Copyright In Music

What Music Copyright Covers

Music copyright in Australia protects two separate things:

1. The musical work — melody, harmony, rhythm, lyrics (the composition)

2. The sound recording — the actual audio file or track (the recording)

These are treated as distinct rights under the law.

📜 Legal Reference — Section 10 & Section 85 of the Copyright Act 1968 (Cth):

"Sound recording means the aggregate of the sounds embodied in a record."

"Copyright subsists in a sound recording made in Australia or by an Australian citizen or resident."

Who Owns the Music?

If you write a song, you own the copyright in the musical work.

If you record that song (at home or in a studio), you own the copyright in the recording — unless someone else owns the equipment or pays for the session under contract.

If you’re in a band or working with producers, engineers, or co-writers, it’s essential to clarify:

- Who owns the musical work?

- Who owns the recording?

- What happens if you split up?

Tip: Use a split sheet or agreement before releasing music. Don’t assume ownership is shared equally — unless you put it in writing.

What Rights Does a Music Copyright Owner Have?

Just like other forms of copyright, music gives you exclusive rights. You can:

- Reproduce the music (copy it, sample it, burn CDs)

- Publish it (put it on Spotify, Apple Music, Bandcamp, etc.)

- Perform it publicly (live gigs, radio play)

- Communicate it to the public (broadcast, stream, post online)

- License others to use it (TV shows, TikTok, ads)

- Stop unauthorised use (piracy, bootlegs, plagiarism)

📜 Legal Reference — Section 85–88 of the Copyright Act 1968 (Cth):

"The copyright owner of a sound recording has the exclusive right to: (a) make copies of it; (b) cause it to be heard in public; and (c) communicate it to the public."

How Do Musicians Earn Money from Copyright?

Copyright gives you the right to earn money from your music, often through:

- Mechanical royalties — when someone copies your music (e.g. on CDs, downloads, streaming)

- Performance royalties — when your music is played in public (e.g. radio, venues)

- Sync fees — when your music is used in film, TV, ads, or games

- Licensing deals — where others pay to use your work

- Neighbouring rights — for performers and producers (separate from composition rights)

In Australia, collection societies like APRA AMCOS, PPCA, and OneMusic help manage these payments.

What Doesn’t Copyright Protect?

- Musical ideas (e.g. “a sad song in C minor”)

- Titles and short phrases (like a song name)

- Chord progressions or beats that are not original

- Unfixed ideas (jam sessions or improvisation not recorded or written down)

📜 Legal Reference — Section 32(1):

"Copyright subsists in original works that are recorded in material form."

What About Sampling?

If you sample someone else’s recording — even a few seconds — you must get permission from:

1. The copyright owner of the recording

2. The copyright owner of the musical work (often the songwriter or publisher)

Failure to clear a sample can result in takedowns, loss of monetisation, or legal action.

What If I Upload a Cover Song?

If you perform a cover version of someone else’s song:

- You don’t own the composition

- But you do own your own recording (if you made it)

In most cases, streaming platforms (like YouTube or Spotify) handle cover song royalties via licensing arrangements — but if you plan to sell or synchronise your cover, you may need to get a licence from the original publisher.

Final Thought

Copyright protects your creativity — but in music, there’s often more than one person involved. Knowing who owns what, and how to protect your rights (and respect others’) is essential for a sustainable music career.

Want to Read the Law Yourself?

You can access the full Copyright Act 1968 (Cth) here:👉 https://www.legislation.gov.au/Series/C2004A00124