Copyright Laws in the Music Industry: An Overview

​Copyright laws are the foundation stones of the music industry, determining who owns a work, how it can be used, and how its creators get paid. Although copyright law is sometimes criticised for limiting the way creative content can be used, it remains the most effective mechanism to turn creative work into a sustainable livelihood for artists.

This article gives a brief overview of copyright laws in music, explaining the core principles that music professionals should know, from the connection of copyright law and royalties to the modern challenges shaping the future of the industry.

What Is Copyright, And How Does It Work?

A ‘copyright’ is a legal right that grants music creators and rightsholders exclusive control over their original work for a defined period. Copyright is an automatic right. In the UK, for instance, copyright exists from the moment a work is created and fixed in tangible form, such as recorded or stored on a digital database. There is no need for an artist to ‘apply’ for a copyright.

Copyright protects the expression of an idea, not the idea itself, giving the owner the exclusive right to do, and authorise others to do, the following:

- Reproduce the work

- Distribute copies of the work to the public

- Perform or play the work in public (or authorise others to do so)

- Adapt or arrange the work

Essentially, if someone wants to use your copyrighted music, they need your permission to do so (typically in the form of a licence) and may be required to pay a royalty. This system is what underpins international copyright law and royalties.

The Two Pillars Of Music Copyright Laws

Every recorded song contains two separate and distinct copyrights.

1. Composition Copyright (The Song)

​The composition refers to the underlying musical work, the intellectual property encompassing melody, harmony, lyrics, and structure, distinct from any specific recording. This copyright, often called the publishing right, is typically owned or administered by the songwriter(s) and their music publisher. Whenever a composition is reproduced, performed, or synchronised, it generates publishing royalties. These royalties include:

- Mechanical royalties, which are paid when a song is reproduced on physical or digital media.

- Performance royalties, which are generated when a song is performed publicly, such as on the radio, in a restaurant, on TV, or streamed online (e.g. through Spotify).

2. Master Recording Copyright (The Sound Recording)

​The master recording is the specific audio file of a performance. It protects the recording of the composition, the version distributed through DSPs, broadcasters, and physical formats. This copyright is usually owned by the recording artist and the record label that finances the recording. When the sound recording is played or sold, it generates master royalties for these parties. Your favourite songs might have multiple recorded versions: a live version, album version, single version, iTunes exclusive, ‘greatest hits’ version, remix, and so on. Each is a distinct master recording with its own copyright, even though they are all based on the same underlying composition.

How Long Does Copyright Last?

The duration of copyright varies, but in the UK and much of Europe, composition copyright lasts for 70 years after the death of the last surviving creator (e.g. the songwriter or composer), while master recording copyright lasts for 70 years from the date of its first publication or release. Once a copyright expires, the work enters the ‘public domain’, meaning it can be used by anyone for free without permission. This is the reason why many early 20th-century jazz recordings are now being used as soundtracks on YouTube videos.

​Why Metadata Matters

Metadata is the connective tissue between copyright ownership and payment. Each work carries unique identifiers, such as ISRCs for recordings and ISWCs for compositions, that determine how royalties are allocated across global collection networks. Since a single song can have many different versions, unique identifiers like ISRCs are vital to make sure royalties flow to the correct song to ensure the appropriate rightsholders are paid. The existence of copyright ensures artists can receive royalties for their work when it is used, and metadata makes it easier to pay those artists correctly.

Incomplete or inconsistent metadata can delay or misroute payments, create conflicts between rightsholders, and undermine catalogue value. For both publishers and labels, keeping accurate metadata is essential to enforcing ownership, preventing disputes, and ensuring every creator and stakeholder is paid correctly.

Copyright In The Age Of AI-Generated Music

AI-generated music presents a complex challenge to the copyright music laws that underpin creative ownership. For example, AI models are often trained by ingesting vast quantities of existing copyrighted music, usually without the explicit consent of, or compensation made to, the original creators. This raises various ethical and legal questions, such as:

- Unlicensed training: Should AI developers be allowed to use copyrighted works to train their models without a licence? The music industry has, so far, strongly opposed proposals that would permit this, arguing that it devalues creative work and undermines the fundamental principles of copyright laws.

- Ownership of AI output: who genuinely owns a song created by AI? If the work is generated without a human author, does it qualify for copyright protection at all? UK law has provisions for computer-generated works, but their application in the context of modern generative AI is, so far, ambiguous and under debate.

- Digital replicas: AI software can create deep fakes that convincingly mimic an artist’s voice to create new songs without their involvement or consent. This raises serious ethical issues around false endorsements, reputational damage, and the misappropriation of an artist’s identity.

Navigating The Future Of Music Copyright

Copyright laws in the music industry remain the bedrock of the music industry, creating an internationally agreed framework through which creativity is rewarded. If you are looking to streamline the complexities of royalty management and catalogue data in your business, we can help. Get in touch with Curve today to learn how our intuitive system can support your business.