JEVIMOSH B MUSIC COPYRIGHT

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If you’re writing, performing and recording music regularly, chances are at this point that you have your preferred platforms for consuming  other artists’  music, too. iTunes or Apple Music? Spotify or Deezer? Amazon or TIDAL? Soundcloud or Bandcamp? YouTube or Pandora? You get it – there’s a ton of options for listening these days. As you begin to prepare your next release, whether it’s a single, EP or full album, you might be asking yourself: how do I get my music on these platforms? And if you’ve gotten that far, you’re also probably wondering: how can I make money from my music online? Well, you’re not alone. Free platforms like YouTube, Bandcamp, and Soundcloud simply require a sign-up, some time to build your personal account, and uploading your audio files. Obviously the advantages to this is price and access to fans. Bandcamp even lets you set a price and sell releases right from your page. But what about those digital music stores and streaming platforms that fa...

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  There are a variety of defenses to copyright infringement. One defense is that the subsequent use is a “fair use” and does not infringe any of the copyright owner’s exclusive rights. Such exempted “fair uses” may include ones for educational purposes, for comment or criticism on a particular work, for news reporting on a work, and for parody of an existing work. This Survival Guide is not intended as legal advice, as an attorney specializing in the field should be consulted.

  If a copyright owner believes that one of their protected works has been infringed upon by another, this other party could potentially be liable for copyright infringement. Copyright infringement is shown by the owner proving ownership of a valid copyright in the allegedly infringed work and an actionable copying by the infringing party of the work’s original and essential elements. Ownership of work is generally demonstrated by the presentation of a validly issued copyright certificate from the U.S. Copyright Office or some other documentation proving that the party owns the work at issue. “Copying” of a work is typically supported either by direct or indirect evidence. Since direct evidence showing proof of copying is rare, a copyright owner must instead rely on indirect evidence to proof that the infringing party had access to the allegedly infringed work and that there are “probative similarities” between the original work and the allegedly infringing work. A more extensive d...

  Although the Berne Convention, which the United States is a signatory to, creates a “universal copyright” or copyright upon creation and publication of a work, the work is not “registered” until it has, in fact, been registered with the U.S. Copyright Office. This means that all of the benefits of copyright ownership are not available in America until the Copyright has been registered. Registering a copyright is as easy as preparing and submitting an application to the United States Copyright Office with the appropriate filing fee and copies of the copyrighted material. Once the work is registered and the certification is issued, the benefits of the registration begin immediately and are retroactive to the initial filing date. A formal registration of the creative materials with the U.S. Copyright Office within three months of public release provides additional, valuable benefits to the owner of the work. Some of these benefits include that the work now becomes a matter of public...

Ownership of a copyright belongs to the “author” of the work, who is typically the original creator. For all works created on or after January 1, 1978, copyright protection lasts for the life of the author plus seventy years after the author’s death. This permits the owner’s heirs to monetize the works in addition to the original owner. A work created by two or more individuals, where they intend to merge or otherwise mesh their works together at time of creation of the work is considered a joint-work. This means that the joint-creation must be prepared “with the intention” that the different creator’s contributions will be merged “into inseparable or interdependent parts of a unitary whole” with each author contributing material that “could have been independently copyrighted.” However, each author’s contributions to the final work need not be equal and the authors do not need to be in the same physical area or create the work at the same time (17 U.S.C. §§ 101, 201(a)). The length of...

 DO YOU NEED A COPYRIGHT NOTICE? Many CDs, DVDs, magazines, web pages, or other graphic works contain a copyright notice containing the © symbol, together with a name and the year (e.g., © 2018, Justin M. Jacobson). The name refers to the copyright owner, and the year refers to the year the work was created. In the past, a protected work had to be distributed to the public with copyright notice before an author could claim copyright protection. However, this is no longer the case as a creator receives protection as soon as the the work is “fixed,” (written or recorded in some form).

  A copyright owner is provided with five exclusive rights in their created work. The owner, as well as authorized third-parties, have the right to: (1) reproduce the work, (i.e., mechanical reproduction of the music for CDs, downloads, and vinyl); (2) distribute the work (i.e., stream or otherwise make the music publicly available); (3) prepare derivative works; (4) publicly perform the work (i.e., in a concert or on the radio); and, (5) publicly display the work. This means that the owner has the sole and exclusive right to publicly distribute copies of the work by sale, rental, or lease and to publicly perform or display the work, such as selling copies of a novel or publicly playing a musical recording at a restaurant. For instance, the exclusive right to reproduce a work prevents a fan that purchased an artist’s CD from creating and distribution copies of it to others. In addition, the right to authorize or prepare derivative works provides a copyright owner with the right to ...

   WHAT ARE THE COPYRIGHTS IN MUSIC? Music is unique in that every track has two copyrights. One of these is a copyright in the song, i.e. the musical composition, which consists of the lyrics and underlying music (beat, instrumental). The other is a copyright in the sound recording or “master recording” itself. For example, “ All Along The Watchtower ” was originally written and composed by Bob Dylan. It has been subsequently performed and “covered” by several artists, including Jimi Hendrix. In this situation, the copyright in the underlying musical composition (the lyrics and musical arrangement) is owned by Bob Dylan (or his Publishing Company); while, the copyright in a particular sound recording, such as the Jimi Hendrix version of this track, is owned by Jimi Hendrix (or his record label).

  In Part 1, we explored the potential benefits an artist receives from   establishing a business entity   such as an LLC or corporation. We also discussed some other administrative matters related to the operation and continued maintenance of these entities. In this installment, we move forward to discuss the next steps and possibilities after a musician creates such an entity, including utilizing this entity as a “loan-out” company and/or as a music production company. While every aspiring musician thinks of themselves as an entertainment or media mogul, the new business entity created by them is instrumental in creating the umbrella to make this vision a potential reality. In order to build toward this dream, an artist can utilize their new entity in a variety of ways. The “loan-out” company (corporation/LLC) formed by the musician provides the musician’s services (recording, production, live performance) as an “employee” of the company to a third-party such as a ...

  As an individual embarks on their chosen journey, a career in music and in the music business, it is essential for them to have a basic understanding of the complexities and formalities associated with operating a legitimate business. You should treat your “musical career” as a full-time occupation in order to prosper and succeed on this journey. As Jay Z said “I’m not a businessman, I’m a business, man” and he literally meant it. In fact, in order to better protect their personal assets, (i.e. Shawn Carter’s personal assets – cars, houses, stocks, bonds, securities, bank accounts, etc.), Jay Z and many other musical acts typically  create a business entity, such as a corporation or limited liability company (LLC).  These limited liability entities shield the owners from personal liability for any claims arising from any contracts or other arrangements entered into on behalf of the individual through its corporate or LLC entity. Generally, these individual’s busine...

  A copyright provides the owner with the exclusive right to a particular work for a limited duration of time. For a work to be “copyrightable,” it must be original and fixed in tangible form, such as a sound recording recorded (affixed to) on a CD or a literary work printed (affixed to) on paper. There are many copyrightable works ; some include original literary works, dramatic works, choreography, musical works, audio-visual works and other graphic artistic works. Some of these include poetry, novels, movies, songs, computer software, dance choreography, fine art, comics, sculptural works, and architectural works. This means that a band logo, album cover art, photographers and music videos could all potentially be protected. Copyright law does not protect facts, ideas, systems, or methods of operation. A copyright also does not protect song titles, band names, or slogans. This means an artist cannot copyright their band name or their  band name or their song titles. Instead...

  How Musicians Make Money From Publishing W hile  musicians  are often advised by their fellow artists to  keep their own publishing , such an approach is  no longer  especially  applicable  in the m odern music economy . It is more important that artists develop a  solid understanding  of where exactly  publishing revenue  comes from, and how to deal with  Performing Rights Organizations. _______________________________________ Guest Post by  Justin M. Jacobson , Esq., The Jacobson Firm, P.C. Every new musician is told by some other musician or industry professional “to keep your publishing” or some variation of this. Such a statement is archaic and a potentially career debilitating mistake. A better understanding of what “publishing” monies consist of and why this outdated advice of “keeping your publishing at all costs” no longer applies in today’s digital music age is needed. Generally, “publishing money” as it i...

  We have previously explored the   reasons to register a copyright   and the procedures to effectuate it. In this article, we will explore copyright law as it specifically relates to the music industry to ensure the proper exploitation and monetization of an artist’s finished song. For a work to be copyrightable, it must be original and fixed in a tangible form, such as a sound recording fixed on a CD, MP3 or other digital sound recording file format such as a WAV file. Some examples of copyrightable material that are common in a musician’s career are the actual song recordings, the lyrics and underlying musical composition, music videos or other audio-visual works, photographs, logos or other visual materials and any biography, website or other unique textual information the artist creates. In particular, copyrights as they apply to music are unique in that every track has two copyrights. One of these is a copyright in the song, i.e. the musical composition, which consi...