What is copyright?

This resource - an overview

This resource is about the basics of Copyright and covers some of the definitions and legal frameworks you may need to know to have an understanding of the law around copyright. It's ideal for someone without any in-depth knowledge of copyright law, who is looking to find clarity on what can and cannot be done with copyrighted material in a musical setting.

Copyright definition

Copyright is a property right that subsists in a number of works. It is not necessary to register copyright; it arises automatically. However, the copyrighted work must be in a material form in order to be protected - copyright is not a right to ideas, it protects the expression of an idea. [1] The economic rights of a copyright owner are expressed in the Copyright Designs and Patents Act 1988 as a series of 'restricted acts' that only the copyright owner can do or authorise. 

These are:

• To copy a work (this includes scanning, photographing, or digitising a work)
• To distribute copies of a work 
• To rent or lend a work 
• To perform, show or play a work in public, including via broadcast or electronic transmission
• To adapt a work

Copyright in summary

• Copyright of a musical work begins automatically once a piece of music is created and documented or recorded. There is no official method to copyright musical works in the UK. [2]

• Copyright is a matter of law - in the UK, this is detailed in the Copyright, Designs and Patents Act 1988.

• UK/EU copyright for musical works lasts for 70 years (starting from the end of the calendar year in which the last surviving author dies). If the work is anonymous, pseudonymous, or created by a company, the duration is 70 years from the end of the calendar year in which the work was made or first made available to the public. [3]

• If the work originates from outside of the European Economic Area [EEA], it is protected by the copyright law of its own country and lasts for as long as specified in its country of origin (if this does not exceed 70 years)

In addition to this, there are separate copyrights for sound recordings and broadcasts.

Each of these copyrights can include a number of different contributors, each with rights in law. For example: Composers, Lyricists, Translators, Arrangers, Editors and Publishers. 

A music publisher invests in intellectual property – in other words, it is only exploited when it is played, performed, copied or heard. One method of exploitation is by sheet music. The companies that make sheet music and songbooks are known as printed music publishers or print publishers. 

NOTE: Permissions to perform or record a work are not automatically transferred when the sheet music is purchased or hired. Generally speaking, you should get written permission from the publisher of the sheet music before carrying out any ‘restricted acts'.

Where the work has originated from outside the European Economic Area (EEA) or the author is not an EEA national, the situation is slightly different. In this situation, the copyright will generally last for as long as the work attracts copyright protection in the country of origin (usually the country where the work is first published) or if not published, the author's national country as long as that period does not exceed the period for which UK copyright law protects works of EEA origin. [4]

EXAMPLE: Darrol Barry died on 3 June 2018. The countdown of 70 years copyright then began at 11.59pm on 31st December 2018, therefore any music composed, edited or arranged by him is still in copyright until 31 December 2088.

EXAMPLE: William Rimmer’s Slaidburn is currently out of copyright. If a publisher published a new edition, then that version would still be in copyright for 25 years from publication and, therefore, permission to perform or record and share the work may be required. However, the original work would still remain out of copyright.

Sources

[1], [4] Copyright Law - An Introduction | PRS for Music

[2]       How Copyright works

[3]      Copyright Notice: Duration of Copyright (Term)

This is part 1 of a 4-part series of resources on music copyright and performance rights.