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11 November 2022 / David Langwallner
Issue: 8002 / Categories: Features , Intellectual property , Media
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Copyright conundrums: Lost in the music

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What exactly is ‘music’ for copyright purposes? David Langwallner looks beyond the lyrics & settles the score

Musical copyright is an enigma, and as a term is something of an omnibus. Lyrics are protected via literary copyright, the musical score is protected by musical copyright, and any accompanying actions or performance can be governed by dramatic copyright. And then there is sound copyright. 

Of course, the copyrights can be bundled in ownership terms. Thus, in principle, a musical composition refers mostly to work of music as musical scores, often with accompanying lyrics, and it can be expressed in written form or in form of sound recordings.

However, the copyright for the sound recordings and for the musical score are totally distinct from each other. Sound recordings are the result of compilation of musical, spoken and other sounds in the form of a master recording. And that often leads to multiple stakeholders and different copyrights—but not always.

Jagger may have written the lyrics and Richards the music, but all copyrights, lyrics,

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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