Copyright in music — everything you need to know about your rights

What is copyright in music?

Copyright is a statutory exclusive right that gives the creator of a work economic and moral rights. This means that as a music creator you receive compensation for your work, recognition for your work, and that no one may alter or use the work in a way you do not consent to.

Roles in the music industry

There are various roles in the music industry with specific rights:

• Author/creator: The person who creates music or lyrics has economic and moral rights to their work.
• Artist: The person who performs the music has related (neighbouring) rights, which protect their performances.
• Producer: The person who finances and organizes the recording of the music also has related (neighbouring) rights.

All rights are governed by copyright law and aim to protect creators' interests.

How the protection works

Protection for music arises automatically when the work is created. You therefore do not need to do anything yourself for the protection to apply. However, if a dispute arises, evidence of when and by whom the work was created may be required, for example by having the work registered with STIM.

Economic and moral rights

Copyright is divided into economic and moral rights.

Economic rights

The economic right means that you are entitled to remuneration when your musical piece is performed publicly, for example at a concert, in a store, or on the radio. You are also entitled to remuneration when your work is recorded or copied. Regardless of how your work is used, you should have the opportunity for financial compensation.

Moral rights

Moral rights ensure that the author's name is indicated when the work is used. They also protect the work from being used in a way that may harm the creator's reputation or integrity.

Adaptations of works

As the author, you have the right to control if and how your work may be adapted or altered, for example a remix or a translation into another language. No one may change the work without your permission.

Duration of protection and exceptions

Copyright applies for a certain period, known as the term of protection, and contains exceptions that allow certain uses without permission. This is regulated by legislation.

Term of protection for copyright

Protection lasts for the life of the author and 70 years after their death. After this period, the work can be used freely.

Related (neighbouring) rights

Related (neighbouring) rights apply to artists and producers and protect their performances and recordings. The protection normally lasts 70 years from the time of recording. The author's rights protect the creation of a work. Related rights protect performances and the technical production of a work.

Exceptions

Certain uses of protected works are allowed without permission. The most common exceptions are:

• Private copying: Individuals may make copies of copyrighted works for private use, for example copying a CD for personal use.
• The right to quote: It is permitted to quote copyrighted material in accordance with good practice and if it is justified by the context.
• Use for teaching: Teachers and students may use works in educational settings, for example playing music or showing films in the classroom.
• Library exception: Libraries, archives and museums may copy and digitize works for the purpose of preserving them or making them available to researchers and the public.

Licensing of music

Licenses are a form of permission required to use copyrighted material legally. Licensing ensures that music is used legally and that the creator receives compensation for their work. Licensing is essential to regulate the use of music.

Using music or other works without a license is copyright infringement. This not only carries legal and financial risks, but can also affect the trustworthiness of the person who violates copyright.

What is licensing?

Licensing means that an author or rights holder gives someone else permission to use their copyrighted work under specific conditions.

Specific uses

• Public performance: Those who write music and lyrics, the authors, are entitled under copyright law to remuneration when their music is performed publicly. A music license from STIM is required when music is played in businesses such as shops, restaurants, gyms and other public venues or at live performances.
• Licenses for sampling: Sampling involves using parts of a copyrighted work in a new creation, which requires permission from the songwriter or music publisher and sometimes from the record label if the sound recording is used (a master license). Licenses regulate how the work may be used, and sampling without permission is copyright infringement that can lead to legal action.
• Synchronization: A synchronization license is required to combine music with visual media such as film, TV, advertising or video games. The license grants the right to synchronize the music with images and is negotiated with copyright holders such as songwriters, music publishers and record labels. The terms regulate the duration of use, platforms and geographic territories and are often used to enhance storytelling in film or create impact in advertising.
• Covers: Recording and distributing a cover requires a license that grants the right to use the song, while the songwriter retains all rights. The license is obtained via rights organizations and involves a fee based on distribution. For use in visual contexts, such as film or advertising, a synchronization license is required.