1. Why Are There 2 Copyrights
in a recorded song?

2. Let’s Start Before Recordings
• Since 1000 AD, composers of music have
created their compositions by writing down
notes in the form of music notation.

3. To HEAR the music, you needed
musicians to play the notes
since there was no such thing
as a sound recording
until hundreds of years later..

4. First Copyright Laws in England
• Copyright laws were first introduced in 1710 in England.
Lawmakers were urged pass laws to encourage
"learned men to compose and write useful books“ by
granting them exclusive rights to sell and copy their
original books,
but Musical works (compositions) were
not listed as a protectable creation.

5. Copyright Comes to the United States
• The newly formed United States followed suit by including a
“copyright clause” in the US Constitution authorizing the passage of
laws to protect copyrights and patents. In 1790, the US legislature
passed the first Copyright Act.
• But again, musical compositions were not listed as copyright
protected works.

6. First US Copyright Protection of
Musical Compositions
• It was not until 1831 that the US Copyright
Act was amended to include musical
compositions or “ musical works”.

7. The First Musical Sound Recording
• Thomas Edison invented the phonograph in 1877 which,
for the first time, enabled users to hear a pre-recorded
song on a wax cylinder.

8. Copyright Protection Lags For
Sound Recordings
– It took until almost 100 years after the
creation of the phonograph
– for sound recordings to finally be given
protection under the US Copyright Act.

9. Now Two Copyrightable Works
• Since 1976, with the addition of sound
recordings to the creative works
protectable under the US copyright act,
each musical recording contains two
distinct and separate copyrightable works

10. The composition that was recorded

11. The sound recording of that
composition

12. Who Owns these Copyrights?
For Compositions, the authors are the
songwriters

13. Enter Music Publishing Companies
• Ownership of successful compositions
usually ends up being transferred by
songwriters to major music publishers for
world wide administration in exchange for
royalties:

14. For Sound Recordings, the authors are the
producer, musicians and vocalists
who made the recording

15. • When Artists Sign Recording Contracts
however, the language in the recording
contract transfers their copyrights to the
masters to the record company for
commercial exploitation in exchange for
royalties

16. How Long Does the Copyright
Protection Last?
• The author’s life plus 70 years – which
gives the author’s heirs the benefit of
earnings made from successful works
after death