music is also the result of their creative work, their intellectual property. And like any property, it needs to be protected. Copyright in musical works is the very mechanism that allows authors to control the use of their music and receive remuneration for their work.

Today, in the digital age, when music has become more accessible than ever before, the issue of copyright protection is of particular relevance. Unlawful copying, distribution and use of musical works is not just a violation of the law, it is also a devaluation of musicians’ work and a blow to the music industry as a whole. Therefore, this article will be useful for anyone who creates music and wants to understand how to protect their rights and interests.

Section 1: Objects of copyright in music

Before we dive into the jungle of legal intricacies, let’s find out what exactly is subject to copyrightprotection in the music field. In other words, what objects of musical creativity can be protected by law?

In this section, we will look at the main categories of musical works that are subject to copyright. We will talk about songs, instrumental compositions, and arrangements and their legal status.

Subsection 1.1: Music with lyrics (songs)

The most common object of copyright in music is, of course, a song. A song is a unity of two components: music and lyrics. And copyright protects both the musical and literary parts of a work.

It is important to understand that the author of the music and the author of the lyrics are usually different people, and each of them has their own copyright.

• Music author: The composer who created the musical component of the song (melody, harmony) owns thecopyright to the music.
• Author of the lyrics: The poet who wrote the lyrics of a song owns thecopyright in the lyrics as a literary work.

If the music and lyrics were created by the same person, then that person is the author of both the music and the lyrics, and, accordingly, owns the entirety of thecopyright in the song. If the song was created by a composer and a poet, they are co-authors, and their rights are governed by the relevant agreements between them.

Often, the rights to the music and lyrics are owned by different persons, which raises questions about their joint use and distribution of remuneration. These issues are usually resolved by entering into an agreement between the co-authors.

Thus, a song is a complex object of copyright that includes two independent works: music and lyrics.

Section 1.2: Music without lyrics (instrumental compositions)

Not only songs, but also instrumental compositions, i.e. music without words, are full-fledged objects of copyright. The situation is simpler than with songs, because there is no division between music and lyrics. An author of an instrumental composition is a composer who has created a piece of music expressed in the form of melody, harmony, rhythm, timbre, etc.

What are instrumental compositions? In fact, any music that does not contain lyrics. Here are just a few examples:

• Classical music: symphonies, sonatas, concertos, pieces for various instruments.
• Jazz compositions: improvisations, standards, original works by jazz musicians.
• Electronic music: tracks in various genres of electronic music (techno, house, trance, etc.).
• Film and video game music: soundtracks, instrumental themes, background music.
• Ethnic music: folk melodies, arrangements of folk songs for various instruments.

The author of an instrumental composition has the same rights as the author of a song: the right to reproduce, distribute, publicly perform, process, etc. He can control the use of his music and receive remuneration for it.

So, whether you write symphonies or create electronic tracks, your music is copyrighted and you have full control over its fate.

Unit 1.3: Arranging

An arrangement in music is essentially a reworking of an existing piece of music. The arranger takes the original melody and harmony as a basis and creates a new instrumental version, adding his or her own creative elements. And here the question arises: is an arrangement an object of copyright?

The answer is yes, arrangements are recognised as a separate object of copyright. The arranger is considered to be the author of a new work derived from the original. However, the rights of the arranger are inextricably linked to the rights of the author of the original work.

What does this mean in practice?

• The arranger must obtain permission: In order to create and use an arrangement, permission must be obtained from the author of the original musical work or other copyright holder.
• The arranger has rights: After obtaining permission and creating an arrangement, the arranger acquires copyright in his or her arrangement as a separate work.
• The arranger’s rights are limited: The arranger cannot prohibit others from making their own arrangements of the original work. He also cannot use his arrangement without the consent of the author of the original work.

Thus, an arrangement is a kind of “bridge” between the author of an original work and a new creative vision of that work by another person. Copyright recognises and protects the rights of both the author of the original and the author of the arrangement, creating a balance between their interests.

Section 2: The rights of authors of musical works

We have already found out which musical works are subject to copyright. Now it’s time to take a closer look at what rights music authors have.

In this section, we will discuss the exclusive rights of authors, which allow them to control the use of their works and receive remuneration for their work. We will look at the right to reproduce, distribute, publicly perform and process musical works.

Subsection 2.1: The right of reproduction

Let’s start with one of the most important rights of the author of a musical work – the right of reproduction. What does this term mean in the context of music?

The right of reproduction is the exclusive right of the author to authorise or prohibit the recording of his or her musical work on any material medium. Only the author can decide whether his music will be recorded on a CD, vinyl record, audio cassette, or saved as a digital file.

Here are some examples of how a piece of music can be reproduced:

• Recording in a recording studio: When musicians record their music in a studio, this is reproduction.
• Making copies on CDs or other media: Making discs of music for sale is also reproduction.
• Downloading music from the Internet: Even simply downloading a music file to your computer is technically reproduction, although there are nuances to consider for personal use.
• Creating a MIDI file: Recording a piece of music in MIDI format is also considered reproduction.

Any copying of a musical work without the author’s permission is an infringement of the author’s right of reproduction. This applies to both commercial use of music and copying for personal use (with certain exceptions, which we will mention later).

Therefore, if you want to record or make a copy of a musical work, you need to obtain permission from the author or other copyright holder. This will help you avoid misunderstandings and legal problems in the future.

Subsection 2.2: The right of distribution

Let us consider one more important right of the author of a musical work – the right of distribution. This right is closely related to the right of reproduction, but has its own peculiarities.

The right to distribute is the exclusive right of the author to control how copies of his or her musical work (e.g., discs, files, records) will reach the end consumer. The author may allow or prohibit the sale, donation, rental or other forms of alienation of copies of his or her work.

How does this work in practice?

• Selling discs or records: When a music label sells discs with music, it distributes copies of the work. To do this, they need permission from the author or other copyright holder.
• Selling digital copies: Selling music through online stores such as iTunes or Google Play Music is also distribution.
• Distribution through streaming services: Platforms such as Spotify or Apple Music, although they do not sell physical copies, are also considered to distribute music because they provide access to it through a subscription.

It is important to understand that after you have purchased a legal copy of a musical work (for example, by buying a disc in a store), you have the right to resell, give it as a gift, or rent it without the author’s permission. This is called “exhaustion of rights”.

However, this rule does not apply to digital copies of music. You cannot resell or give away a music file downloaded from the Internet, as this would be considered illegal copying and distribution.

Thus, the right of distribution gives the author the opportunity to control the commercial use of his music and to profit from it.

Subsection 2.3: The right to public performance

Let‘ s move on to the right of public performance. This is one of the most important rights of the author of a musical work, especially for those whose music is often played on radio, television or at concerts.

What is a public performance? This is any performance of a musical work that takes place in a public place or is broadcast for the public to hear. Only the author has the right to allow or prohibit such use of his or her work.

Here are some examples of public performances:

• Live concerts: Performing music at concerts, festivals, and clubs is a classic example of a public performance.
• Broadcasting on radio and television: When music is broadcast on a radio station or television channel, this is also a public performance.
• Use of music in public places: Playing music in shops, restaurants, cafes, shopping centres and other public places also falls under the definition of public performance.
• Public performance by means of technical means: For example, when music is broadcast over a loudspeaker in a stadium.

It is important to understand that for any public performance of of a musical work, you must obtain permission from the author or other copyright holder. This is usually handled by collective management organisations (CMOs), which issue licences for public performance of music and collect remuneration for authors.

In this way, the right of public performance ensures that authors are remunerated for the use of their music by a wide audience.

Subsection 2.4: The right to process

Last but not least, the last but not least property right that we will discuss in this section is the right to remake a musical work. This right allows the author to control the creation of any derivative works based on his original music.

What is considered a reworking in music? Here are some examples:

• Creating remixes: When a DJ takes an original track and creates a new remix based on it, changing the arrangement, tempo, adding new sound effects, this is a reworking.
• Creating cover versions: Recording a new version of a song by another artist with a partial change in arrangement or interpretation is also a reworking.
• Creating a medley: A medley is a piece of music consisting of sequentially connected excerpts of other works. Creating a medley is a reworking.
• Use of a part of a work in another work: Even the use of a small fragment of a musical work (e.g. a melody or rhythmic part) in another work can be considered a reworking if the fragment is recognisable and substantial.

It is important to distinguish between an arrangement and a mere performance of a work. A performance is an interpretation of an existing piece of music without changing its structure or content. A reworking involves the creation of a qualitatively new work based on the original.

The author has the exclusive right to remake his or her musical work. This means that no one can create remixes, cover versions, medleys or otherwise alter his music without his permission. This right allows the author to retain control over his work and protect his original style from unwanted changes or distortions.

Chapter 3: How to protect your rights to music?

We’ve already looked in detail at what rights belong to authors of musical works. Now let’s talk about the practical side of the issue: how can these rights be protected? What steps should a musician take to protect their work from illegal use?

In this section, we will look at the main ways of protecting copyright in music: copyright registration , the use of the © sign (copyright), and cooperation with collective management organisations (CMOs).

Subsection 3.1: Registering copyright

Although copyright in a musical work arises automatically from the moment it is created, regardless of registration, official registration has certain advantages. It can be compared to registering ownership of real estate: you are already the owner, but an official document will not be superfluous.

What are the advantages of registration?

• Legal proof of authorship: A registration certificate is an official document that confirms your authorship of a musical work. It can be a powerful piece of evidence in court in case of an authorship dispute.
• Fixation of the date of creation: Registration fixes the date of creation of a work, which can be important for determining priority in case someone else claims rights to the same work later.
• Simplification of the procedure of rights protection: In case of infringement of your copyright, the presence of a registration certificate will greatly simplify the procedure of proving your rights and bringing the infringer to justice.
• Preventive measure: Information about a registered copyright can scare off potential infringers who will not want to mess with an officially protected work.

How to register copyright in a musical work?

In Ukraine, copyright registration is carried out by the Ukrainian National Agency of Intellectual Property Rights (URIPR). The registration procedure involves submitting an application in the prescribed form, a copy of the work (sheet music and/or sound recording) and a document confirming payment of the registration fee.

Although registration is not mandatory, it is an important tool for protecting your copyright as a musician or composer.

Subsection 3.2: Using the © mark

The copyrightmark, or copyright notice (©), is a simple but effective way of letting the world know that your work of music is copyrighted by. Using this mark is not mandatory, but it can be an additional means of protecting your rights.

What is the correct way to use the © mark for musical works?

The © mark must be accompanied by the following information:

1. The name of the author or the name of the copyright holder: This can be the name of the composer, the name of the musical group, or the name of the company that owns the rights to the work.
2. Year of first publication of the work: This is the year in which the work first became available to the public (for example, the year of an album release or first public performance).

An example of the correct design of the © sign:

© Ivan Petrenko, 2023

or

© The band “Musicians”, 2023

Where to place the © symbol?

• On music publications: The © mark is placed on the title page or on the first page of the music text.
• On sound carriers: The © mark appears on the carrier itself (e.g. a CD) and on the cover.
• In digital files: The © mark can be included in the metadata of a music file.

Important to remember: The © symbol alone does not create copyright. It only informs you that the work is protected. However, the use of this mark can act as a deterrent to potential infringers and help protect your rights.

Section 3.3: Working with collective management organisations

Collective management organisations (CMOs) are non-profit organisations that collectively manage the economic copyright of authors. They act as intermediaries between authors and users of musical works, simplifying the procedure for obtaining permissions to use music and ensuring payment of royalties.

Why can cooperation with a CMO be beneficial for music authors?

• Efficient collection of remuneration: CMOs have an extensive network of representatives and can efficiently collect remuneration for the use of musical works throughout the country and even abroad.
• Simplified licensing procedure: Instead of negotiating with each individual user (e.g. radio station, TV channel, restaurant), the author can enter into an agreement with a CMO, which will issue licences to use his works on his behalf.
• Legal support: CMOs can provide legal support to authors in case of copyright infringement .
• Representation of authors’ interests: CMOs represent the interests of authors in negotiations with state authorities, users and other organisations.

Which CMOs operate in Ukraine?

There are several CMOs in Ukraine that specialise in managing copyrights to musical works. The largest of them is Ukrainian Agency of Copyright and Related Rights (UACRR).

How to start cooperation with a CMO?

In order to start cooperation with a CMO, the author needs to conclude an agreement with the CMO on the transfer of authority to manage his or her property copyrights.

Cooperation with a CMO is an effective way for music authors to ensure that their rights are properly protected and that they receive fair remuneration for the use of their music.

Section 4: What to do in case of copyright infringement?

Unfortunately, even the most thorough protection cannot always fully protect against copyrightinfringement . So what should you do if you, as the author of a musical work, are faced with the illegal use of your music?

In this section, we will look at the main steps to take in case of detection of infringement of your copyright. We will discuss how to detect plagiarism, what pre-trial settlement options are available, and how to take legal action to protect your rights.

Section 4.1: Identifying plagiarism

Plagiarism in music is the appropriation of someone else’s music or a part of it and passing it off as your own. This is one of the most serious violations of copyright, which, unfortunately, is quite common in the music industry.

So how do you detect plagiarism?

• Listen carefully to your music: This is an obvious but very important tip. The better you know your music, the easier it will be for you to spot similarities with other pieces.
• Use special apps and services: There are music recognition apps, such as Shazam or SoundHound, that can help you identify a piece of music and find its original. There are also music plagiarism checkers that compare the music file you have uploaded to a large database of music.
• Pay attention to unusual similarities: If you notice that a melody, harmony, or rhythmic pattern in someone else’s work is very similar to yours, this could be a sign of plagiarism.
• Follow music news and forums: Sometimes information about plagiarism cases appears in music news or is discussed in specialised forums.

What should you do if you detect plagiarism?

• Document the plagiarism: Make a screen recording, save the link to the page where the stolen content is posted, and note the date and time of the plagiarism.
• Gather evidence: You will need proof that you are the author of the original work (e.g. sheet music, drafts, audio recordings, copyright registration certificate) .
• Proceed to the next steps: Try to resolve the situation amicably or take legal action.

Detecting plagiarism is only the first step towards protecting your copyright. Next, you need to act decisively and consistently to bring the infringer to justice.

Subsection 4.2: Out-of-court dispute resolution

Before going to court, you should try to resolve the conflict amicably. Pre-trial settlement of a dispute can save you time, money and nerves.

What are the options for pre-trial settlement?

• Negotiating with the infringer: Try to contact the person or organisation that is infringing your copyright at. Put your claims in writing and suggest ways to solve the problem. The offender may not be aware that they are violating your rights and may be willing to meet you halfway.
• Sending a complaint: If negotiations fail, send a formal complaint to the infringer. The complaint should clearly state the nature of the infringement, your demands (e.g. to cease the illegal use of the work, to pay compensation), and warn that you may take legal action if your demands are not met.
• Engage a mediator: A mediator is an independent third party who helps the parties to a conflict find a mutually acceptable solution. Engaging a mediator can be an effective way to resolve a dispute without going to court.

Advantages of pre-trial settlement:

• Speed: Out-of-court settlements usually take less time than court proceedings.
• Cost savings: You can avoid court costs, which can be quite significant.
• Confidentiality: Pre-trial settlement allows you to maintain the confidentiality of information that could be disclosed in the course of court proceedings.

However, it is not always possible to resolve a dispute amicably. If the infringer ignores your demands or refuses to compromise, your only recourse is to go to court.

Section 4.3: Going to court

If the pre-trial methods of dispute resolution fail, the only way out is to go to court. This is a more formal and time-consuming way, but it is the most effective means of protecting infringed copyrights.

What do you need to know about judicial copyright protection?

1. Preparation of a statement of claim: You will need to draw up a statement of claim, in which you must clearly state the essence of the infringement, your claims against the defendant, and attach evidence confirming your rights and the fact of their infringement. I recommend that you contact a lawyer specialising in copyright to help you draft a claim correctly.
2. Collection of evidence:You need to provide the court with convincing evidence of your authorship and the fact that your rights have been infringed. This can be:
   • Certificate of copyrightregistration .
   • Original recordings, notes, drafts.
   • Evidence of plagiarism (screen recordings, links to websites).
   • Expert opinions.
3. Payment of court fees: A court fee is paid for filing a lawsuit with the court, the amount of which depends on the value of the claim.
4. Court proceedings: Court proceedings can last from several months to several years, depending on the complexity of the case and the workload of the court.
5. Court decision: Based on the results of the case, the court issues a decision that may satisfy your claims in full or in part, or reject them.

What can you demand in court?

• Cease and desist order: The court may order the defendant to stop the infringing use of your musical work.
• Damages: You can seek damages from the defendant for the losses you suffered as a result of the infringement of your copyright.
• Payment of compensation: By law, you may request payment of compensation instead of damages. The amount of compensation is determined by the court within the limits established by law.
• Seizure and destruction of counterfeit copies: The court may order the seizure and destruction of all illegal copies of your musical work.

Going to court is a serious step that requires careful preparation and knowledge of the law. Therefore, in such a situation, it is strongly recommended to seek the assistance of a qualified lawyer specialising in the protection of copyright.

Conclusions

This concludes our discussion about copyright in musical works. I hope that this information has been useful to you and will help you better understand your rights and the possibilities of protecting them.

In summary, I would like to emphasise the main points once again:

• Copyright in music arises automatically when a work is created and protects both the music and lyrics (in the case of songs), as well as the arrangement.
• Authors have a wide range of exclusive rights, including the right to reproduce, distribute, publicly perform and process their works.
• You can protect your rights by registering copyright, using the © mark, and cooperating with collective management organisations (CMOs).
• In case of copyrightinfringement , there is a possibility of both pre-trial settlement of the dispute and going to court.

Remember that your music is the result of your creative work, your intellectual property, and it must be reliably protected. Do not be afraid to defend your rights and use all available means to protect your work. And knowing the basics of copyright will be a reliable assistant.