The Copyright Act and protection for music

The Copyright Act 1968 protects music and performances under different categories, protecting musical composition, lyrics, sound recordings and performances of music.

The Copyright Act 1968 gives the creator or performer (or the person or company to whom they have transferred that right) the exclusive right to control recording, publishing, performing, reproducing and communicating their work online. Ownership of music can be complex; being shared between composers, performers, publishers and persons or organisations making the recording. Copyright ownership may also be transferred or sold to another person or organisation.

There may be different levels of copyright in one work.

• Musical work (written composition) Copyright in the musical composition is usually owned by either the composer or arranger or the music publisher.
• Literary work (lyrics) The words of a song are protected separately to the music. Copyright in the lyrics is usually owned by the songwriter or the music publisher.
• Audio or sound recording This could be a CD, MP3 or other format. Copyright in the sound recording usually is owned by the relevant record company.
• Published Editions of Printed Music Copyright in the layout or appearance of printed music is also protected. This copyright is owned by the publisher. It means that they have the right to control the making of a facsimile copy of the edition.

Performances

Separate to the copyright in a musical work, sound recording or published edition there are also performer's rights to consider.

A performer has the right to control the recording of their performance. They also have part ownership rights in sound recordings of live performances. Performers have moral rights in the sound recordings of their performances, but not in audio visual recordings of their performances.

Send an email inquiry to the University's Copyright Adviser.