If you’re a musician you need to understand sound recording copyrights. Different types of music users, including businesses and content creators, need to comply with licensing requirements to use copyrighted music.
Remember, at a minimum you'll need to include a copyright notice symbol ℗ on your sound recordings to acquire some legal protection and comply with U.S. copyright law.
In this article I'll explain what a sound recording copyright is, how to get one, why it’s important, and the revenue streams it can bring in.
Later, we'll address some common questions about music copyrights in the FAQ section below.
A sound recording copyright, symbolized by ℗, protects the specific recording of a performance. This is different from the composition copyright ©, which protects the underlying musical work, including the melody, lyrics, and harmony.
For example, when you write a song and record it, you hold two copyrights:
Musical Composition Copyright: Protects the song's lyrics and melody.
Sound Recording Copyright: Protects the actual recording of the song, including the performance and production elements.
It's important to note that there can only be one musical composition copyright per song, but every recorded version of that composition generates it's own unique sound recording copyright. So, there can be multiple sound recording copyrights of the same musical composition. (live, cover, re-records etc)
Securing copyrights for your music is important for several reasons:
Legal Protection: It gives you the legal right to control how your music is used and to take legal action against unauthorized use. The copyright owner has the exclusive right to authorize or prevent the use of their works and can seek remedies for infringement, however, registering the copyright with the US Copyright office is required in order to pursue those remedies in a court.
Monetary Benefits: It helps you to earn royalties from your music.
Creative Control: It ensures you have control over how your music is distributed and used.
Having the copyright to your sound recordings can bring in multiple revenue streams:
Sales and Streaming: Get paid from sales on platforms like iTunes and from streams on services like Spotify.
Licensing: License your music for use in films, TV shows, commercials, and video games, etc. Music licensing can grow your fanbase and provide major financial benefits.
Performance Royalties: When recording a self-composed song, you'll earn royalties when your music is played on radio, in public venues, or at live performances. Public performance royalties are managed by performance rights organizations (PROs) like BMI, ASCAP, and SESAC.
Mechanical Royalties: You also earn royalties from the reproduction of your music on CDs, vinyl, or digital downloads.
Securing a copyright for your sound recordings involves a few steps. Here’s how you do it:
Create a Tangible Copy: Your recording must be fixed in a tangible medium. That could be a digital file or physical recording.
Register with the Copyright Office: While your work is automatically copyrighted upon creation (or more precisely, as soon as it's fixed in a tangible medium), registering your sound recordings with the U.S. Copyright Office provides legal benefits, including the ability to sue for statutory damages and attorney’s fees in case of infringement.
Submit an Application: Go to the U.S. Copyright Office’s website and fill out the appropriate form. For sound recordings, use Form SR. You can also do a joint filing and register the associated Musical Composition copyright if needed.
Pay the Fee: There's a fee for registering your work, which varies depending on the type of registration you're doing.
Submit a Copy: Provide a copy of your recording to the US Copyright Office. This is known as the deposit copy.
Yes, a sound recording is intellectual property. It’s protected by copyright law which gives the creator the exclusive right to use, distribute and licence the recording. This means the creator can control how their work is used and take legal action against unauthorised use.
The musical composition copyright covers the song’s lyrics and melody, the sound recording copyright covers the actual recording of the song, including the performance and production elements.
If you write and record your own music, you should secure both copyrights. As soon as your work is fixed in a tangible medium, you automatically own a copyright. But to fully protect your copyrights, you need to register them with the US Copyright Office.
A tangible medium means a physical form in which intellectual property (IP) is fixed and can be perceived, reproduced or otherwise communicated.
Examples include recordings, sheet music, handwritten lyrics and voice memos on your phone so the work is accessible and can be shared or copied.
Your lyrics and music must be ‘fixed in a tangible medium’ to secure a copyright.
No, your music doesn’t have to be formally registered with the copyright office to collect royalties. Copyright protection is automatic as soon as your music is created and fixed in a tangible form, such as a recording or written sheet music. But registering your music gives you much stronger legal protection and makes it easier to enforce your rights and collect all the royalties owed to you.
What are the two main types of copyrights in sound recordings?
Sound recordings involve two distinct copyrights:
Sound Recording Copyright: This covers the actual recording of the sounds.
Musical Composition Copyright: This covers the underlying composition, both the music and lyrics.
The copyright in a sound recording may be owned by various parties, including:
The performer(s)
The producer
The record label, depending on contractual agreements.
The entity who paid for the recording
Copyright owners have the right to authorize or prevent the use of their work and seek remedies for infringement.
Music publishers manage the rights and ensure songwriters get paid for their compositions. (for more on publishing and music royalties join Creative Intell and take our Music Publishing 101 course).
How long does copyright protection last for sound recordings?
In the US, sound recordings made after February 15, 1972 are protected for 95 years from the year of first publication or 120 years from creation, whichever is shorter.
Recordings made before 1972 have also been given federal protection under the Music Modernization Act, extending their protection.
Yes, performers can have rights in the recordings they play on, especially when they've contributed to the composition or if there are specific agreements in place.
But the extent of those rights will vary depending on the contract.
How do I register a sound recording for copyright protection?
In the US you can copyright a sound recording with the U.S. Copyright Office by submitting an application, a filing fee and a copy of the work. Registration is not required for protection but gives you extra legal benefits. (See above for the full sound recording copyright process).
No, an entertainment lawyer can be helpful if you have complex agreements or collaborations to sort out, but copyrighting is a relatively straightforward process you can do yourself.
It varies, but typically $65-$85. Registering multiple works at once will save you money.
To use someone else’s sound recording you typically need to either:
Get permission from the copyright owner.
Use a work in the public domain.
Rely on a statutory limitation or exception, such as fair use.
Yes, but you need permission from the copyright holders of the samples. Unauthorized use of samples can lead to legal issues and prevent you from registering your work.
Revenue streams from sound recording copyrights are:
Record sales (digital and physical)
Streaming royalties
Master use license fees for film, TV and other media uses.
Music publishing is about promoting and monetizing musical compositions so songwriters get paid.
The Music Modernization Act gave federal copyright protection to sound recordings made before February 15, 1972 so there are clear expiration dates for older recordings covered under federal law.
If multiple parties are involved the rights and revenues are typically divided according to the agreements made between the parties. Otherwise, they are divided evenly.
It’s very important to have clear contracts to outline these rights and ownership shares.
Can performers stop others from performing songs live?
Generally no, performers can’t prevent others from performing songs live unless there are specific contract restrictions.
However, recording and publishing the songs would require the proper permission.
If your work is registered with the US Copyright Office, you can sue for statutory damages and attorney’s fees.
Of course, the DAW is just a digital tool. As long as you created the music and recorded it, you own the copyright to both the composition and the sound recording.
Currently music created by AI can’t be copyrighted because copyright law requires a human author. The US Copyright Office has said that works generated solely by AI do not qualify for copyright protection.
However if a human contributes to the process – such as writing lyrics, arranging the composition or making substantial edits – the human-created parts can be copyrighted.
That said, the extent of human involvement necessary for copyright eligibility is still evolving and may vary depending on the circumstances and jurisdictions.
Understanding sound recording copyrights is just the tip of the iceberg when it comes to protecting and maximizing the value of your music.
At Creative Intell, we offer comprehensive courses and expert guidance to ensure our members fully grasp their music deals, are legally protected, and have the tools they need to maximize income from their copyrights and other sources.
Creative Intell is the only online resource offering education on the actual contracts used in the music industry.
Plus, Creative Intell members get front row access to our animated educational series, The Intells, making complex music business subjects engaging and easy to understand.
Combined with support from our team of subject matter experts, if you're in the business of music or would like to be, you won't find more accurate, up-to-date, and practical knowledge on the industry anywhere else.
Creative Intell is not affiliated, nor associated in any way, with any third parties referenced herein, nor their respective goods or services. Any and all third-party trade names, trademarks, and/or service marks referenced are used for informational purposes only, and are the exclusive property of their respective trademark owners.