What
is Copyright?
Copyright protects original literary, dramatic, musical and
artistic works. It allows an original work to be considered a property that is
owned by somebody. The framework for Copyright Law is the Copyright, Designs
and Patents Act 1988 ('the Act').
When
does Copyright begin?
In music, copyright begins automatically once a piece of
music is created, and documented or recorded (eg. on video, tape or CD or
simply writing down the notation of a score).
Does
MCPS/PRS for Music copyright music on my behalf?
Registering your music with MCPS or PRS for Music does not
create copyright. If you follow the suggestions outlined below you have a
better chance of proving you own the copyright if any of your music is
disputed.
How
do you protect your music as a songwriter?
Currently, no official form of registration is available. In
the UK, all original music is protected by copyright from the time it is
recorded/written down in some format. It is important to be able to prove that
you own the copyright of a particular recording. To do this we suggest the
following:
•Send a copy of the recording to yourself by 'Special
Delivery'. Clearly mark the envelope so you know what music it holds but keep
it sealed.
and/or
•Store a copy with your solicitor or bank manager. Remember
to keep a receipt and be aware that this method is likely to cost you some
money.
What are your rights
as a Copyright owner?
If
you own the copyright you possess the sole authority to:
•copy the music
•issue, lend or rent copies to the public
•perform, show or play the music in public
•communicate the music to the public (i.e. broadcasting it
via TV, radio, Internet etc.)
What happens to your
rights when you become a PRS member?
When joining PRS for Music your rights are transferred to us.
These are:
•to perform the music in the public (concerts, pubs, shops
etc)
•to communicate the music to the public (including
broadcasting, broadcasting on demand and use of music on the Internet
interactive services, including satellite and cable transmissions)
What
happens to your rights when you become an MCPS member?
MCPS acts as an agent on your behalf, to administer the
following rights:
•to copy the music (pressing CDs, downloads)
•to issue copies of the work to the public (sale of CDs,
tapes or vinyl in shops)
•to rent or lend the work to the public (renting videos,
tapes, CDs, library lending)
How long does Copyright last?
In the UK, copyright generally lasts for a period of 70
years from the end of the calendar year in which the author dies. If the music
originates from outside the European Economic Area (EEA), the copyright lasts
for as long as the music is protected by copyright in its country of origin,
provided that the length of time does not exceed 70 years.
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Every
recorded track has two rights:
1. A copyright in the musical and lyrical composition
(administered by PRS for Music for public performance, broadcasting and online
and MCPS for physical products, broadcasting and online).
2. A separate copyright in the actual sound recording
(administered by MCPS if you are using production music, the sound recording
owner if you using commercial music on a physical product (typically the record
company which released it originally) and PPL for public performance and
airplay.)
What
if you are using the original recording?
MCPS and/or PRS for Music should be able to issue you a
licence for your desired music use but if you are using original recordings you
also need to get approval for the use of these.
If you are playing sound recordings in public or are
broadcasting music via radio, TV or the Internet you will need to get a licence
from PPL.
If you are using original recordings on a physical product
you will need to obtain permission from the original sound recording owner.
This can be identified by looking at the P & C notices on the back of the
original CD or see 'Useful Contacts' below. Failure to secure approval for the
use of sound recordings will invalidate any MCPS licence obtained.
What
if you are using your own recording?
If you have made your own recording of an existing musical
composition, better known as a 'cover version', you are the sound recording
owner and will only need to obtain an MCPS licence for any physical products
you produce.
However, if in creating your cover version you have in any
way rearranged or adapted the original musical composition you will need to seek
permission from the music publisher or, if unpublished, the writer/composer
involved.
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Despite what you might think, it is likely that you ARE
using commercial music. Commercial music can be defined as any music produced
that is being marketed directly to the general public by any medium.
The only exception to the above is production music. This is
music specifically written for inclusion in audio and audio-visual productions
and is marketed on a business to business basis. Production music can only be
obtained from a production music library.
Production Music (also known as library music) is high
quality and cost-effective music specifically written for synchronisation or
dubbing into audio and audio-visual productions; from TV or radio adverts to
feature films, websites and even viral marketing campaigns.
MCPS (part of the PRS for Music group) represents 500,000+
tracks and sound effects from over 160 libraries spanning all genres of music.
Versatile and affordable MCPS production music represents
quality. Our Production Music is written by professional songwriters and
composers – including some of the big names.
Clearing the music rights you need is a straightforward
online process. There are no copyright owner permissions to obtain.
Quick, affordable access to the music you need, when you
need it.
•Over 500,000 top-quality tracks and sound effects
•Pre-cleared for any type of usage
•Worldwide rights in perpetuity
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Any location or premises, outside of home, where music is
played from clubs to concert halls, from discos to dentists’ waiting rooms and
from trains to takeaways. The owner/proprietor of the premises is normally
responsible for obtaining a Music Licence for the public performance of
copyright music.
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