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About Music Copyrights & Royalties

Copyrights are an important step to ensuring that your musical works do not get stolen, and profited from, by some unknown, unauthorized second or third party. Musical works are creations of long labor, high talent and probably years of dedication and effort. Copyrights and royalties go hand in hand, providing performers, publishers and, most of all, songwriters and composers with income and protection against theft of personal creative works.
  1. Copyright Definition

    • A music copyright is a claim of entitlement to the sole profit, use and distribution of musical works. Copyright laws are in place to protect the creators and distributors of original musical compositions--including melodies, rhythms and lyrics--from unauthorized use and profit by other parties. Copyright for music written after 1978 lasts for the life of the author plus 70 years.

    Copyright Infringement

    • Copyright infringement is a serious offense and can lead to loss of profits and recognition for the creating artist and their distributor, as well as lawsuits and compensation claims against the infringing party. The original Napster's downfall and the subsequent industry-wide reorganization was a direct result of musical copyright infringement committed by a large company for corporate profit. Copyright infringement is, in effect, theft.

    Obtaining Copyright

    • Copyright can be easily obtained for both published and unpublished musical compilations. Published musical works require only the completion of an online application, registration and a single fee by a single party. Unpublished musical collections have the same requirements, plus the submission of one complete copy of the musical work. Musical pieces may be submitted individually or as a collection. Submitting individual works will result in a separate fee for each one, while submitting a collection of works requires just one fee. Fees change regularly, so check with the copyright office website for accurate information. Copyrights may also be purchased from the original creator.

    Royalties

    • Music producers pay performers, songwriters, composers and publishers a set percentage of the profits gained from the sale of albums, radio play, commercial usage and live concerts. This percentage is called a royalty. The amount of the royalty will vary depending on the agreement between producer and client, popularity of the music and the total proceeds earned. Royalties do not come in like a regular paycheck, but rather are distributed periodically throughout the year.

    Famous Cases

    • George Harrison of the Beatles was convicted of 'subconscious plagiarism' in 1976 for the similarity between his song "My Sweet Lord," and a Chiffons song, "He's So Fine." He had to pay $587,000. Michael Bolton was forced to pay $5.4 million to the Isley Brothers in their copyright infringement lawsuit against him over the song "Love Is A Wonderful Thing," the largest sum ever awarded for plagiarism in the history of the music industry. Vanilla Ice had to pay an undisclosed amount to Queen and David Bowie after he stole a sample of their song "Under Pressure" and used it in his hit song "Ice Ice Baby" in 1990.

Recording Music

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