Music Copyrights and Publishing 101
What Does Copyright Protect?
Copyright is a crucial area of law for musicians, safeguarding various forms of creative expression that are fixed in a tangible form. In music, copyright is split into two distinct parts:
- Musical Works (Underlying Composition): This includes the harmony, melody, and any accompanying lyrics. Think of sheet music and words in a notebook.
- Sound Recordings (Masters): These are particular expressions of the underlying composition, produced and recorded by the recording artist(s). Think of the music you stream on platforms like Spotify.
Accordingly, every song has two separate sets of copyrights: the composition rights and the master recording rights. In some cases, both sets may belong to the same person, such as when an artist writes and records a song from scratch.
Duration of Copyright
In India, copyright protection lasts for the life of the author plus an additional 60 years. For works created with additional authors (e.g., a songwriting partner or a band), the copyright lasts sixty years after the death of the last surviving author/member. After this period, the work enters the public domain, making it free for anyone to use.
Rights Granted Under Copyright Law
Copyright law grants several exclusive rights to the copyright holder:
- The right to reproduce the copyrighted work.
- The right to prepare derivative works based on the original work.
- The right to distribute copies of the work to the public.
- The right to perform the copyrighted work publicly.
- The right to display the copyrighted work publicly.
Receiving Royalty Money
In India, licensing of lyrics and compositions can only be done through the Indian Performing Rights Society (IPRS), the country's sole registered copyright society. Broadcasters and aggregators (e.g., Spotify, Netflix, Apple Music, YouTube) pay IPRS, which then distributes royalties to the copyright holders. Generally, the record label/publisher (owner of the sound recording) receives 50% of the royalties, while the remaining 50% goes to the composer and lyricists.
Types of Royalties
1. Performance Royalties: These are fees paid when music is performed publicly, such as on the radio, in restaurants or bars, at live events, or via streaming services. Performance rights organisations (PROs) like IPRS in India collect these royalties from music users and distribute them to the author/composer and rights holders.
2. Mechanical Royalties: These royalties are paid when music is sold (e.g., CDs, vinyl) or streamed on-demand (e.g., Spotify). Despite streaming being a hybrid of ‘performance’ and ‘sale,’ both performance and mechanical royalties are paid to songwriters and artists.
3. Sync Royalties: These are paid to songwriters and publishers when a song is used as background music for movies, TV shows, or commercials. A one-time sync fee is usually charged in addition to ongoing sync royalties.
Ensuring You Receive All Your Royalties
To ensure you receive all royalties owed to you:
- Register with IPRS: As the sole registered copyright society in India, IPRS handles the licensing and royalty distribution for lyrics and compositions.
- Register Your Works: Submit all your songs, background music cue sheets, and jingle cue sheets to IPRS.
- Submit Setlists for Live Shows: Ensure the set list of your live performances is also submitted to IPRS.
Publisher vs. Publishing Administrator
- Music Publisher: Manages, licences, and registers compositions; collects royalties; provides legal protection; and offers marketing and advertising opportunities. A publisher typically takes ownership of a percentage of your compositions.
- Music Publishing Administrator: Administers, registers, and licences compositions to PROs globally on behalf of songwriters. Unlike a publisher, an administrator does not own part of the composition but works for a fixed fee based on revenue collected.