Copyright in music — everything you need to know about your rights

What is copyright in music?

Copyright is a statutory exclusive right that gives the creator of a musical work economic and moral rights. As a music creator, you receive compensation as well as recognition for your work of music, and no one may alter or use your musical work without your consent.

Roles in the music industry

There are various roles in the music industry with specific rights:

• Creator: The person who creates music or lyrics has economic and moral rights to their works of music.
• Artist: The person who performs the music has related (neighbouring) rights, which protect their performances.
• Producer: The person who finances and organizes the music recording also has related (neighbouring) rights.

All rights are governed by copyright law and aim to protect creators' interests.

How the protection works

Protection for music arises automatically when the work of music is created. You therefore do not need to do anything yourself for the protection to apply. However, if a dispute arises, evidence of when and by whom the musical work was created may be required, for example if the work of music is registered with Stim.

Economic and moral rights

Copyright is divided into economic and moral rights.

Economic rights

Economic rights means that you are entitled to remuneration when your musical work is performed publicly, for example at a concert, in a store, or on the radio. You are also entitled to remuneration when your musical work is recorded or copied. Regardless of how your work of music is used, you should have the opportunity for financial compensation.

Moral rights

Moral rights ensure that the creator's name is credited when the work is used. These rights also protect the work of music from being used in a way that may harm the creator's reputation or integrity.

Adaptations of musical works

As a creator, you have the right to control if and how your musical work may be adapted or altered, for example if it is remixed or translated into another language. No one may change the work of music without your permission.

Protection duration and exceptions

Copyright applies for a certain period, known as the term of protection, and has exceptions that allow certain uses without permission. This is regulated by legislation.

Term of protection for copyright

Copyright lasts throughout the creator’s life and 70 years posthumously. After this period, the work can be used freely.

Related rights

Related (also called neighboring) rights apply to artists and producers, protecting their performances and recordings. The protection normally lasts 70 years from the time of recording. The creator's rights protect the creation of a musical work. Related rights protect performances and the technical production of a musical work.

Exceptions

Certain uses of protected musical works are allowed without permission. The most common exceptions are:

• Private copying: Individuals may make copies of copyrighted works of music for private use, for example copying a CD for their own use only.
• Quotes: It is permitted to quote copyrighted material in accordance with good practice and if it is justified by the context.
• Teaching: Teachers and students may use works of music in educational settings, for example by playing music or showing films in the classroom.
• Libraries: Libraries, archives and museums may copy and digitize works of music for the purpose of preservation or making the music available to researchers and the public.

Music licensing

Licenses are a kind of permission required to use copyrighted material legally. Licensing ensures that music is used legally and that the creator receives compensation for their musical works. Licensing is essential to regulate the use of music.

Using music or other works without a license is copyright infringement. This not only carries legal and financial risks, but can also affect the trustworthiness of the person who violates copyright.

What is licensing?

Licensing means that a creator or rightsholder gives someone else permission to use their copyrighted work under specific conditions.

Specific uses

• Public performance: Those who write music and lyrics, the creators, are entitled under copyright law to remuneration when their music is performed publicly. A music license from Stim is required when music is played in businesses such as stores, restaurants, gyms and other public venues or at live performances.
• Licenses for sampling: Sampling involves using parts of a copyrighted work in a new creation, which requires permission from the songwriter or music publisher and sometimes from the record label if the sound recording is used (a master license). Licenses regulate how the work may be used, and sampling without permission is copyright infringement that can lead to legal action.
• Synchronization: A synchronization license is required to combine music with visual media such as film, TV, advertising or video games. The license grants the right to synchronize the music with images and is negotiated with copyright holders such as songwriters, music publishers and record labels. The terms regulate the duration of use, platforms and geographic territories and are often used to enhance storytelling in film or create impact in advertising.
• Covers: Recording and distributing a cover requires a license that grants the right to use the song, while the songwriter retains all rights. The license is obtained via rights organizations and involves a fee based on distribution. For use in visual contexts, such as film or advertising, a synchronization license is required.