Death of an artist

Question:  How long does copyright last after the death of an artist?
Answer:  For musical compositions, copyright continues until 70 years from the end of the year in which the composer dies.  For sound recordings, copyright lasts until 50 years from the end of the year in which it is first published (ie.  recorded).

mp3 files

Question:  I have heard that I can download mp3 files from the Internet so long as I delete them after use.  Is this correct ?
Answer:  This is a good question and the answer is a little complex.  There are two types of audio transmission.  The first results in a specific reproduction of a sound recording by the recipient.  This is an act restricted to the owner of the copyright under Copyright Law.  An example of such a reproduction is the saving of a computer file that can be played on personal computers or read only devices equipped with the necessary decoding and audio software and hardware.  By storing this material for any time, you are making an unauthorised reproduction and thereby breaching the copyright in the sound recording and the underlying musical composition.  The second act is audio streaming, which occurs with web broadcasting and the recipient of the broadcast will not breach any copyright through listening to the broadcast.  If the broadcast is then recorded, this is the same as taping a radio programme, which, although never really actioned, is in itself is a breach of copyright.  The reason for the difference in attitude (but not in law) lies in the underlying economics.  Downloading for example The Real Slim Shady by Eminem and storing it on the computer may in all likelihood adversely effect sales of the record.  Recording a radio programme which incidentally includes the song is less likely to damage Eminem's sales

Web Radio

Question:  Together with some friends, I have set up a web radio station.  Will I be infringing copyright by playing music on the station ?
Answer:  Unsurprisingly, the answer is yes.  In a record there are two distinct copyrights.  Namely, the copyright in the underlying composition (the original music and lyrics) and copyright in the sound recording of that composition.  The performance and broadcast of any copyright work are acts restricted to the owners of the composition and sound recording. Additionally, you should note that any transmission of a performance can only be with the consent of the Artist.  Radio Stations have to obtain licences from the Performing Rights Society (PRS) and Phonographic Performance Limited (PPL) to clear all these rights.  The PRS and PPL will normally only grant a licence to a radio station broadcasting with the approval of the Radio Authority.  Without the appropriate licences/clearances any transmission by you of such music on your web station will be infringing copyright.

Remixed Records

Question:  Who owns the copyright of a remixed record? Please confirm whether I should enjoy a separate copyright to the original and how I should be paid for the remix
Answer:  A separate copyright will normally arise in a remix, provided that it is sufficiently different from the original so as to comprise a separate original work.  If you are the remixer and have remixed the recording for a record label, as part of the terms of your engagement, you will invariably be required to assign any rights that may arise in such remix (including all copyright) to such label.  In return you will receive payment - normally this will be a one-off flat fee, although depending upon your reputation, you may instead receive an advance and royalty.

Demos/masters/copyright

Question:  My band went into a studio and recorded a demo.  The producer is refusing to hand over the masters, claiming that he owns the copyright.  Is this correct and what can we do?
Answer:  If your band wrote the songs on the demo, you will of course be the owners of the copyright in the music and lyrics of those songs.  However, a separate copyright will also exist within the sound recording.  This is normally owned by the person who recorded the material and paid for the sessions - in your case, the producer at the studio.  Whilst without the copyright in the song the producer will be unable to exploit the material, as owner of the copyright in the sound recording, he is perfectly entitled to retain the masters.  To overcome this problem, you will need the producer to assign the copyright in the sound recording - this will transfer the ownership from him to the band and you will then be entitled to get the masters back.  Obviously you will have to come up with terms you and the producer are happy with.

Copyright

Question:  I have written lyrics for a dance track and have used the vocals of a session singer, for whom I paid a recording fee.  Do I own the copyright in the recording?
Answer:  You will own the copyright in the recording where you are viewed as having made all the necessary arrangements for the production of that recording.  The relevant factors that will determine this will be those such as who paid for the recording, who arranged the studio booking, brought the various performers together, who actually produced the master recording itself, and so forth.  Provided that you are the person that did this, then you will own the copyright.

How long does copyright last?

Question:  I have written a song for my band and I was wondering how long the copyright will last?
Answer:  As a musical work in the UK, the copyright in your song will last for 70 years from the end of the calendar year in which you die.  You should also note that the copyright in the sound recording of the composition will last for 50 years from the end of the calendar year in which the sound recording was made and, if not released immediately, the copyright will expire at the end of the period of 50 years from the end of the calendar year in which it was released.  A sound recording will be 'released' when it is first published, played in public or broadcast.  For these purposes, 'publication' means the issue of copies to the public.

Returned demos

Question:  I have just written my first two songs and was wondering how I go about in obtaining copyright for them? Is it true that I need to place my demo recordings in a sealed envelope and send them back to me?
Answer:  There is in fact no procedural requirements for registering copyright in a work.  Copyright exists immediately upon the creation of an original musical work.  The only requirement being fixation, ie. , that the work be recorded in some form in order to evidence its creation.  The practice of sending one's self a copy of a recording or musical notation through the post and not opening the envelope is useful from an evidential viewpoint as it independently verifies the date of creation.

Lyrics and clearance

Question:  I have just written a song which, against a trance background, features by way of lyrics a famous line from "Romeo & Juliet".  Do I need clearance with respect to the use of this line?
Answer:  Unsurprisingly, all of William Shakespeare's works are now out of copyright.  However, your question does raise an interesting point in so far as there is a separate literary copyright in the published editions of the various works of Shakespeare which arises through the skill and labour of the publishers in editing and formatting these works.  This copyright does not, however, extend to the protection of individual sentences which are clearly recognised as having been written by William Shakespeare and therefore you do not require clearance.  By way of interest, to infringe the publisher's copyright, you would need to borrow from a published edition of "Romeo & Juliet" to a far greater extent than the mere use of one famous sentence from the Work.

Sampling

Question:  I am a DJ and have recently been recording my own work, which features various samples of other recordings.  I know from the charts that this is common practice and I just wanted to make sure that I can do this.
Answer:  Sampling is very much a *90s phenomenon and with the massive growth in dance music and, more recently, garage, a large proportion of the weekly UK Top 40 features recordings which include samples.  These samples are protected copyright works.  However, not all need be cleared - in taking somebody else's work, there is, in legal terms, a test of substantiality, ie. , you cannot take a substantial part of somebody else's music without their prior consent.  Although it is impossible to give any specific advice without hearing the recording itself, where the sample is recognisable, it will usually be a substantial part of the original musical work.  In such an instance, you will need to approach the record company, who owns the sampled recording and try to agree an override on your recording.  You will also have to go through a similar procedure with the publisher who retains the underlying copyright work in the sampled work.  The good news is that sampling is a far more accepted means of creation and clearance procedures are improving.  The bad news is that such procedures can still be burdensome and there is no requirement that the owners of the sample work provide their consent.  Finally a word of caution.  There are occasions where some artists/record labels apply for permission to include a sample which, under English law, may not in fact be protected i. e.  under the substantiality test as set out above.  Hence this is one area where you would be well advised to consult a music lawyer!

Protection

Question:  Other than sending copies of our work in the post to ourselves, how can we ensure that our songs are properly protected by copyright?
Answer:  There is no formal process of registration for copyright in the UK.  Copyright vests immediately upon the creation of something that is recognised as being an original work.  The practice of sending copies of works in the post to yourself arises as a result of problems in evidencing the date of creation of copyright in a work.  If a subsequent problem arises in respect of one of your works, you will be able to show that your work was in existence at a particular date. Other ways of providing evidence involve depositing a copy of the work with your solicitor and using the Stationers Hall storage facilities in London.  Unfortunately there is no fail-safe way of protecting copyright, all you can attempt to do is have evidence that your work existed at a particular date in case of future problems.

Neither this advice nor anything in this feature/article should be interpreted as the advice or opinion of City Showcase Limited.