Copyright is the protection of the expression of an original idea, whether it is expressed in the form of music, a painting or other written material. If you create something, it's yours. Copyright owners have a number of rights under current federal law that include the right to control the reproduction, distribution and adaptation of the work, as well as the public performance or display of the work.
Why Do We Have Copyright Laws?
The value of strong copyright laws has been recognized in this country since the writing of the Constitution. Fundamentally, our society has always believed that if you create something -- music, a story, a poem -- the work belongs to you, and as the creator, you have the right to determine how it can be reproduced, distributed, adapted, publicly performed and publicly displayed. Copyright laws were developed to help ensure that everyone -- whether you are a student or a professional, whether you are well-established or just starting out -- is able to protect his or her artistic work.
Who Generally Owns The Copyrights To Music?
For any given recording, there are at least two copyrighted works involved. First, there is the copyright in the musical work. That is the lyrics and musical notes as they are written on paper. This copyright is typically owned by the songwriter or music publisher. Then there is the copyright in the sound recording which is a recording of the performer singing or playing a particular song. This copyright is usually owned by the record company. So if John Doe writes a song called "Singing the Blues," the written lyrics and notes would constitute a musical composition. Thereafter, if Betty Blues records herself singing Doe's song, that recorded rendition would be a sound recording. There can be multiple recorded renditions (and thus separate sound recordings) of the same musical composition.
How Do Copyright Laws Apply To Music On The Internet?
The laws remain the same.Reproduction, distribution and, in some cases, digital transmission of sound recordings, even samples in many cases, must be authorized by the sound recording owners.
So, What Does This Mean To Me?
If you don't hold the copyright to a soundrecording, you can't reproduce the work or distribute it. While there is an exception for personal copying onto cassettes and some digital media, that exception does not apply to the Internet. This is because when you put a sound file containing a recording on your website, ftp site, e-mail it to a friend, send it through a chat service, or send it out to others by any other means, it constitutes a distribution of that sound recording, which you need permission to do. It's no longer personal use once others receive their own copies of that file. This means that, as a general rule, you can't copy it to a server, download it or upload it. Marking a site "for promotional use only" or "for demonstration purposes only" or just telling users to buy CDs after they listen to the sound files doesn't make it legal.
How Can I Legally Put Music On The Internet?
If you want to reproduce, distribute and, in some cases, digitally transmit recorded music online, you may need the licenses from several organizations and companies. In addition, the licensing requirements may vary depending on your proposed use.
What Can Happen To Me?
If found guilty of copyright infringement, you can be forced to stop what you are doing (including having your Web site taken down), forced to pay damages and made to pay attorneys' fees to cover the costs for suing you.
If you are found guilty of willfully infringing a copyrighted work, you can be sentenced for up to five years imprisonment, fined up to $250,000, or both. Criminal penalties may apply even where no profit or commercial advantage is derived from the infringing activity. Thus, sites that barter, trade or even give away infringing copies of works may still be criminally liable and subject to prosecution.
Students who useschool resources for creating their site or accessing the Internet may be subject to disciplinary action at their school if it is determined that school computer policies have been violated.
Who Gets Hurt By Piracy?
By developing and/or visiting illegal sites, you are hurtingartists and their ability to create new works. Recording artists, producers, composers, publishers and vocalists who help make records are all cheated by pirates out of their share of royalties. These people in the music community generally depend on royalties for their livelihoods, and their reputations may be damaged in cases where consumers unknowingly purchase poor quality copies of their work.
