What are Music Rights?

Copyrights-Reproduce & Copy

Copyright literally grants a third party the right to make a copy - it represents the fundamental right that the creator of a work has in their creations.

Therefore, it is illegal to copy music to distribute it to others.

It is important to note that this extends beyond the act of simply burning a CD to give to a friend (which is of course illegal, although unlikely to give rise to an action in practicality). Many music distribution systems actually utilize a copy within the download system that they use or allow the user to download the music to their own devices. In both of these cases, a copy is made and that act should be properly licensed.

The 'mechanical' right is the right to reproduce a piece of music onto CDs, DVDs, records or tapes. Mechanical royalties are paid directly to the copyright owner of the publishing right, usually the publisher, or his or her representative.

Because all recorded music will comprise two rights (the rights in the publishing and in the master recording), then any copying of the recorded music will automatically encompass both the right in the publishing and in the master recording; two licenses must be obtained.

Public Performance Rights

Playing of music in public places & premises and/or by commercial and other establishments like hotels, discos, pubs, shops, stores, malls, spas, hospitals, offices, amusement parks, any form of transportation, be it air, road, or train etc. is called 'Public Performance'. This also includes playing of music at events, shows, parties, social functions, with or without DJs etc.

Playing music, including by playing a radio or television or in any business or commercial setting would, if done without the consent of the owner/s, infringe the public performance or broadcast rights.

The act of playing the music in this manner will infringe the performance rights in the published works and in the master recording. Because recorded music will comprise two rights (the rights in the publishing and in the master recording), then public performance of recorded music will automatically encompass both the right in the publishing and in the master recording; two licenses must be obtained.

Certainly, these rights are of considerable practical and commercial value.

Music Synchronization Rights

When reproduction of music is made onto a soundtrack of a film or TV show, the reproduction is called 'synchronization' and the license that the TV or film producer needs to obtain is called a synchronization, or 'sync' license.

Because recorded music will comprise two rights (the rights in the publishing and in the master recording), then the synchronization of the recorded music will automatically encompass both the right in the publishing and in the master recording; two licences must be obtained.

Synchronization fees are paid by film and TV producers directly to the copyright owner.