Copyright Use Tutorial: NCSU Libraries

Musical Works

In General

Musical works, including any accompanying words, that are fixed in a tangible medium of expression, are fully protected by copyright. Both the lyrics and the musical composition itself are copyrightable expression. A sound recording of a musical work is yet another separately copyrightable work and involves the mechanical right. Different entities may hold these various copyrights. Generally speaking, the copyright to the song (music and lyrics) will probably have been transferred to the publisher of the song. The recording company usually holds the copyright to the sound recording. Once a song has been lawfully recorded, others may record the work as long as they pay at least the statutory license fees. If music is to be synchronized with a movie or other audiovisual work, a synchronization license, generally with the publisher or other copyright holder, will be necessary.

The right to publicly perform the copyrighted work is one of the rights of the copyright holder. Royalties will usually have to be paid when a song is sung or played on radio, television, live concerts, and over the internet.

For a complete discussion,visit the BMI Website.

Music in the Classroom

Having established that music copyrights are complex, does that mean music can never be used in the classroom? No it does not.

The performance and display exemptions, as well as fair use, previously discussed in this tutorial, apply to music as well as text or other copyrighted works. Under section 110(1), any work can be performed in a face-to-face classroom setting as part of the curriculum at a nonprofit educational institution. If the new requirements of section 110(2), as embodied in the TEACH Act, are followed, entire or reasonable portions of the performances (depending on the type of music) can be transmitted. Aside from the section 110 exemptions, fair use is also available for authorizing use of portions of works.

What about the legality of Napster and other peer-to-peer file trading services? For more information, read NC State's statement on Napster.