Copyright: Music

Guidance on compliant use of Film at BCU.

When working with copyrighted music, you need to know how copyright rules apply to the different forms of musical works.This guide provides you guidance about :

In an academic context, fair dealing allowances are defined in the Music Publishers Association (MPA) Code of Fair Practice.

Music as an artistic form has a number of layers of copyright that need consideration. 
The rules for using sheet music and recordings vary:

  • Written music is protected as a composition.
  • Lyrics themselves are considered literary works.
  • Recordings of the music have separate copyright applied in relation to the capturing of the performance.

Sheet Music

How long is copyright on printed sheet music?

  • Generally, copyright lasts for the composer's life plus 70 years after their death. This applies to editors and authors involved in the creation as well.
  • If the sheet music was published recently (within the last 25 years), it might still be under copyright regardless of the composer's lifespan.

 

Who owns the copyright of sheet music?

  • The composer typically owns the copyright for the musical notation
  • The lyricist, if there are lyrics, will have a separate copyright for the words.
  • Finally, the publisher who printed the sheet music might also hold a copyright for the specific printed edition.

 

 Permitted Uses: What You Need to Know about using Sheet Music in Class.

Sound Recordings

A recording of a musical performance also incorporates several copyright aspects:

  • The Recording Itself: Copyright for the actual recording is typically owned by the producer who financed and created it. This is separate from the copyright of the music itself.
  • The Music (Composition and Lyrics): The music (melody, harmony, etc.) and lyrics have their own copyright, usually owned by the composer and lyricist, respectively.
  • The Performance: The performers may have separate rights related to their performance in the recording.

 

How Long Does Copyright Last for Recordings?

The copyright duration for a sound recording generally depends on whether it has been released publicly:

  • Published Recordings: If the recording is released (e.g., on an album or online), copyright lasts for 70 years from the year of publication.
  • Unpublished Recordings: Recordings not released to the public have a shorter copyright term of 50 years from the date it was created.


Permitted Uses of Sound Recordings

Short Clips are permitted. “Fair dealing” as contained within educational exceptions to the CDPA (1988), allows for the copying of small portions of sound recordings for specific purposes like critiquing a song, reviewing an album, or illustrating a point in a lesson. Downloading entire songs illegally, however, always infringes copyright.

Section 34 of the CDPA allows playing sound recordings in class for educational / assessment purposes, as long as the audience is limited to current registered students and staff and the event is not monetised.


Public performances require licences provided by two organizations:

  • PRS for Music: which licences performances of the music itself (composition and lyrics).
  • PPL: Which licences the performance rights of the artists and record companies.


In many cases, you'll need both licenses to be compliant.
 


 

Arrangements

Arrangements of copyright musical works may be made by teachers or students in the course of instruction for the purposes of instruction/assessment at an educational establishment provided that:

  • All arrangements are the property of the original rights holder, 
  • the arrangements are not used in any public performance or outside the educational establishment in which they are made, 
  • and provided that any copy of an arrangement has the following warning label attached to it:

This arrangement is made for the sole purpose of use within (educational establishment) and may not be used for any other purpose without the possibility of infringing copyright. The original title of the work is by (composer). In particular, it may not be PUBLICLY PERFORMED, RECORDED, REPRODUCED OR BROADCAST.

UK law, however, does require a user to get a licence where a licensing scheme exists.
Although some composers might be open to arrangements of their work, this is not always the case and UK law grants them ultimate control to decide whether such modifications are permitted.


 

Music Resources and Support

Your Music subject librarians

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Emma Brown
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