Creating a song can be a complex process, and when it comes to copyright there are several considerations. While the basics of copyright for music are generally the same as for other types of creative works, there are certain areas where the specifics may differ. This article will explain the four main types of music copyright in relation to song creation.
Performance Rights
Performing rights surround the legal use of a song. This means that whenever a song is performed or played publicly (like in a live performance or radio broadcast) the copyright owner needs to be properly credited and compensated if applicable. As the copyright owner, the artist can choose to assign his/her performance rights to a Performance Rights Organisation (PRO) who will act on behalf of the songwriter to ensure all applicable performance royalties are received.
Mechanical Rights
Whenever someone wants to record and distribute a song, they need to obtain a mechanical license from the song copyright owner. This license permits them to reproduce and distribute the music in accordance with the terms and conditions of the agreement. It is important to note that, unless there is a separate agreement, the producer does not generally have the right to reproduce and distribute the song without consent from the copyright owner.
Synch Rights
Also known as ‘synchronization rights’, these rights grant the copyright owner the power to control how their song is used in film and television. This means that if a filmmaker or broadcaster wants to use a song for their media, they must first obtain a synchronization license from the copyright owner. Without this license, it is unlawful to play or broadcast the song as part of the film or television program.
Print Rights
Print rights refer to the ability to use songs in music books. This may include songbooks and other arrangements that contain the lyrics of a song. It is important to note that the songwriter needs to authorize the use of their songs in any form of printed music to ensure the copyright remains intact.