Copyright is the legal protection afforded to authors of original works including literary, artistic, dramatic, and musical creations—both published and not. Not published, however, does not mean retained in your head. An author’s ideas are not protected before they are put on paper, disk, tape, matchbook cover, or bridge overpass. Copyright protection does not extend to any idea, procedure, process system, method of operation, concept, principle or discovery regardless of how it is described, explained, illustrated or embodied for they are covered under patents. Section 102 of the Copyright Act of 1976 states that copyright protection exists in “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.”

Confused? Let me explain. First, a “tangible medium of expression” is exactly that—any means of communication that can be touched, such as a book, cassette, movie, newspaper, record, videotape, magazine, or CD. And second, authorship of a work does not necessarily mean ownership. Generally, the author is the initial owner unless the work is made for hire. In this case, the original ownership belongs to the employer or person who commissioned the job. Works for hire constitute a project prepared by an employee within the scope of his or her job, or an assignment specially ordered or commissioned for use as a contribution to a collective work. This includes works to be used as part of a motion picture or other audio visual work, a translation, supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas. This, of course, is contingent upon the fact that both parties expressly agree in a signed, written statement that the project will be considered “work made for hire.” So, if you’re an artist and have been commissioned to do a work for a collaboration, make sure you get the terms hammered out in writing for your own protection.

Acquiring copyright protection must not be confused with registering a claim to copyright. This is particularly important in the music industry. Copyright protection is automatic once a creation is “fixed” in a tangible medium, however registration is not. Registration is recommended—but not required—and can be obtained by filing a Form PA along with one copy of the unpublished tape, lead sheet, or recorded song, (two copies if the work has been published), and $20. That’s it. (Legalese info and details are available from the U.S. Copyright Office, Washington, D.C.) The registration becomes effective as soon as the Copyright Office receives the application, copy(ies), and check, rather than when you receive your certificate which could take a couple of months.

Now, you ask, if a work is already protected without my wasting $20 on it, why should I bother? Well, copyright owners have the sole right to reproduce, distribute, create adaptations or derivations, and perform and display their work in public for a designated amount of time. Copyright registration entitles music composers to performance royalties whenever their work is performed publicly, including over radio, television, or in restaurants, bars or other public places. If someone neglects this right and uses or reproduces or performs copyrighted material without permission, registration enables the owner to sue for compensation of losses suffered. Registration also plays a role in the amount of damages awarded.

Also, once a songwriter’s composition has been recorded and distributed, registration entitles the songwriter to statutory mechanical royalties whenever the work is further recorded. The company producing the record must pay the royalty for each record created which, if the album is successful, can really add up! So, how much are royalties worth? Well, on January 1, 1998 the statutory mechanical rate was increased to 7.1 cents per composition or 1.35 cents per minute of playing time, whichever is greater. The rate increases periodically, so when negotiating, it’s important to seek payment for a license linked to the required mechanical rate in effect at the time the work is manufactured. Otherwise, companies will try to pay the rate in effect when the original work was first released. Generally, royalties are a private matter handled between the author, owner, or publisher and other users. The U.S. Copyright Office plays no part in the process.

With literally millions of broadcast stations, concert halls, clubs, bars, and restaurants around the world, composers and lyricists can’t possibly monitor each and every one to verify if their works are used legally or not. Nor do they have the time to negotiate royalties for each performance of their work. Rather than spend their time on a wild goose chase, composers and writers commission music clearinghouses, such as ASCAP, BMI, or SESAC, to collect and distribute royalties, track performances, grant performance rights, or fight for renewal when the copyright expires.

So how long does a copyright last? The law surrounding the duration of copyright is a bit confusing, so I’ll try to make this as painless as possible. A composition created on or after January 1, 1978, or created before this date and not published or registered by this date, is protected from the moment it’s written for the length of the author’s life plus 50 years after the author’s death. (Inhale…) Works for hire created on or after January 1, 1978 are protected for 75 years from publication or 100 years from creation, whichever is less. Before 1978, copyright was granted either on the date the work was published or registered, if registered in unpublished form. Either way, it lasts 28 years, with renewal eligibility in the 28th year. The logistics are more complicated still, but I think you get the idea. Once the copyright expires and is not renewed, the work enters the public domain and no royalties are required for its performance.

Copyrighting may seem like a big, burdensome process, and as a matter of fact it isn’t always required for work to be protected. However, registration pays…literally.

Like spitting on the sidewalk, (which I’ll bet you didn’t know was a crime), copyright infringement is not a largely enforced nor meaningful law, except in the eyes and minds of record production companies and publishers. Nonetheless, it is a law that, with respect to the hard-working writers, composers and artists in this country that give us all of the music, literature and art we enjoy, should be respected. So no more wholesale copying of other artists’ works! But, if you’re worried about the collection of CDs you acquired through copying a friend’s record or CD, don’t sweat it. Since you copied it for your own listening pleasure, that’s fine. However, if you were planning on making 100 copies in your basement and selling them to your friends, you’ve broken the law and must suffer the consequences.

The down side of this whole copyright business is that while music houses, composers, and lyricists get royalties for performances of their work, singers, musicians, and recording companies don’t. (Sucks, I know.) So, if you’ve recorded your very own CD, but haven’t used original music, I’m sorry but you’re S.O.L (Singing Only Losers).

Okay, so I think we’ve cleared up a little of the mystery surrounding copyright (or confused you so much you don’t know if you’re coming or going). But, the important things to remember are that you can’t go around indiscriminately copying other people’s work and using it for your own gain; and secondly, that you might be the composer of the best song ever written to date or the next Pulitzer prize winning novel, but if you don’t put them into some sort of tangible form, even if it is on numbered napkins, it’s not doing you an iota of good. So, put pen to paper, fingers to keyboard or bodypaint to canvas and get moving so you, too, can share in the wonder of the protective embrace of the copyright.