Music copyright is a form of intellectual property that allows a person to own the music they create and prevents others from copying or reproducing the work without permission. In 1998, the UK Copyright Designs and Patents Act presented five primary Infringements, in addition to those outlined in 1956. These included: issuing copies to the public; renting or lending the work to the public; performing, showing or playing the work in public; communicating the work to the public, as well as making an adaption of the work or doing any of the above in relation to an adaption.
The author of the work – in other words, the person who created it–is the first owner of copyright. For example, the composer would be the first owner of the music copyright and the writer, the first owner of the lyrics. While works can be assigned from one owner to another, they must be documented in writing and signed by the person assigning the work. Most publishing contracts will see the copyright, that is originally owned by the composer/writer, passed on to the publisher.
Original literary, dramatic, musical and artistic works as well as sound recordings, films and broadcasts and the typographical arrangements of published editions, are all works that pertain copyright. Copyright can also relate to a particular arrangement or orchestration of a musical work.
Literary works (lyrics) last the life of the owner plus 70 years. While copyright for musical works is the life of the composer plus 70 years, and in the cases of joint authorship, it is the life of the last surviving author or composer plus 70 years. Sound recordings are generally under copyright for 70 years, starting from the end of the calendar year, and broadcasts for 50 years.
Creating vs. arranging
If you write your own original teaching material then you will own the copyright to the content. An exception to this would apply if the work was commissioned by an organisation or the work was created in the course of your employment for an educational establishment, in which case, the copyright remains with the employer, unless your contract states otherwise. Intellectual property (IP) clauses quite often appear in teaching contracts and it is always worth checking them over with the MU or a copyright lawyer to ensure that they are valid and fit for purpose.
If you want to arrange a piece of music for your pupils, you should always check the copyright status of the music. You will need to obtain permissions if you are changing the instrumentation; making an arrangement of the work or altering it in any way; using the arrangement in a performance, even if for a free performance; recording the arrangement for commercial or non-commercial product release or printing the arrangement for a commercial sale. If the arrangement is for private study, you will not require a licence. When using the arrangements as a teaching tool, it is always worth checking the copyright status of the piece. If you wish to use a sample of an existing piece of music, the copyright must be cleared with the original copyright owner.
Organisations such as PRS for Music (prsformusic.com) or the Music Publishers Association (mpaonline.org.uk) will help you find out who controls the copyright in a work and to obtain details of the copyright owners.
In school performances and recordings
Making copies of sheet music in lessons will require a licence from the Copyright Licensing Agency (cla.co.uk). Most organisations will have a licence in place that covers photocopying for teaching purposes. Self-employed teachers will need to contact the copyright owner or publisher to apply for permission – copying copyright-protected work is an infringement of the law. Beware of downloading sheet music from illegal websites as they often infringe copyright.
If pupils are performing within the school, then no special licence is required. If the concert can be described as a ‘public performance’, for example if parents or other guests are in the audience, then you will need a licence in place. Check with your organisation and venue if they have a blanket licence in place for public performances.
When it comes to recordings of radio and TV broadcasts, many organisations will have a licence from the Educational Recording Agency (era.org.uk). Self-employed teachers need to check with the copyright holder as recording constitutes a form of copying.
Musicians' Union copyright registration service is free and helps members to prove ownership of their compositions in the event of infringement. Members can register any works they want to protect, which are then stored by the MU on the system. We also keep a hardcopy in a sealed container, which can be used as evidence if you believe your work has been infringed.
For more information and resources visit copyrightandschools.org
