Copyright for an audio recording is different from a musical composition. A composition is words and musical notation, while a recording is a form of performance. To register for copyright, a Performing Arts Copyright Form must be submitted. The distinction is important for payment and reproduction rights. Notable musicians have written music without performing it, and licensing the use of compositions for others to make recordings is common. Illegal reproduction of a recording falls to the producers, while performing a composition without permission is copyright infringement.
For copyright purposes, an audio recording differs from a musical composition when a person claims copyright status. The United States copyright office distinguishes between the two, because a composition is words and musical notation, while a recording is a form of performance. Furthermore, even a recording of spoken text, such as a book on tape, can be copyrighted even if it is not music.
To register for copyright for a musical composition, you must submit a Performing Arts Copyright Form. You must include sheet music for the composition, and many applicants include a recording of the music being performed. This does not, however, constitute a sound recording.
If a musician is trying to copyright both the music composition and a recording at the same time, file a longer audio recording form. This means that the specific performance and material performed are now subject to copyright law. Many musicians work primarily as songwriters, however, and may only include a recorded song in a performing arts song to support their claim that they have, in fact, written the material.
The distinction often boils down to who gets paid and when. A copyrighted audio recording protects the person who owns the copyright from illegal reproduction of the recording. This could include illegal downloading or sharing of files and unauthorized burning of discs. In general, while the copyright is active, no one can use that particular recording without paying for it, unless the copyright holder actively gives it away.
A performing arts copyright works differently. Anyone wishing to record the song must obtain permission from the composer. As long as the copyright is valid, the composition may not be used without payment or without permission. Unless the composer sells the copyright, he or she retains full rights to its exclusive use. He can license the composition for use in a sound recording and will generally be paid for such a license.
There are several notable musicians who have written music without performing it, including the Bee Gees, Lionel Ritchie and Burt Bacharach. Even if they didn’t perform some of their own compositions, they always had the right to do so if they wanted to. They have licensed the use of their compositions for others to make recordings.
For example, the Dolly Parton/Kenny Rogers duet “Islands in the Stream” is a composition by Barry, Robin and Maurice Gibb. The song’s producers paid the Gibbs’ to use the composition on a record. Filing a sound recording form therefore protected the copyright of that performance. The Gibbs could perform the song in concert, however, or even record their own version. All the artists involved were paid accordingly: Dolly Parton and Kenny Rogers received a cut of the record sales for their performance and Gibbs was paid to license the song.
If someone had illegally copied Parton and Rogers’ recording, it would have fallen to the producers of the song to seek legal redress. Alternatively, if someone had performed “Islands in the Stream” without the Gibbs’ permission, this would have been copyright infringement of the performing arts. The Bee Gees would be responsible for seeking any damages suffered from this breach.
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