Music Copyright & Performers Rights in Sound Recordings Guidance for recording musicians on copyright and performers' rights. Last updated: 03 October 2023 What is copyright? Copyright is the right to prevent copying so the owner of copyright can prevent others copying their work without their permission. In the UK, the Copyright Designs and Patents Act 1988, as amended, (“the Act”), gives creators further important rights over their creations, including five primary infringements of copying, which are: Issuing copies to the public Renting or lending the work to the public Performing, showing or playing the work in public Communicating the work to the public Making an adaptation of the work or doing any of the above in relation to an adaptation. Learn more on Arranging and Copying. In addition, the Act creates a number of secondary infringements: Importing, possessing or dealing with an infringing copy. Providing means for making infringing copies. Permitting the use of premises for an infringing performance. Providing apparatus for an infringing performance. Who is the owner of copyright? The author of the work – that is the person who created the work – is the first owner of copyright in it. So, as regards to the music (a musical work), the composer would be first owner of copyright, and as regards to lyrics (a literary work), the writer would be the first owner. If you are recording music then please take extra care as the owner of the music and lyrics is not automatically the owner of the recording. Regarding the following, the Act specifies: A sound recording: the author is the producer. A film: the authors are the producer and principal director. A broadcast: the author is the person making the broadcast. A typographical arrangement of a published edition: the publisher is the author. “Producer” is defined in the Act as meaning – in relation to a sound recording or a film – the person by whom the arrangements necessary for the making of the sound recording or film are made. Where a work is created jointly, there can be joint authorship. But where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of their employment, the employer is first owner of copyright, unless the contrary has been agreed. However, works can be assigned from one owner to another, provided that the assignment is in writing and is signed by the person assigning the work. Most publishing contracts will assign copyright from the composer/writer to the publisher so thereafter the publisher is the copyright owner of the work. What works can acquire copyright? Copyright can subsist in: Original literary, dramatic, musical and artistic works. Sound recordings, films and broadcasts. The typographical arrangement of published editions. Copyright can also exist in an arrangement or orchestration of a musical work, quite separately from the copyright in the original musical work. If ‘A’ writes an original composition then ‘B’ helps him arrange it, A will remain owner of the copyright in the original version, while A and B can be joint owners of copyright in the new arrangement. However, any ‘adaptation’ of a musical, literary or dramatic work will be an infringement of copyright in the original work if made without the copyright owner’s consent. Since an arrangement or transcription of a musical work is an adaptation you will need the consent of the composer of the original work (or if the work has been assigned to a publisher, the consent of that publisher) to make an arrangement of it. If A wants to use a particular arranger B to make an arrangement of A’s work, an agreement can be made between A and B that some share of copyright in the arrangement (but not in the original work) will be attributed to B. This is a matter of negotiation, but it is important to remember that arrangers, producers and orchestrators have no automatic right to arrange your copyright work without your permission, and that you have no right to arrange someone else’s copyright work without their permission. Often permission to make a new arrangement is only granted on the basis that 100% of the new arrangement is assigned to the original composer (or their publisher). Qualification requirements for copyright Qualification for copyright protection under the Act is by reference to the author or to the country of first publication. The provisions are rather complex and you should always take expert advice. Essentially, to gain copyright protection under the Act, either the author of the work must be a British citizen, British national, British subject, etc, or domiciled or resident in the UK. Or the country of first publication of the work must have been the UK or some other country to which the Act applies. When does a work acquire copyright? In the UK copyright in a work comes into existence when the work is created, unlike some countries such as the USA where copyright requires registration to gain full protection. However, since there is no copyright in an idea, the Act spells out that musical works, literary works and dramatic works only come into existence as works capable of copyright protection once the work has been recorded, for instance, in writing or in audio or audiovisual format. How long does copyright last? Literary works (lyrics): the life of the author plus 70 years Musical works (music): the life of the composer plus 70 years. But as regards works of joint authorship or co-authorship the life of the last surviving author or composer plus 70 years Sound recordings: 70 years from the end of the calendar year of release if first released after 1963 Broadcasts: 50 years from the end of the calendar year of broadcast Films: 70 years from the end of the calendar year in which the death occurs of the last to die of: principal director; screenplay author; dialogue author; composer of music specially created for and used in the film Typographical arrangement of published editions (for example a music score): 25 years from the end of the calendar year in which the edition was published Member benefits and services Royalty Distribution for Recordings The MU Royalties department collects between £1.5 million to £2 million a year for musicians for the secondary and further use of recordings. Read more about Royalty Distribution for Recordings Collective Bargaining The MU negotiates collective bargaining agreements with broadcasters and umbrella organisations for other regular employers of session musicians. Read more about Collective Bargaining Maximised Pay for Recording Musicians Our aim is to maximise the pay and employment of UK session musicians, and to collect every secondary use fee they are due. Read more about Maximised Pay for Recording Musicians Contract Advisory Service If you're a member, the MU can help you make sure the contract you sign is fair and includes all necessary clauses. Read more about Contract Advisory Service Unpaid Fee Recovery We can help when you haven't been paid properly for your work. Read more about Unpaid Fee Recovery Personal Injury Claims Legal benefits package for you and your family via Morrish Solicitors. Read more about Personal Injury Claims Latest news and features £1,000 Career Development Bursary for Artists from Under-Represented Communities Applications are open for artists from under-represented communities to apply for a £1,000 career development bursary from Creative Access. Published: 27 September 2024 Read more about £1,000 Career Development Bursary for Artists from Under-Represented Communities MU Calls on Labour Government to Back Fair Remuneration From AI MU General Secretary Naomi Pohl outlines three measures that Government must take to protect the UK music industry. Published: 26 September 2024 Read more about MU Calls on Labour Government to Back Fair Remuneration From AI Sign the Petition to Bring Back the Full Strictly Come Dancing Live Band The Musicians’ Union is calling on musicians and Strictly Come Dancing fans to sign the Keep Strictly Live petition. Published: 13 September 2024 Read more about Sign the Petition to Bring Back the Full Strictly Come Dancing Live Band Take Part in European Folk Day on 23 September Folk musicians are encouraged to take part in the 2nd annual European Folk Day taking place on 23 September 2024. Published: 22 August 2024 Read more about Take Part in European Folk Day on 23 September MU Gravely Concerned by Closure of Scotland’s Vital Arts Fund We are deeply concerned to learn that Creative Scotland has closed the Open Fund for Individuals due to the Scottish Government budget cuts. Published: 21 August 2024 Read more about MU Gravely Concerned by Closure of Scotland’s Vital Arts Fund Read all recording & broadcasting news #FixStreaming Take urgent action to fix streaming Ask your MP to put the value of music back where it belongs – in your hands Email your MP now See all Campaigns Contact the Musicians' Union today The MU has a network of experienced teams available to help musicians in all areas of the industry. If you have any questions about our services, membership or how the MU could help you, please don't hesitate to get in touch. Contact the MU
Royalty Distribution for Recordings The MU Royalties department collects between £1.5 million to £2 million a year for musicians for the secondary and further use of recordings. Read more about Royalty Distribution for Recordings
Collective Bargaining The MU negotiates collective bargaining agreements with broadcasters and umbrella organisations for other regular employers of session musicians. Read more about Collective Bargaining
Maximised Pay for Recording Musicians Our aim is to maximise the pay and employment of UK session musicians, and to collect every secondary use fee they are due. Read more about Maximised Pay for Recording Musicians
Contract Advisory Service If you're a member, the MU can help you make sure the contract you sign is fair and includes all necessary clauses. Read more about Contract Advisory Service
Unpaid Fee Recovery We can help when you haven't been paid properly for your work. Read more about Unpaid Fee Recovery
Personal Injury Claims Legal benefits package for you and your family via Morrish Solicitors. Read more about Personal Injury Claims
£1,000 Career Development Bursary for Artists from Under-Represented Communities Applications are open for artists from under-represented communities to apply for a £1,000 career development bursary from Creative Access. Published: 27 September 2024 Read more about £1,000 Career Development Bursary for Artists from Under-Represented Communities
MU Calls on Labour Government to Back Fair Remuneration From AI MU General Secretary Naomi Pohl outlines three measures that Government must take to protect the UK music industry. Published: 26 September 2024 Read more about MU Calls on Labour Government to Back Fair Remuneration From AI
Sign the Petition to Bring Back the Full Strictly Come Dancing Live Band The Musicians’ Union is calling on musicians and Strictly Come Dancing fans to sign the Keep Strictly Live petition. Published: 13 September 2024 Read more about Sign the Petition to Bring Back the Full Strictly Come Dancing Live Band
Take Part in European Folk Day on 23 September Folk musicians are encouraged to take part in the 2nd annual European Folk Day taking place on 23 September 2024. Published: 22 August 2024 Read more about Take Part in European Folk Day on 23 September
MU Gravely Concerned by Closure of Scotland’s Vital Arts Fund We are deeply concerned to learn that Creative Scotland has closed the Open Fund for Individuals due to the Scottish Government budget cuts. Published: 21 August 2024 Read more about MU Gravely Concerned by Closure of Scotland’s Vital Arts Fund