Music Law Flashcards
A music copyright, whether as a musical work or a sound recording, is created immediately upon creation and satisfaction of the following elements:
It must be an original work of authorship; and
It must be fixed in any tangible medium of expression, such as written sheet music, a MIDI file, or a digital (or analog) recording.
While there are no bright-line rules, some courts have held that rhythm and harmony are generally in the public domain and not “original,” while melody is often determined to be “original” and protected by copyright.
And, courts have held that contributions by producers and engineers to the creation of sound recordings, including the processing of sounds and the balancing, equalization, and integrating of vocal and instrumental into a blended whole, can be protected by copyright. On the other hand, musical style (i.e., the style of reggae), themes, or ideas in the abstract are not protected by copyright.
https://blog.reverbnation.com/2018/05/09/music-law-101-owns-copyright-song/
Often in copyright infringement actions, the defendant will argue that the plaintiff does not have a copyright because the song at issue was not original. For example, in 2007, 50 Cent was sued over his use of the line “Go shawty. It’s your birthday” in the song “In Da Club.” The plaintiff, a music publisher, claimed that the lyric was copied from its song “It’s Your Birthday,” which was written by Luther Campbell (aka, Luke Skyywalker). However, the court ruled for 50 Cent, holding that those lyrics were not original because the phrase was a common chant at hip hop events and nightclubs, had appeared in other prior songs, and Luther Campbell admitted that he didn’t create the phrase. So, if a song or lyric is not original, it’s not protected under copyright law.
Similarly, words and short phrases are generally not copyrightable. A court held that the phrase “Everyday I’m Hustlin” used in the song “Hustlin’” by Rick Ross is “a short expression of the sort that courts have uniformly held uncopyrightable.” As such, the use of the lyrics “Everyday I’m Shufflin” in the hit song “Party Rock Anthem” by LMFAO was not an infringement of the Rick Ross song lyrics. Similarly, in dismissing a lawsuit filed against Taylor Swift, a court recently found that the lyrics “Playas, they gonna play / And haters, they gonna hate” were “too brief, unoriginal, and uncreative to warrant protection under the Copyright Act.”
https://blog.reverbnation.com/2018/05/09/music-law-101-owns-copyright-song/
Absent a written agreement otherwise, co-authors of a song each jointly own an equal undivided interest in the copyrights (i.e., 2 co-authors each own 50%, 3 co-authors each own 33.3%, and etc.). Thus, even if one co-author actually wrote 90% of the song and the other co-author only wrote 10% of the song, if they don’t agree in writing otherwise, they each own 50%.
When joint owners have not entered into a written agreement otherwise, each co-owner has the authority to grant a non-exclusive license to a third party without the co-owner’s consent. A non-exclusive license means that others can also use or exploit the work at the same time as the third party. If a co-owner attempts to convey exclusive rights to a third party, an exclusive license effectively becomes a non-exclusive license. A joint owner of a copyright cannot sue a co-owner for infringement. But a joint owner can bring a claim against a co-owner for an accounting on any profits earned by the co-owner from the joint work.
https://blog.reverbnation.com/2018/05/09/music-law-101-owns-copyright-song/
The owner of the copyright in a work has certain exclusive rights in that work, rights that no one else but the owner has, including the rights to:
Reproduce/copy the work;
Adapt and prepare derivative works based on the work;
Distribute copies of the work;
Perform or display a musical work publicly; and
Perform a sound recording publicly by digital audio transmissions.
In general, this means that the owner of a music copyright can control, for example: (1) whether copies, including CDs and MP3 files, can be made of the song; (2) whether the song can be rearranged, remixed, or recorded with video; (3) whether copies of the song can be sold or downloaded; (4) whether the song can be performed on radio stations, in nightclubs, in stores, in restaurants, or in other public establishments; or (5) whether the song can be transmitted by interactive streaming services such as Spotify and Apple Music.
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