If you create music, art, film, or other creative works… you need to be aware of certain legal considerations, in particular copyright law and legal contracts!
Disclaimer: Start Up Heart Up, LLC is not a law firm or a substitute for an attorney. We cannot provide any kind of advice, opinion, or recommendation about possible legal rights, remedies, defenses, selection of forms, or strategies. This publication is designed for general information purposes and does not constitute legal advice. See your attorney about your specific situation.
Copyright Basics
In the US, original creative works are protected by copyright law. Examples include:
Works of Art
Music Composition
Lyrics
Literature
Drawings
Photos
Videos
Recordings
Length of Protection: US copyright protection begins the moment a work is fixed in tangible form. Generally, copyright lasts for the life of the author plus 70 years.
Exclusive Rights of the Copyright Owner:
(1) to reproduce the copyrighted work;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies of the copyrighted work to the public by sale or lending;
(4) to perform the copyrighted work publicly;
(5) to display the copyrighted work publicly;
(6) to perform the copyrighted work publicly by means of a digital audio transmission.
Using Others’ Music in Your Videos and other Digital Content
The key here is to make sure you are not profiting from the use, e.g. no ads on your videos, no sponsorships in your videos using that copyrighted music.
HOWEVER…
Unless explicitly or unambiguously implied otherwise, the owner of the copyright reserves the 6 exclusive rights listed above for as long as the copyright exists. And they may at any time exercise those rights. Creating cover songs would fall under violation of the copyright owner’s right to, at a minimum, prepare derivative works based upon the copyrighted work (#2 above) and perform the copyrighted work publicly (#4).
Cover Songs
Creating covers of popular or trending music is an effective and fun way to get your name out there, but be aware that doing so may be considered copyright infringement if you don’t have proper licensing in place. This is a classic example of “everybody’s doing it”, and here’s the main reason why. Similar to the creation of fan art, indie artist covers of others’ music compositions often helps build the community & goodwill of the copyright owner. Thus, the copyright owner will often opt to allow covers to freely exist out on social media or video platforms without filing take-downs or even reaching out to the indie artists to “cease and desist”.
HOWEVER…
Unless explicitly or unambiguously implied otherwise, the owner of the copyright reserves the 6 exclusive rights listed above for as long as the copyright exists. And they may at any time exercise those rights. Creating cover songs would fall under violation of the copyright owner’s right to, at a minimum, prepare derivative works based upon the copyrighted work (#2 above) and perform the copyrighted work publicly (#4).
Sampling
Sampling involves taking a sample of the original recording of another’s copyrighted work and using it to create a new work, i.e. a derivative work (#2). Generally, you need to get permission from the copyright owners of the musical composition and the recording you wish to sample.
Music Licensing Collective
When you put you music on Spotify, you get paid only the “performance” side of royalties, but not the mechanical royalties. Read more on Mechanical Licensing Collective HERE.
Back pay - limited to 2 years… via @robdymez. When you’re getting offered a deal, you know your leverage if you haven’t collected that pay.
Follow @mugs_amillion on Instagram to learn more— and attend the upcoming FREE webinar put on by the US MLC on January 12, 2021: read more HERE and sign up HERE. Mugs also wrote a book and offers courses for earning your first royalties!
More info via Marcus: @last.laugh901
Get your own ISRC Code. The International Standard Recording Code (ISRC) is an international standard code for uniquely identifying sound recordings and music video recordings. Click HERE to get your ISRC.
Get your songs registered with the PRO. Read more HERE.
Get to know the BMI ASCAP: HERE.
Audiam is a platform that collects performance & mechanical royalties, and they monetize your YouTube videos for you. It’s free (they take a % though). Check it out: HERE.
Sound Exchange.
Buying / Leasing Beats—— More to come…
More on Disco Kid / CD Baby- how to use this.
Contracts
There is so much to consider with contracts involving your artist journey… I will cover in a part 2 blog to be posted this month!
KAE GRUNER, FOUNDER, START UP HEART UP
Business & patent attorney, deal-maker, and lover of ideas, Kae founded Start Up Heart Up with the goal to empower everyday entrepreneurs to move from confused to confident in starting a new business from scratch. Whether you are diving in full-time on your business idea or are simply starting a side hustle around your craft, Kae’s expertise in intellectual property, business planning & strategy, and business law will help you bring any dream business from bright idea to business launch in no time.
Ready to start your own business? Check out our free business plan template, as well as business planning checklists, and other how-to guides for new entrepreneurs! Click HERE to see our DIY resources.