Under National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings., this creation is called a An original musical composition with or without lyrics..
So, what is a musical work?
A musical work consists of a composition with or without lyrics:
A collection of notes, melodies, chords, rhythms, arrangements, instrumentation, and more, excluding lyrics. - the collection of original notes, melodies, chords, rhythms, An alteration of a pre-existing musical work that may incorporate changes to, for example, tempo, harmony, instrumentation, and orchestration., and The selection and combination of musical instruments..
The words written to be performed by singers, rappers, and other vocalists. - the words performed by singers, rappers, and other A singer..
What's the difference between a musical work and a sound recording?
Before we begin, a quick note about the word The term "song" does not have a legal definition. It is frequently used to mean "musical work” – the composition and lyrics (if any) created by songwriters and composers. However, it could also refer to a “sound recording” (a specific recording of a musical work), or a “performance” (a live performance of a musical work).. It is commonly used to describe what music creators create, but it's very important to understand that song can mean either, or both, a An original musical composition with or without lyrics. and a Typically, the recorded performance of a musical work protected as a phonogram under copyright law.. So, whenever we speak of a song, we always mean both the musical work and the sound recording together.
It is essential to understand that songwriting and recording are two separate creative processes. As a Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording., you can be involved in both. Songwriting creates the musical work, and recording it makes a Typically, the recorded performance of a musical work protected as a phonogram under copyright law.. They have different Rights, including copyright and related rights, in creations of the mind, such as copyrighted works, performances and sound recordings, patented inventions, registered designs, or trademarks. and revenue streams.
Understanding these rights is the first step to getting you properly To be publicly acknowledged for a contribution to the creation of a musical work, a live performance, or sound recording, for example, listing a songwriter's or performer's name. and paid. For a deep dive into rights, explore our topics on Music Creators’ Rights, Rights Transfer and Licensing and Scope of Protection.
A song consists of either or both the musical work and the sound recording.
How do I ensure my rights are protected?
Generally, The ownership of rights in a song under copyright law protection is automatic. If the musical work is A creative contribution to a musical work that is sufficiently distinct from any pre-existing musical work, it belongs to its creators.
However, it is always a good idea to put the musical work in a A musical work or performance written or recorded in a tangible form, such as sheet music or a sound recording. format; this can be, for example, written down or recorded as a sound recording. In some countries, it's a legal requirement to put the musical work in a fixed format for copyright protection to apply.
Under copyright law, your musical work may be protected, but in reality, there is more you need to do to get credited and paid.
Learn more about this in our Music Creators’ Rights topic.
You can also discover further information on our Songwriter Splits and Registering Musical Works pages.
How collaborating affects my rights
Each creator who makes an A creative contribution to a musical work that is sufficiently distinct from any pre-existing musical work contribution to the musical work is a songwriter and, under National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings., is referred to as an author. This may include collaborators such as A composer creates the melodies, chord progressions and other elements of a musical work other than the lyrics., A type of creator that writes the words of a musical work., A songwriter that focuses primarily on writing the vocal melody and, in most cases, also the lyrics of a musical work., A type of creator who alters a pre-existing musical work, changing, for example, tempo, harmony, instrumentation, and orchestration., A type of creator that composes instrumental music, which lays the foundation for new musical works., and A type of creator that creates lyrics or composes music at the same time as they perform it.. Each co-author can own a share of the rights and receive a share of earnings whenever the musical work is used.
You can learn more about your rights and how ownership of a musical work is divided among collaborators in the Music Creators' Rights topic and on the Songwriter Splits page.
Quiz
Test your songwriting knowledge
Video credit: Tiffany Orvet, Daniel Sundström, Eric Ivar Persson, Christine Miller, Nikki Skelly, Jeff Noble, Tony Bollas, Kelly Wright, Tobias Leo Nordquist, Ponny Höijer, William Engström, Parapix
Music credit: Niclas Molinder
Illustration credit: Jakob Vidkjær