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The right song can give another creative work some added emotional force and create an unforgettable moment for the audience. But if you want to use someone else’s music in your own creative works, you need to have the correct license. Otherwise, you could face a lawsuit or encounter other legal trouble.
The New Jersey copyright lawyers at Gearhart Law know how complicated music licensing laws are and can help you avoid potential legal pitfalls. Join us as we explore the core legal concepts you must understand regarding music licensing, copyrights, and royalties.
The Basics of Music Copyrights
In the realm of music copyright law, it is crucial to distinguish between the two principal types of copyrights: those that apply to the musical work itself and those that pertain to the sound recording of the work.
The copyright of the musical work protects the composition, which encompasses the melody, lyrics, and arrangement. This form of copyright protects the intellectual property rights of the composer or songwriter, prohibiting unauthorized use of the musical composition in any form.
Conversely, the copyright of the sound recording protects a particular recorded performance of a musical work. This includes the unique expression of the music captured during the recording process, extending protection to a given artist’s rendition of the composition. A sound recording copyright ensures that no one can use, reproduce, or distribute the specific recorded version of the musical work without proper authorization.
These dual copyrights form the cornerstone of music copyright law, providing comprehensive protection to both the creators of the musical composition and the performers who bring the composition to life. Anyone wanting to use a copyrighted work must pay royalties to the composer/songwriter, the performer, or both, depending on how they want to use it.
The Six Types of Music Licenses
Depending on how you want to use a piece of copyrighted music, you must obtain the correct license and pay royalties to the composer, performer, or both. The six types of music licenses are:
- Blanket License – Blanket licenses offer a convenient solution for entities like broadcasters, retail outlets, and restaurants that require a diverse selection of background music. Instead of negotiating individual licenses for each song, these establishments can obtain a blanket license that provides access to a broad catalog of music, usually through Performing Rights Organizations (PROs) or Collective Management Organizations (CMOs).
- Mechanical License – A mechanical license grants the right to reproduce and distribute a musical work in physical or digital formats, such as CDs or digital downloads. This license is essential for artists wishing to cover a song, as it ensures that composers and songwriters receive compensation for their work. It is important to note that this license does not cover the use of music in videos, which would require a separate license.
- Synchronization (Sync) License – Sync licenses allow for pairing a piece of copyrighted music with visual media. Factors like the project’s scope, the music’s exposure, and the intended use all impact the cost of a sync license.
- Master Recording License – When a project requires the use of the original recording of a song, such as in films or commercials, the creators must first obtain a master recording license. This license is distinct from a sync license in that it permits the use of the original artist’s recording, including their voice and performance. Each use of a song requires individual negotiation and licensing.
- Public Performance License – Beyond live concerts, public performance licenses are essential for any public playback of music, including events, conventions, and even bars or restaurants that play music. This type of license ensures that composers, songwriters, and publishers receive royalties for the public use of their music.
- Print License – Those looking to reproduce song lyrics or sheet music of copyrighted material must obtain a print license. This license is necessary when creating songbooks or other printed materials featuring the work of songwriters and composers. Obtaining this license ensures that the original creators receive compensation for the use of their written music and lyrics.
Don’t Fall Into Music Licensing Pitfalls. Contact Our New Jersey Copyright Lawyers Today
Failing to obtain the right music license could lead to significant – and expensive – legal trouble. The New Jersey copyright attorneys at Gearhart Law can help you obtain the proper license so you can avoid potential legal traps. Contact us today for a consultation.