Last.fm Music Manager

Music Manager Help: Guide to Music Copyright

If your question is not answered below you can also check the Artist and Label Forum to find help.

What is copyright?
Copyright laws vary in each country. This short summary is intended to help you decide whether you need legal advice.

Copyright is a property right afforded by law that protects the original artistic expressions of creators.

What are music rights?
When we talk about “rights” in music, we are talking about copyright.

A music track is made up of a number of copyright elements:

  1. The music (also known as the “musical composition”);
  2. The lyrics; and
  3. The sound recording of the performance of the musical composition and the lyrics.

The music and lyrics are often referred to as the “music publishing” rights. The sound recording is often referred to as the “recording” right. Each separate element of a track is protected by copyright.

What about music videos?
There are additional elements that are protected by copyright in a film. The first owner of copyright in a film is the producer and director. Individual performers and actors also have certain rights to control the performances they give in music videos.
Who owns the copyright in music?
The first person to create content is usually the first owner of the copyright in it. Where there is more than one creator, copyright may be owned jointly.

Copyright can be assigned to someone else.

Sound recording

The first owner of a sound recording is the person who undertakes the necessary arrangements for the making of the recording. This is usually the producer.

The rights in the sound recording are usually assigned by the producer to a record company. The record company may be the first owner of copyright in those sound recordings if the record company is the producer.

Music and lyrics

The first owners of copyright in the music and lyrics will be the composer who composed the music and the person who wrote the lyrics.

Publishing rights are often assigned to a music publisher, whose job is to exploit the rights in the musical compositions.

Artists

Artists have a right to control the exploitation of their performances. However, artists usually assign any rights they have in their performances to a record label.

Music videos

A producer and a director own the first copyright in a music video.

Generally, record companies take an assignment or ‘buy out’ of all additional rights in a music video.

What rights do I have as a copyright owner?
A copyright owner has the right to control certain acts of exploitation such as to:

  • copy the music;
  • issue, lend or rent copies to the public;
  • perform, show or play the music in public; and/or
  • communicate the music to the public (via TV, radio, online etc.)

It is illegal to do any of the restricted acts above without the copyright owner’s permission.

Often, bands fail to properly organise their contractual affairs and this can, in turn, lead to disputes. If you are in any doubt as to whether you own the relevant rights in your music, then you should not upload it to Last.fm and instead seek legal advice from a music industry specialist lawyer.