Arts >> Music >> Songs & Lyrics

Legal Protection of Ownership for Those Who Write Songs

The writer of a song is afforded certain protections under law. These protections extend to the writer's right to profit from the proceeds of the song, for example, receiving royalty payments for record sales. They also protect the writer of the song against unauthorized sampling and plagiarism. Without such ownership rights, songwriters would be exposed to the risk of exploitation.
  1. Definition of Ownership

    • The moment a song is rendered in a tangible format, it is copyrighted. For example, whistling a melody doesn't assert copyright, but as soon as you write down the score or record the song to tape, it is copyrighted. Proving copyright is a different thing, however. To definitively prove copyright ownership, songwriters typically register the copyright with the Copyright Office at the Library of Congress. This creates a record of the song's existence as well as the owner of the copyright.

    Collaborators

    • Each member of Coldplay receives an equal share of songwriting royalties.

      In cases in which two or more parties write a song, the ownership is split equally among all parties. The words in a song represent 50 percent of the intellectual property, and the music represents the other 50 percent. This gets complicated when musicians collaborate. If one person writes the lyrics and collaborates with another person on the music, the lyricist is entitled to 50 percent plus at least half of the other 50 percent, depending on their contribution. Typically ownership rights are covered in a band's contract, and the goodwill among members plays a part in the arrangement.

    Mechanical and Performance Rights

    • Mechanical rights concern the sound recording of a song, as distinct from the intellectual property of the song itself. For example, if you release a song, you receive royalties for record sales and separate royalties for performance and use of the song in other forms, such as cover versions, reproduction of the lyrics and soundtracks.

    Clearance

    • If a third party wishes to use part of your song in their own recording, they must seek copyright clearance from you. Failure to do so puts the third party at risk of copyright infringement. British singer Robbie Williams was forced to pay damages to Ludlow Music after a court found that lyrics in Williams' song "Jesus in a Camper Van" were too similar to lyrics in the song "I'm The Way," by Loudon Wainright III. Any specific sounds from your recordings are also protected by clearance. If a third party wishes to sample any part of a recording that you own, you have the option to grant or deny copyright clearance. Typically copyright owners grant clearance in return for a royalty.

    Limitations

    • Copyright protection does not extend to cover versions. It's not necessary for someone to seek your permission to perform a cover version of one of your songs. Once a song has been published, it is in the public domain and can be re-recorded. You are still eligible to receive 100 percent of the performance rights for the song, however.

    Term

    • "Happy Birthday" is a public domain work. Nobody receives royalties for its performance.

      The term of copyright protection lasts for the lifetime of the songwriter, and extends to 75 years after their death. Following this period the song becomes a public domain work, and anybody is free to use it.

Songs & Lyrics

Related Categories