Download Music Copyright Basics - MTS Stories From Home

MUSIC COPYRIGHT INFORMATION
1.
2.
3.
4.
5.
6.
7.
8.
Introduction
What is music copyright?
What types of licenses do I need? The difference between synchronization and master rights
What is a music publisher?
How do I locate a music publisher?
How do I locate a master owner?
How do I get the clearance?
Getting the license
INTRODUCTION
In a film or video production, music can come from one of three sources:



original music composed specifically for the production;
existing music in the public domain; or
existing music that is not in the public domain.
We are concerned with existing music that is not in the public domain and therefore copyright
protected.
WHAT IS MUSIC COPYRIGHT?
Under Canadian law, a musical work is copyrighted if its author is still living, or if the author died
less than 50 years ago. If more than one author created the work, copyright extends until 50 years
after the death of the last surviving author. In the language of copyright, "author" means both the
composer of the music and the lyricist.
If more than 50 years have elapsed, the work is said to be "in the public domain". This means that
there is no copyright and, in effect, no one owns it. An arrangement of a public domain work,
however, is itself copyrighted for the life of the arranger plus 50 years.
The owner of a copyright has certain exclusive rights regarding the use of the musical work. Put
simply, this means that he or she is the only person that can make copies of the work or perform it
in public, and is the only person that can authorize others to do the same. If a person exercises
those rights without the copyright holder's consent, such use is called an infringement of the
copyright, and is subject to civil and criminal proceedings.
How do I know if a song is under copyright protection?
It is a good idea to assume that every song is protected. If it’s a well known composer, a quick
internet search should give you some basic information. If the last living writer’s date of death was
before 1962 (50 years ago) then the work is in public domain. This does not, however, mean that
any pre-recorded versions are copyright free as there could be arrangers involved.
Examples:
Twinkle Twinkle Little Star – this song is traditional and in the public domain.
Twinkle Twinkle Little Star – traditional, but with an arranger (eg. Fred Penner) – you must still get
permission to use this version of this song.
WHAT TYPE OF LICENSE DO I NEED? THE DIFFERENCE BETWEEN SYNCHRONIZATION AND
MASTER RIGHTS
There are two types of music copyrights that every production must be concerned with: copyright
in the composition and copyright in the recording.
A synchronization license covers the use of the composition, whether pre-recorded or not. This type
of clearance allows you to sync a copyrighted work to your production. Any kind of visual paired
with protected music requires this license.
A synchronization license generally comes from a music publisher.
A master license covers the use of a specific version of a song by a specific artist. You may still need a
master license of a public domain title if you are using a pre-recorded version.
A master right generally comes from the label.
In most cases you will first and foremost need a synchronization license as this will allow you to use
the composition. You cannot use a copyrighted song without a sync license, even if you have been
granted permission by the master owner.
WHAT IS A MUSIC PUBLISHER?
A music publisher represents the interests of songwriters and composers. A songwriter can act as
his or her own publisher or be represented by a larger organization.
"Music publishing" originally meant the printing and sale of sheet music. Today, although
publishers remain, to a limited degree, in the sheet music business, their main task is the promotion
of the use of their copyrights through two routes: performance rights and reproduction rights.
HOW DO I LOCATE THE MUSIC PUBLISHER?
There are, literally, tens of thousands of music publishers, ranging from giant multi-national
organisations to individual songwriters with very small catalogues. Locating a particular publisher
can be time-consuming and inefficient. For this reason, music publishers have formed larger bodies
to centralise and standardise the process of licensing and collecting royalties.
Some of these bodies, such as CMRRA, BMI and ASCAP have searchable databases that can be
helpful.
HOW DO I LOCATE THE MASTER OWNER?
The master recording is usually owned by the record producer or record company involved. If you
are the producer of the original sound recording, it is likely you own the copyright in the master
recording.
This information can usually be easily located on any copies of the recording you may have. If you
do not have access to this information there are still channels you can use to locate the master
owner. Aside from a general internet search, there are databases such as All Music
(www.allmusic.com) which can be helpful.
HOW DO I GET THE CLEARANCE
Once you have located the publisher and master owner, you will send in a request for a licence. To
do this, you will need certain information about the production. This includes:






A short synopsis of the film
Length of the song selection and how many uses
How the song is used (background, instrumental, performance on screen, etc)
A description of each scene in which the song is used (and is it used in credits)
Rights, territory and term required
Will it be covered by the composer (no master required)
If the copyright owner agrees to grant permission to use the song, they will send you a quote. Most
quotes will contain a Most Favored Nations clause which means that any one licensor will not
receive more benefits than another.
GETTING THE LICENSE
Once all the terms have been agreed to, a license will be issued by each party. Most publishers and
record companies will have their own standard licenses to use. If they do not, it is suggested that
you obtain a license template from your producer.
USEFUL LINKS
SOCAN
CMRRA
SECAC
ASCAP
BMI
PD Works
iTunes
Amazon
All Music
Wikipedia
MySpace
Artist Direct
www.socan.ca
www.cmrra.ca
www.secac.com
www.ascap.com
www.bmi.com
www.Pdinfo.com
www.itunes,ca
www.amazon.com
www.allmusic.com
www.wikipedia.com
www.myspace.com/music
www.artistdirect.com
Performance Societies
Australia
APRA
Austria
AKM
Canada
SOCAN
France
SACEM
Germany
GEMA
Greece
AEPI
Hong Kong
CASH
Ireland
Irish Music Rights Organisation, PPI
Israel
ACUM
Italy
SIAE
Mexico
SACM
Netherlands
BUMA
New Zealand
APRA
Spain
SGAE
Sweden
STIM
United Kingdom
PRS , PPL
USA
ASCAP, BMI, SESAC, ACEMLA (SPACEM)