Why Performers Need to Understand Copyright
Music copyright law is complex, and most performing musicians encounter it primarily through confusion and frustration. Can you record yourself playing a copyrighted work and post it online? Do you own the recording of your own performance? What happens when your recording appears on a streaming platform?
These questions have real financial and legal consequences, yet copyright is rarely addressed in music education. This overview provides a practical framework for understanding the copyright issues most relevant to performing musicians.
The Two Copyrights in a Recording
Every recording involves two distinct copyrights:
The composition copyright protects the underlying musical work — the notes, harmonies, and lyrics created by the composer. This copyright belongs to the composer (or their publisher or estate) and lasts for 70 years after the composer's death in most jurisdictions. Works by Bach, Mozart, Beethoven, and other composers who died more than 70 years ago are in the public domain — the composition copyright has expired.
The sound recording copyright protects a specific recorded performance. This copyright typically belongs to the person or entity that financed the recording — often a record label, but potentially the performer if the recording was self-funded. Sound recording copyrights have their own duration and rights structure.
This distinction is crucial for performers. When you record yourself playing a Beethoven sonata, the composition is in the public domain (no composition copyright applies), but your recording is a new copyrighted work that you own (assuming you funded the recording).
When you record yourself playing a work by a living composer, both copyrights are in play. You own the sound recording, but the composition remains the property of the composer or their publisher.
Posting Performances Online
The question of whether you can post a recording of a copyrighted work online depends on the platform and the work:
Public domain works. You are free to record and distribute performances of works whose composition copyright has expired. Your recording of a Chopin nocturne can be posted anywhere without permission or payment.
Copyrighted works on major platforms. YouTube, Instagram, Facebook, and other major platforms have licensing agreements with music publishers that cover most copyrighted compositions. When you upload a performance of a copyrighted work, the platform's content identification system typically detects it and routes a portion of any advertising revenue to the rights holder. You may see a copyright notice on your video, but it is generally not removed unless the rights holder objects.
Copyrighted works on other platforms or your own website. Outside of major platforms with blanket licenses, posting recordings of copyrighted works requires a mechanical license (for audio-only recordings) or a synchronization license (for video). These licenses can be obtained through licensing agencies or directly from the publisher.
Recording for Commercial Release
If you plan to release a recording commercially — on streaming platforms, as a physical CD, or as a paid download — licensing requirements apply regardless of the platform.
Mechanical licenses are required for each copyrighted composition on the recording. In the United States, the mechanical license rate is set by statute and is currently 9.1 cents per copy for compositions under five minutes. Licensing services can handle the process for a modest administrative fee.
Record label contracts. If a label is releasing your recording, the label typically handles licensing. However, read your contract carefully to understand how costs are allocated and how revenue is split. Many musicians have signed contracts that seemed favorable only to discover that licensing fees, production costs, and distribution expenses were deducted from their royalty share.
Performance Rights
When your recording is played on radio, in a concert hall, or on a streaming platform, performance rights organizations (ASCAP, BMI, SESAC in the US; PRS in the UK; GEMA in Germany) collect royalties on behalf of composers and publishers.
Performers have separate rights to royalties when their recorded performances are played. In the United States, SoundExchange collects and distributes digital performance royalties to recording artists and rights owners. If your recordings are played on digital platforms, register with SoundExchange to ensure you receive the royalties you are owed.
Common Misconceptions
"If I arrange a public domain work, I own the copyright." Partially true. Your arrangement is a new copyrighted work, but only the elements you added are protected. Anyone can still perform the original version.
"Giving credit is the same as getting permission." It is not. Attribution does not substitute for licensing. Citing the composer or publisher in your video description does not grant you legal permission to use their work.
"Live performance recordings are different." The same copyright principles apply to live recordings. If you record a live performance of a copyrighted work, you need the same licenses as for a studio recording if you plan to distribute it.
Practical Recommendations
Performers should develop a basic working knowledge of copyright sufficient to make informed decisions about recordings, online content, and commercial releases. When significant money or legal risk is involved, consult an entertainment attorney. The cost of an hour of legal advice is trivial compared to the potential consequences of a copyright dispute.
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