Copyright and Ownership

Table of Contents
1. Copyright and Ownership
2. What Copyright Actually Protects
3. How You Gain Copyright Protection
4. Who Owns What You Create
5. Duration of Copyright Protection
6. Transferring and Licensing Your Rights
7. Music Publishing and Copyright Administration
8. Royalty Streams and Income Sources
9. Protecting Your Work: Copyright Infringement
10. International Copyright Considerations
11. Moral Rights and Attribution
12. Collaboration Agreements and Split Sheets
13. Termination Rights and Reversion
14. Key Terms
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Copyright and Ownership

1. What Copyright Actually Protects

Think about the last song that really moved you. Maybe it was the melody that stuck in your head, or the lyrics that captured exactly how you felt, or the unique sound of the recording. Copyright law recognizes that when you create a song, you're actually creating two separate things that can be owned independently.

The first is the musical composition-the underlying song itself. This includes the melody, the lyrics, the chord progression, and the arrangement. When Paul McCartney wrote Yesterday, he created a composition. That composition exists whether it's performed by The Beatles, a string quartet, or you humming it in the shower.

The second is the sound recording-the specific recorded performance of that song. The Beatles' 1965 studio recording of Yesterday is a sound recording. If you record your own version of Yesterday tomorrow, you've created a new sound recording, but you haven't created a new composition.

Copyright protects original works of authorship fixed in a tangible medium. For songwriters, this means your song is protected the moment you write it down or record it.

Here's what's crucial: copyright protects expression, not ideas. You can't copyright the idea of "a sad song about lost love" or "a chord progression in C major." What you can copyright is your specific melodic expression, your particular lyrics, your unique arrangement. This is why thousands of songs can be about heartbreak without infringing on each other-they're different expressions of the same idea.

What Copyright Does NOT Protect

Let's be clear about what you can't own, because this trips up many songwriters:

• Chord progressions-The I-V-vi-IV progression appears in countless hits from Let It Be to Someone Like You to Don't Stop Believin'. No one owns it.
• Song titles-There are multiple different songs called Stay, Home, and Crazy. Titles aren't copyrightable.
• Common phrases-Everyday expressions like "I love you" or "good morning" can't be owned, even in a song.
• Musical styles or genres-You can write in someone else's style without infringing copyright.
• Short melodic phrases-Very brief sequences of notes that lack sufficient originality aren't protected.

2. How You Gain Copyright Protection

Here's some genuinely good news: copyright protection is automatic. The moment you write your lyrics in a notebook, record a voice memo of your melody, or save your notation file, your work is protected by copyright. You don't need to register it, publish it, or put a © symbol on it.

This automatic protection comes from the Berne Convention, an international agreement that most countries have signed. In the United States, the relevant law is the Copyright Act of 1976 (with amendments). In the UK, it's the Copyright, Designs and Patents Act 1988. While the details vary by country, the core principle remains: creation equals protection.

The "Fixed in a Tangible Medium" Requirement

There's one important catch. Your song must be fixed in a tangible medium to be protected. This means:

• If you improvise a melody but never record or write it down, it's not protected
• Once you record it on your phone, write it as a lead sheet, or save it in your DAW, it's protected
• The fixation doesn't need to be professional-a rough demo counts just as much as a master recording

Try this right now: hum a simple melody and record it on your phone. Congratulations-you've just created a copyrighted work that you own.

Why Register Your Copyright Anyway

If protection is automatic, why do people talk about registering copyrights? In the United States, registration with the U.S. Copyright Office isn't required for protection, but it provides significant legal advantages:

• Public record-Registration creates an official record of your claim, with a specific date
• Prerequisite to lawsuits-In the U.S., you must register before you can sue for infringement
• Statutory damages-Registration allows you to claim statutory damages (up to $150,000 per infringement) rather than having to prove actual damages
• Attorney's fees-Registered copyrights allow you to recover attorney's fees if you win

The process is straightforward: you submit a form (online via eCO system), pay a fee (currently $65 for a single work), and provide a copy of your work. Many professional songwriters register songs when they're commercially released or pitched to major artists.

3. Who Owns What You Create

Picture this scenario: you write a song alone in your bedroom at 2 AM. Easy question-you own it. You're the author, you created it, you own 100% of the copyright.

Now picture this: you and two friends write a song together. You write the melody, one friend writes the lyrics, another creates the chord progression. Who owns what?

Co-ownership and Joint Works

When multiple people contribute to creating a song, you've created what's legally called a joint work. Unless you agree otherwise in writing, copyright law typically treats all co-writers as equal owners, regardless of who contributed what.

This means:

• Each co-writer owns an equal share (if there are three writers, each owns one-third)
• Each co-writer can license the song independently (though they must account to the others for their share of income)
• No co-writer can transfer the entire copyright-only their share

Think about Lennon and McCartney. Even though John Lennon wrote most of In My Life and Paul McCartney wrote most of Yesterday, they're credited as co-writers on both songs. Their partnership agreement meant both names appeared on all their songs from that period, and both shared in the royalties equally.

Agreeing to Different Splits

You don't have to split ownership equally. Many successful songwriters negotiate different percentage splits based on contribution. You might agree:

• 60/40 if one person wrote most of the song
• 50/25/25 if one person made the primary contribution
• 33/33/34 if three people contributed equally (someone gets the extra percent!)

Get it in writing. Before the song generates any income, all co-writers should sign a split sheet-a simple document listing each writer's name, their ownership percentage, and their contact information. This prevents disputes later when the song becomes successful.

Work Made for Hire

Here's where things get tricky, and this is crucial if you ever write songs as part of a job. Under work-made-for-hire doctrine, if you create a song:

• As an employee within the scope of your employment, OR
• Under a written agreement that specifically designates it as a work made for hire

Then you don't own it. Your employer or the commissioning party owns it from the moment of creation.

This is common in situations like:

• Staff writers at music production companies
• Composers creating music for film or TV under certain contracts
• Songwriters employed by music libraries

Always read your contracts carefully. Many working songwriters have been shocked to discover they don't own songs they wrote because they signed work-for-hire agreements without realizing it.

4. Duration of Copyright Protection

How long do you own your song? The answer depends on when it was created and where you live, but let's focus on current law for new works.

Under current U.S. law (and similar laws in most countries), copyright in a song you create today lasts for your lifetime plus 70 years. If you write a hit song at age 25 and live to age 85, your copyright lasts 60 years during your life, then another 70 years after your death-130 years total.

For joint works, the term is measured from the death of the last surviving author. If you and a co-writer create a song together, the copyright lasts until 70 years after whichever of you dies last.

For works made for hire, the term is different: 95 years from first publication or 120 years from creation, whichever is shorter.

Why This Matters

Understanding copyright duration helps you recognize what's in the public domain. Works whose copyright has expired can be used freely by anyone. This is why you can:

• Record your own version of songs by George Gershwin (died 1937)
• Sample classical compositions freely
• Use traditional folk songs without permission

But be careful-while Gershwin's composition of Summertime is now public domain, any specific sound recording of it made after 1937 is still protected. You can record your own version freely, but you can't sample Ella Fitzgerald's 1958 recording without permission.

5. Transferring and Licensing Your Rights

Owning a copyright means you have a bundle of exclusive rights. Think of copyright as a bundle of sticks, where each stick represents a different right you can exercise or transfer to someone else.

The primary rights include:

• Reproduction right-the right to make copies
• Distribution right-the right to sell or distribute copies
• Derivative works right-the right to create new works based on your original (like translations, arrangements, or samples)
• Public performance right-the right to perform the work publicly
• Public display right-less relevant for songs, more for visual works

Assignment vs. Licensing

You can transfer your copyright in two fundamentally different ways:

Assignment means you transfer ownership permanently. If you assign your copyright to a publisher, they own it (subject to termination rights we'll discuss). The original copyright registration might be in your name, but the publisher owns the rights now. Many music publishing deals involve assignment of copyright.

Licensing means you give someone permission to use your work in specific ways, while you retain ownership. When a TV show wants to use your song, they don't buy the copyright-they license the right to use it in their show.

All transfers of copyright must be in writing to be valid. Verbal agreements about copyright ownership are unenforceable.

Common Types of Licenses in Music

As a songwriter, you'll encounter several standard types of licenses:

Mechanical license-This allows someone to record and distribute your composition. When another artist covers your song, they need a mechanical license. In the U.S., there's a compulsory mechanical license system, meaning once you've recorded and distributed a song, anyone else can record it too, as long as they pay the statutory rate (currently 12.4 cents per copy for songs under 5 minutes).

Synchronization license (sync license)-This allows your music to be synchronized with visual media. Every time a song appears in a film, TV show, commercial, or video game, someone has licensed the sync rights. These are negotiated freely-there's no compulsory license or set rate.

Performance license-This grants the right to perform your song publicly. Radio stations, venues, restaurants, and streaming services all need performance licenses. They typically obtain these through performing rights organizations (PROs) like ASCAP, BMI, or SESAC in the U.S., or PRS in the UK.

Print license-This allows someone to print your sheet music or lyrics. Less common today, but still relevant for educational and classical music markets.

Master use license-This is for the sound recording, not the composition. If a filmmaker wants to use the original recording of Bohemian Rhapsody by Queen, they need both a sync license (from the composition owners) and a master use license (from whoever owns that specific recording).

Exclusive vs. Non-Exclusive Licenses

Licenses can be exclusive (only the licensee can exercise that right during the license term) or non-exclusive (you can grant the same right to multiple parties).

For example:

• You might give an exclusive license to one music library to represent your song for film and TV placement
• But you could give non-exclusive performance licenses through your PRO to thousands of venues and broadcasters simultaneously

Exclusive licenses must be in writing. Non-exclusive licenses can be oral, though it's always smarter to get it in writing.

6. Music Publishing and Copyright Administration

When you hear "music publisher," you might picture someone who prints sheet music. That's not what modern music publishers do. Today, a music publisher's primary job is to administer and exploit your copyrights.

Think of it this way: you're brilliant at writing songs, but are you equally brilliant at tracking down everyone who uses them and collecting money? Do you have relationships with sync supervisors in Hollywood? Can you register your songs with mechanical rights organizations in 50 different countries? Most songwriters can't, and that's where publishers come in.

What Publishers Do

A music publisher typically:

• Registers your songs with copyright offices, PROs, and mechanical rights organizations worldwide
• Licenses your songs for various uses (recordings, film/TV, commercials, etc.)
• Collects royalties from all sources globally
• Pitches your songs to artists, producers, and music supervisors
• Monitors for unauthorized use and pursues infringers
• Provides advances against future royalties in many cases

Types of Publishing Deals

Traditional publishing deal-You assign your copyright to the publisher. They own it (subject to your reversion rights). In return, they handle everything and you typically split income 50/50 after they recoup any advances. The 50% you receive is called the writer's share; their 50% is the publisher's share.

Co-publishing deal-More common for established writers. You retain 50% ownership of the copyright and keep 100% of the writer's share plus half of the publisher's share. This means you receive 75% of total income, they receive 25%.

Administration deal-You retain 100% ownership. The administrator simply handles registration, collection, and licensing for a fee (typically 10-20% of income). They don't pitch your songs or provide creative services.

Work-for-hire-As discussed earlier, you create songs that the publisher owns entirely from creation. You might receive a fee or salary but typically don't share in royalties.

Self-Publishing

Many independent songwriters choose to self-publish, especially early in their careers. This means:

• You set up your own publishing entity (give it a name, register it with your PRO)
• You keep 100% of all income
• You handle all registration, licensing, and collection yourself

Self-publishing works well if you're focused on a specific niche, work primarily in one territory, or your songs aren't yet generating significant income. Services like Songtrust, CD Baby Pro, and TuneCore Publishing offer affordable administration for self-published writers.

7. Royalty Streams and Income Sources

When your song succeeds, money flows from multiple sources. Understanding these different royalty streams helps you ensure you're collecting everything you've earned.

Performance Royalties

These are generated whenever your song is performed publicly-on radio, TV, in venues, on streaming services, in restaurants, at concerts, anywhere. In most countries, venues and broadcasters don't license songs individually. Instead, they pay blanket licenses to performing rights organizations (PROs), which collect and distribute the money to songwriters and publishers.

In the U.S., the main PROs are:

• ASCAP (American Society of Composers, Authors and Publishers)
• BMI (Broadcast Music, Inc.)
• SESAC (Society of European Stage Authors and Composers)

When Ariana Grande performs 7 Rings on tour, the venue pays its PRO license fee, the PRO tracks the setlist, and performance royalties flow to the songwriters (who include Ariana Grande, Victoria Monét, and others) and their publishers.

You must join a PRO to collect performance royalties. Choose one (you can only belong to one at a time), register your songs with them, and they'll collect your performance royalties worldwide through reciprocal agreements with foreign PROs.

Mechanical Royalties

These are paid when your composition is reproduced-on CDs, vinyl, downloads, or interactive streams. The current U.S. statutory rate for physical products and downloads is 12.4 cents per song (for songs 5 minutes or under).

For streaming, mechanical royalties are calculated differently, typically based on a percentage of the service's revenue. The Mechanical Licensing Collective (MLC) now administers mechanical royalties for interactive streaming in the U.S.

If you're self-published, you should:

• Register with the MLC (if you're in the U.S.) to collect streaming mechanicals
• Consider joining the Harry Fox Agency or using a service like Songtrust for other mechanical collections

Synchronization Fees

When your song is used in film, TV, advertising, or video games, you negotiate a sync fee. Unlike mechanical and performance royalties, there are no statutory rates-every sync deal is negotiated.

Fees vary wildly:

• A student film might pay nothing (you grant permission as a favor)
• An independent film might pay $500-$5,000
• A national TV commercial could pay $100,000+
• A major film placement might pay $50,000-$500,000

Remember: a sync license covers only the right to use your composition. The production also needs a master use license from whoever owns the sound recording. If you own both (you wrote the song and own your recording), you can negotiate both licenses together.

Print Royalties

If your sheet music or lyrics are published, you earn print royalties. These are typically 10-15% of the retail price for individual sheet music, or a few cents per song for inclusion in collections or folios.

Print income has declined significantly in the digital age but remains relevant for educational music, worship music, and classical compositions.

8. Protecting Your Work: Copyright Infringement

Let's talk about the situation every songwriter fears: someone steals your song. Or perhaps you've been accused of stealing someone else's. What actually constitutes copyright infringement in music?

What Infringement Requires

To prove copyright infringement, two elements must exist:

1. Access-The alleged infringer must have had opportunity to hear your song
2. Substantial similarity-The two works must be substantially similar in their protected elements

Both elements matter. If your song and another song sound identical but the other writer literally couldn't have heard yours (they were in a remote location with no internet, and your song was never distributed), it's not infringement-it's independent creation, which is a complete defense.

Conversely, if someone had access to your song but their song only shares unprotectable elements (the same chord progression, same tempo, same genre), that's not infringement either.

Famous Infringement Cases

The lawsuit over Blurred Lines (2015) is instructive. The estate of Marvin Gaye successfully sued Robin Thicke and Pharrell Williams, arguing that Blurred Lines infringed Got to Give It Up. The jury found substantial similarity, though many music experts argued the songs shared only unprotectable elements like feel and genre. The verdict was controversial and remains debated.

In contrast, My Sweet Lord by George Harrison was found to infringe He's So Fine by The Chiffons. The court found the melodies substantially similar and that Harrison likely had access (it was a hit when Harrison was active). Harrison's defense was subconscious copying-he didn't intentionally copy but the earlier melody influenced him unconsciously. The court found infringement anyway.

More recently, Led Zeppelin successfully defended against claims that Stairway to Heaven infringed the song Taurus by Spirit. While there was clear access (the bands had toured together), the court found insufficient substantial similarity in the protected elements.

What to Do If You're Infringed

If you believe someone has infringed your copyright:

1. Document everything-Gather evidence of your creation date, distribution, and the allegedly infringing work
2. Consult an attorney-Copyright litigation is complex and expensive; get professional advice
3. Send a cease-and-desist letter-Many disputes resolve at this stage
4. Consider your goals-Do you want money, a writing credit, or just to stop the infringement?

Remember: registering your copyright before infringement (or within 3 months of publication) allows you to claim statutory damages and attorney's fees, making litigation more feasible.

Avoiding Infringement Yourself

How do you make sure you're not accidentally infringing? Here's practical advice:

• Be original-Trust your own creative voice rather than trying to recreate someone else's song
• Document your process-Keep voice memos, rough drafts, and dated files showing your song's development
• Change elements if you're worried-If a melody feels too close to an existing song, modify it
• Clear samples and interpolations-If you intentionally use someone else's recording (sample) or melody (interpolation), get permission before releasing
• Understand fair use-Very limited copying may qualify as fair use for purposes like criticism, commentary, or parody, but this is a narrow defense and shouldn't be relied upon without legal advice

9. International Copyright Considerations

Your copyright doesn't stop at your country's borders. Thanks to international treaties, your songs are protected in most countries worldwide automatically.

The Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works (1886, with subsequent revisions) established that:

• Copyright protection is automatic in all member countries
• Works are protected in each country according to that country's law
• Foreign authors receive the same rights as domestic authors (national treatment)
• Minimum standards of protection apply (though countries can provide more protection)

Over 180 countries are Berne Convention members, including all major music markets.

Collecting Internationally

While your copyright is protected internationally, collecting royalties internationally requires proper registration. Your domestic PRO has reciprocal agreements with foreign PROs, so performance royalties flow back to you. But you should:

• Register your works with your PRO, identifying all territories where you expect exploitation
• Consider sub-publishing deals in major territories if you're generating significant foreign income
• Use collection services that specialize in international mechanical and neighboring rights if you're self-published

If your song becomes a hit in Brazil, Japan, or the UK, you want systems in place to collect what you've earned there.

Neighboring Rights

Many countries recognize neighboring rights (also called related rights)-royalties paid to performers and recording owners when sound recordings are broadcast or performed publicly.

In the UK and Europe, when a recording is played on radio:

• The songwriter and publisher receive performance royalties (through the PRO)
• The recording artist and record label receive neighboring rights (through organizations like PPL in the UK or SoundExchange in the U.S.)

As a songwriter, neighboring rights typically don't affect you unless you're also the performing artist on the recording. But if you are-register with the appropriate neighboring rights organization to collect this additional income.

10. Moral Rights and Attribution

Beyond economic rights, many countries recognize moral rights-personal rights that remain with the creator even after copyright is sold.

The two main moral rights are:

• Right of attribution-The right to be identified as the author of your work
• Right of integrity-The right to prevent distortion, mutilation, or modification that would harm your reputation

Moral Rights in Different Countries

Moral rights are strong in European countries, particularly France. In the UK, the Copyright, Designs and Patents Act 1988 grants moral rights, though they can be waived by contract.

In the United States, moral rights for music are limited. The U.S. recognizes moral rights primarily for visual arts (paintings, sculptures) under the Visual Artists Rights Act, but not comprehensively for music. However, you may have contractual rights to attribution and protection from derogatory treatment through your agreements.

Practical Implications

Even where moral rights exist, they're often waived in commercial music contracts. That recording contract you sign might include a clause where you waive your right to object to modifications of your work.

But understanding moral rights helps you negotiate. You might want to:

• Require credit as a songwriter on all releases and promotional materials
• Retain the right to approve significant changes to your composition
• Prevent use in contexts that conflict with your values (e.g., political campaigns, certain products)

These protections come from contracts, not from copyright law in most cases, but they reflect the same principles as moral rights.

11. Collaboration Agreements and Split Sheets

Let's get intensely practical. You're in a writing session with two other songwriters. After three hours, you've created something special. Before anyone leaves the room, you need to complete a split sheet.

Why Split Sheets Matter

A split sheet is a simple document that records:

• The song title
• The date of creation
• Each writer's full legal name and contact information
• Each writer's ownership percentage
• Each writer's PRO affiliation
• Each writer's publisher (if applicable)

Why do this immediately? Because memories fade, relationships change, and songs that seemed like fun experiments become hits. When significant money appears, disputes emerge. The split sheet you completed in the writing session is your protection.

How to Determine Splits

There's no universal rule. Some common approaches:

Equal splits-Many writers default to equal ownership regardless of contribution. If four people are in the room, everyone gets 25%. This is simple and avoids arguments.

Contribution-based splits-Some writers negotiate based on contribution: "I wrote the entire melody and half the lyrics, so I should get 60%." This can work but requires honest communication and mutual agreement.

Role-based splits-Sometimes predetermined: "The topline writer gets 50%, the producer gets 50%" (even though the producer created the track, not the lyrics and melody). This is common in pop production.

Whatever you decide, get everyone to sign before the session ends. You can use apps like Songwriter Split or SongSpace to create and distribute split sheets digitally.

Special Situations

Producers who claim writing credit-This is controversial. If a producer creates a beat but doesn't write melody or lyrics, are they a songwriter? Increasingly, producers receive songwriting credit and ownership percentage, especially in hip-hop and pop. This should be discussed and agreed upon upfront.

Sample-based compositions-If your song samples or interpolates existing works, the original writers/publishers typically receive a negotiated percentage of your song's ownership. Clear samples before release to avoid having to give up huge percentages after your song succeeds.

Session musicians and engineers-Generally, performers who didn't contribute to the composition don't receive songwriting credit or ownership, only performance fees or session payments. But if your guitar player improvises a melodic hook that becomes the song's main feature, that's a writing contribution worth discussing.

12. Termination Rights and Reversion

Here's something many songwriters don't know: even if you sold or assigned your copyright to a publisher, you may be able to get it back.

U.S. Termination Rights

Under U.S. copyright law, authors have the right to terminate transfers and reclaim their copyrights after a certain period. This right exists regardless of what your contract says-you can't sign it away.

For works created after January 1, 1978, you can terminate:

• 35 years after the transfer, or
• 40 years after creation (for publication rights)

This means if you signed a publishing deal in 1990, you can potentially reclaim those copyrights starting in 2025. You must serve notice to the publisher during a specific 5-year window, and the termination becomes effective 2-10 years after you serve notice.

Major artists like Bob Dylan and Taylor Swift have used termination rights (or the threat of their use) to renegotiate better deals with publishers and labels.

Exceptions to Termination Rights

Works made for hire cannot be terminated-the employer/commissioner owns them permanently. This is one reason work-for-hire agreements are less favorable to creators.

Reversion Clauses in Contracts

Many modern publishing contracts include reversion clauses that return copyright to you under certain conditions, such as:

• If the publisher doesn't secure a commercial recording within 2 years
• If the song doesn't earn a minimum amount within 5 years
• After a specified term (10 years, 15 years, etc.)

Negotiate these when you sign. Getting your unsuccessful songs back allows you to re-pitch them or simply have them for your catalog.

Key Terms

Musical Composition

The underlying musical work, including melody, lyrics, harmony, and arrangement. It exists independently of any particular recording or performance.

Sound Recording

A specific recorded performance of a musical composition. The same composition can have multiple sound recordings by different artists or even the same artist at different times.

Copyright

A form of legal protection automatically granted to creators of original works, giving them exclusive rights to reproduce, distribute, perform, and create derivatives of their work.

Fixed in a Tangible Medium

The requirement that a work be recorded or written down in some concrete form to receive copyright protection. An improvisation that exists only in performance is not protected until it is recorded or notated.

Joint Work

A work created by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a whole. All co-authors typically share equal ownership unless otherwise agreed.

Work Made for Hire

A work created by an employee within the scope of employment, or a commissioned work under a written agreement specifically designating it as work for hire. The employer or commissioning party owns the copyright from creation.

Split Sheet

A document signed by all co-writers of a song that identifies each writer's ownership percentage, contact information, and PRO affiliation. Essential for preventing disputes about ownership.

Performing Rights Organization (PRO)

An organization that collects performance royalties on behalf of songwriters and publishers when songs are performed publicly. Examples include ASCAP, BMI, and SESAC in the U.S., and PRS in the UK.

Mechanical License

A license that grants permission to reproduce and distribute a musical composition in physical formats, downloads, or interactive streams.

Synchronization License (Sync License)

A license that grants permission to use a musical composition in timed relation with visual media such as film, television, advertising, or video games.

Master Use License

A license that grants permission to use a specific sound recording. Separate from a sync license, which covers the composition.

Music Publisher

A company or entity that administers musical compositions, including registering copyrights, licensing songs, collecting royalties, and often pitching songs for commercial use.

Writer's Share

The portion of publishing income (typically 50%) that flows directly to the songwriter, usually paid by the PRO. This cannot be assigned to a publisher.

Publisher's Share

The portion of publishing income (typically 50%) that flows to whoever owns or administers the publishing rights to a composition.

Administration Deal

A publishing arrangement where the songwriter retains full copyright ownership while the administrator handles registration, licensing, and collection for a percentage (typically 10-20%).

Performance Royalties

Payments generated when a song is performed publicly, whether on radio, TV, in venues, or through streaming services. Collected and distributed by PROs.

Mechanical Royalties

Payments generated when a composition is reproduced, whether on physical formats (CDs, vinyl), downloads, or interactive streams.

Statutory Rate

A rate set by law or regulation for certain uses. In the U.S., the statutory mechanical rate for physical products and downloads is currently 12.4 cents per song for songs under 5 minutes.

Copyright Infringement

The unauthorized use of a copyrighted work in a way that violates one of the copyright owner's exclusive rights. Requires both access to the original work and substantial similarity.

Substantial Similarity

A legal standard for determining whether one work is similar enough to another to constitute infringement. Focuses on protectable elements (specific melody, lyrics) rather than unprotectable elements (genre, chord progressions, general ideas).

Fair Use

A legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Highly case-specific and not a reliable defense for most musical uses.

Public Domain

Works whose copyright protection has expired or that were never eligible for copyright. These can be used freely by anyone without permission or payment.

Berne Convention

An international agreement establishing that copyright protection is automatic in all member countries and that foreign authors receive the same treatment as domestic authors.

Neighboring Rights

Royalties paid to performers and recording owners (as opposed to songwriters and publishers) when sound recordings are broadcast or performed publicly. Also called related rights.

Moral Rights

Personal rights that remain with creators even after copyright is sold, including the right of attribution (to be identified as the author) and the right of integrity (to prevent harmful distortion of the work).

Termination Rights

Under U.S. law, the statutory right of authors to reclaim copyrights they previously transferred, typically 35 years after the transfer. This right cannot be waived by contract.

Reversion Clause

A contractual provision that returns copyright to the songwriter under specified conditions, such as if the song doesn't generate income or secure a recording within a certain timeframe.

Sample

The use of a portion of a sound recording in a new recording. Requires both a master use license (for the recording) and a license for the underlying composition.

Interpolation

Re-recording a recognizable portion of a previous composition (melody, lyrics, or both) in a new song. Requires permission from the original composition's copyright owners but not from the original recording's owners.