0.4 Music and copyright  (Page 4/6)

Q: I’m in a singing group outside of school. Can I buy the sheet music for a great new song and then photocopy it for the other 10 singers?

A: Making and distributing copies in such a way infringes on the copyright owner’s right to make and distribute copies. Fair Use and other limitations do not apply to this situation, even if the group is not earning money.

• IV. How does copyright law affect the performance of music?

Q: The “cover songs” my band has practiced are entirely from bands from other countries. That means we don’t have to worry about copyright, right?

A: Wrong. The United States has copyright agreements with most other countries in the world. Not only does that prohibit you from using a foreign musician’s music freely, it also prohibits them from using yours. Our international copyrights are governed by the Berne Convention. To see what countries are part of the Berne Convention, go to: (External Link) …and pull down the menu labeled “All Contracting Parties”. Most countries in the world are part of the Berne Convention. (World Intellectual Property Organization 2010)

Q: How do professional musicians get to do “cover songs”? They record the same song as the original musician and distribute it like their own.

A: Professional musicians get permission to do this, usually by paying a fee or percentage of proceeds to the copyright owners.

Q: Two friends and I have formed a band because no one else was making the kind of music we wanted to. Our music is original and we really think we’re on to something. We’re getting ready for our first concert, but my father says that if we don’t register the copyright to our songs before performing, they’ll be public domain and anyone will be able to copy from them. Half the songs aren’t “finalized” and we don’t have the $35 plus a decent recording needed for all 12 songs. In order to get fans, do we have to just give our songs away?

A: Your father is wrong about registration and ownership. If your band created the song, then the song is jointly owned by the three of you. However, if no song is in a “fixed medium,” then it is not eligible for copyright. A fixed medium is either a recording or a written transcription. If this is your case, your songs are not protected by copyright. Once they are represented by a fixed medium, they are automatically protected by copyright, whether or not they are registered. (Anonymous1992)

Q: My band is expert at playing “covers” of popular music. We play every weekend at certain bars in our town. We have never thought about copyright; it seems like lots of bands do what we do. One of our members is majoring in music, and she recently learned about the ASCAP. In fact, she’s being encouraged to join. She’s also been told that we cannot play in public without the original artist’s permission. What is this? Have we been breaking the law for over two years?

A: Yes, public performance is one of the rights of the copyright holder, and if you cannot claim Fair Use or another limitation, someone has to pay the song’s creator or current copyright holder. In the case of recorded music, musicians have created organizations called “Music royalty management” groups. The three main organizations are ASCAP, BMI, and SESAC. Any public venue that has a public performance of music that is not original to the performers must arrange a license for the performance. If it is a place that frequently hosts such performances, then the owner will pay for an annual license. If they don’t have such a license, the owner AND the band are liable for copyright infringement for every single song performed. Before accepting a hire to perform, check to make sure the bar has a BMI or other license. (Legislation Committee, Music Library Association 2010)