music law

Music Copyrights: Short, Sweet, and Simple - Part 2

Music Copyrights: Short, Sweet, and Simple - Part 2

Public Domain

In Part 1, we discussed that music works created before 1923 are now classified as being in the public domain. That classification applies only under U.S. copyright law. When works fall into this classification, the public is free to use these music works. But there are some caveats to consider. The public domain is an evolving universe of creative works. To clarify, although music created before 1923 is in fact in the public domain, the distinction is only the original music has gone into the public domain. When a new musical work is created from a pre-existing musical work, a new copyright is created, also known as a derivative copyright, As a result, arrangements of original music that is in the public domain, may not have gone into the public domain. So any musical arrangement made after 1923 would still enjoy copyright protection applying the applicable copyright rules….

Music Copyrights: Short, Sweet, and Simple - Part 1

Music Copyrights: Short, Sweet, and Simple - Part 1

Music moves people in many ways.  Music motivates, inspires, excites, and comforts.  A person gravitates towards music either to enhance a state of mind or to change a state of mind.  For others, the music that a person listens to reflects that person’s state of mind.  Its power and impact is undeniable and invaluable.  Its presence is everywhere – watching a live concert, holding on the phone, shopping in the mall, praying at church service, attending a wedding, working out, crying during a funeral, screaming during a horror movie, or feeling the warm fuzzies during a love and romance movie. Whenever, wherever, music is there weaving and casting its magic.  Music is either being  piped in by the establishment for its patrons or we are bringing the music we like. No one leaves home without music. It is a part of who we are. ..