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It is important to understand that several copyrights can exist in the same recording.
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If you are the writer of the music and the lyrics: |
You will be the first copyright owner of the musical copyright work and the literary copyright work.
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If your song is then recorded and a master sound recording created, a third copyright is created: |
The copyright in the sound recording.
This is owned by the person "who made the arrangements necessary for the making of the sound recording." (Usually the record company)
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| Who owns the copyright in a demo sound recording?
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It is frequently the band's management if they have made all the recording arrangements and paid for the studio.
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Who owns the copyright of songs recorded under contract for a recording company?
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The copyright owner in the sound recording almost certainly will be the record company. |
It is important to remember the distinction between the copyright in the song and the copyright in the sound recording. Both copyrights can be owned by different people and generate different income streams.
As the Copyright Owner, what are my Rights?
As the copyright owner, you have certain exclusive rights. These rights are referred to the "restricted acts".
The law allows you to prevent other people from copying, performing, broadcasting or adapting your work without your consent. If a person does copy a substantial part of your music without your consent they may be liable for copyright infringement.
The Assignment and Licensing of Copyright
As the first copyright owner you are able to exploit your rights by entering into either licence agreements or assignments with third parties.
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When you assign your rights, you sell them
An assignment is a complete "buy-out" of your rights. Ownership of the copyright will be transferred absolutely to the party that buys the copyright. You will cease to have any rights.
When you license your rights, you rent them
A licence on the other hand can take many different forms and is basically an agreement where you allow a third party to use your rights for a limited purpose and for limited time. With a licence you retain ownership of the copyright at all times.
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