Wilson Whitaker Rynell

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MUSIC & U.S. COPYRIGHTS

Copyright Law provides a safeguard against copyright infringement by making a public record of your ownership.

MUSIC REGISTRATION, PROTECTION, AND MONETIZATION

The Two Types of Music Copyrights

When you recoding a song, two possible type works are created that are protectable by U.S. copyright: a musical work and a sound recording. A sound recording and the music, lyrics, words, or other content included in the recording are separate copyright-protected works. Given they are separate protectable copyright works, musical works and a sound recordings are subject to different rules and are commonly owned and licensed separately by music artists.


  • Musical Work: A musical work is a song’s underlying composition along with any accompanying lyrics. Musical works are usually created by a songwriter or composer.


  • Sound Recording: A sound recording is a series of musical, spoken, or other sounds fixed in a recording medium, such as a CD or digital file, called a “phonorecord.” Sound recordings are created by the performer and the producer of the recording.

Copyright Law and Protection of Music

There are two important updates to copyright law that all musicians should be aware of: the Music Modernization Act (MMA), and the CASE Act.


Music Modernization Act (MMA)


The MMA updates the way musical works rightsholders are paid royalties when their work is played online via interactive streaming services, effective January 1, 2021. A digital music provider who has taken out a blanket statutory license, to get paid, you (or your publisher or administrator) will need to register your information with the Mechanical Licensing Collective (The MLC) via the MLC online claiming portal. This is in addition to copyright registration, so you still must register your digital music as a U.S. copyright.  You must be identified in the registration or other public records of the Copyright Office to ensure that you are due a royalty for non-digital uses of your musical works, such as for pressing vinyl records or CDs.


For mor information on the Musical Works Modernization Act, and the Mechanical Licensing Collective, please see the U.S Copyright Office here.


CASE Act.


In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which authorized the Copyright Office to establish the Copyright Claims Board (CCB). The CCB may resolve copyright disputes over damages totaling less than $30,000. It is intended to be a cost-effective and streamlined alternative to federal court.


For mor information on the Copyright Alternative in Small-Claims Enforcement Act, please see the U.S Copyright Office here.  To file start or access claim you may go directly to CCB.gov.


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Additional Music Copyright Focus 

Music Clearance Rights

Our Dallas music and entertainment lawyers can assist you in  obtaining rights to sound recordings and musical compositions in television, movies, commercials, video games, stage productions, and all other forms of media and entertainment. Our attorneys help guide clients through this complex area of law in order to property secure and obtain approval of owners of the materials they wish to procure.

Dallas Entertainment Lawyers

Many of our clients use us as outside counsel, helping them manage the many facets of their business such as patents, trademark and copyrights. Our Dallas attorneys are experience in entity formation, sophisticated business related deals, purchases and acquisitions, litigation, and all forms of intellectual property protection.


The attorneys here at Wilson Whitaker Rynell are prepared to help you through your music copyright matter.

CLIENT MATTERS


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YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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