Music Performance Copyright Laws
Certain laws and processes apply to copyrighting a musical performance.
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What a Musical Performance Is
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An audio recording of a musical performance--either a live concert or studio recording (such as a record or CD)--is a separate copyrightable entity from the songs (lyrics and musical composition) contained on the recording.
Who Owns the Copyright
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The performer owns the copyright, unless otherwise stipulated in the live performance or recording contract.
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What the Copyright Holder Is Entitled To
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The performer may use the copyright symbol for sound recordings (P-in-a-circle symbol). He may only sell the work if he also owns or otherwise licenses the copyrights on the songs on the recording.
Licensing Songs
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Licenses to many songs are available through the Harry Fox Agency for a fee. Some copyright holders opt for a Creative Commons license, which is typically free but places restrictions on how the licensed work may be used. Songs pass into the public domain 70 years after the death of the lyric writer or composer, whoever dies later, unless her estate inherits or renews the copyright.
Copyrighting a Performance Online
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A performer may register a copyright online at the website of the U.S. Copyright Office. He must fill out Form CO, pay the $35 fee, and upload the recording in one of the following digital formats: .aif, .aiff, .au, .mid, .midi, .rmi, .mp3, .ra, .ram, .wav or .wma. He must use Real Player 6 or earlier for .ra and .ram files.
Copyrighting a Performance by Mail
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A performer may fill out either Form CO or Form SR and send two copies of the recording, along with the appropriate fee, to:
Library of Congress
Copyright Office
101 Independence Avenue, SE
Washington, D.C. 20559-6000Through July 31, 2009, the fee for filing either Form CO or Form SR is $45. Beginning August 1, 2009, the fee for filing Form CO by mail will be $50, while the fee for Form SR will be $65.
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References
- Photo Credit Garry Knight / Creative Commons
