Guide: everything you need to know about music copyright ⚖️
Every piece of music is much more than a simple melody, made up not only of notes and lyrics, but also of rights and rules. From the independent artist composing in the privacy of his studio, to the industry giant producing global hits, every player in the musical universe is affected by rules and protections: these are copyright.
How do artists keep control of their creations, and how, in this copyright-driven world, do every note and every silence count? Whether you're a musician looking to protect your latest work, a producer in search of best practices, or simply a music lover curious about what goes on behind the scenes of your favorite tunes, put your ear to the ground and discover all the secrets of copyright.
What is copyright in music? 🧐
As soon as an artist composes a piece of music, he or she has rights to his or her work of the mind. This is known as copyright. These rights protect musical compositions, including melodies, lyrics and sometimes arrangements. They apply from the moment the work is created, without the need for formal registration, as long as the work is original and fixed in tangible form. However, this does not protect general ideas, styles or genres.
In France, copyright is governed by the Intellectual Property Code. They are automatic and require no registration. They give authors the exclusive right to reproduce, represent, adapt or distribute their work, thus ensuring control over the use of their creation. Music copyrights are essential to ensure that creators are remunerated for their work, and to encourage the creation and distribution of new musical works.
In France, copyright protection in music extends up to 70 years after the death of the author. This means that musical works enter the public domain only 70 years after the death of their last living author. For collaborative works, this period applies from the death of the last collaborator.
⚡️ Worth knowing: Music copyrights are often managed by collecting societies, which license, collect and distribute royalties to authors, composers and publishers.
Copyrights fall into two main categories:
Moral rights: These are perpetual, inalienable and imprescriptible. They enable the author to claim authorship of the work and to oppose any distortion, mutilation or other modification, or any infringement of the work that might harm his honor or reputation.
Economic rights: These authorize the economic exploitation of the work by the author or his successors in title. These rights include the right of distribution, performance, adaptation, reproduction (recording and copying music) and performance. This includes the right to sell recordings, to collect royalties for public use (such as radio or television) and to control the publication of scores.
For example, if someone wants to use a piece of music in a commercial, a film, or even cover it, they have to get permission from the artist or pay royalties. But why is this so important? Because it ensures that artists are recognized and remunerated for their work. Without copyright, anyone could use their music without chord, or pay them a cent. This protects not only their craft, but also their artistic integrity.
💡 Please note: The use of certain pieces of music is permitted without the author's express authorization, such as quotation for educational purposes or non-commercial personal use, depending on the legislation of each country.
Copyrights: what's the difference?
Can I play copyrighted music?
If you play copyrighted music for strictly personal use, such as at home or for your own enjoyment, there's usually no problem. The trouble starts when you play this music in a public setting.
Playing protected music in a public place (such as a restaurant, store or event) often requires a license. These licenses are mostly administered by copyright societies representing artists and songwriters.
If you're a musician and want to play a copyrighted song at a concert or event, you'll probably need to obtain a public performance license. This applies even if you're just doing a cover version of the song.
Recording copyrighted music for sharing or distribution also requires authorization. This includes sharing on online platforms, social networks or streaming sites.
💡 Please note: there are certain exceptions where permission is not required, such as for educational or private use, or for certain cultural spaces.
⚠️ Any illegal use of copyrighted music for the purposes of reproduction or representation is considered an infringement of copyright, and carries a penalty of damages of varying amounts, 3 years' imprisonment and a fine of €300,000.
Copyright in music: how does it work?
To use copyrighted music legally, you must first obtain a license from the rights holder or the SACEM.
SACEM is an organization that manages copyright for music in France. It collects royalties and redistributes them to creators (authors, composers, publishers). It grants licenses to music users (such as radio stations, television stations, companies, event organizers) and collects royalties in exchange for the use of these musical works. Some authors, composers or publishers may choose not to join SACEM or any other collecting society. In this case, they manage the rights to use their works directly. However, by joining SACEM and registering their works with it, creators cede to this society the right to manage the reproduction and public performance of their works . They can no longer individually authorize the use of their works.
Licenses vary according to the use (public broadcast, reproduction, synchronization in a video, etc.) and the cost of licensing contracts depends on several factors, such as the duration of the music used, the type of use and the size of the audience. To obtain a license, you generally need to contact SACEM, provide details of the intended use, and follow their process for calculating and paying royalties.
💡 Please note: Certain educational or non-commercial uses may qualify for reduced rates or exemptions, but this depends on SACEM's specific policies.
Our tips for protecting a musical work
Although your musical work is automatically protected upon composition, it is advisable to take precautions to prove authorship.
Keep proof of creation: keep proof of your creative process, such as demo recordings, sheet music, song lyrics...
Register your work: although not compulsory, registering your work with the copyright office can provide legal proof of ownership and date of creation.
Join SACEM: consider becoming a member of a copyright management society like SACEM in France to help you manage copyright and collect royalties.
Establish contracts: if you work with other parties (lyricists, producers, etc.), make sure you have clear contracts defining ownership of rights.
Protect the work online: if you publish your music online, consider using platforms that respect copyright and have systems in place to protect against piracy.
Respect the rights of others: respect the copyrights of others, and be aware of how you use other people's music in your own work.
Actively monitor: Be vigilant and monitor the use of your music. If you become aware of unauthorized use, you can take legal action bars to protect your rights.
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