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Written by : Cody Ertzbischoff |
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in this video we'll learn the difference between a composition copyright and a sound recording copyright so a song will have two copyrights it'll have the composition itself that you can discern the words and melody and chords and then we'll have a copyright in the sounds that are on that recording so they're two separate copyrights to give a good example of how you can exploit your copyright Paul McCartney of the Beatles wrote the song yesterday it's his composition the Beatles recorded it so they added what they added to it was a string quartet and that was not in the composition that was the composition becoming a sound recording more was added to it that what the players did now Paul McCartney song yesterday attracted many people 3,000 or so who did cover recordings of it so if Frank Sinatra did a version of yesterday he would sing the same words the melody would be very close if not close to identical the chords would be similar the song yesterday would be recognizable as a composition but it would sound a lot different the sound recording would consist of many other musicians in a different style different speed so the sound would be a lot different than the sound of the Beatles in that example they used the string quartet so you'd still have this composition yesterday but you'd have a new bunch of sounds that constituted the sound recording every time a new artist records it or a new band records yesterday it's still the composition of Paul McCartney he still controls the exclusive rights he has on it but now there's a new copyright with that other record label to get back to Paul McCartney as the songwriter the composer and when he gets paid he'll get paid for every use of the song yes so by use I mean a performance of it on radio television or a sale of the recording of the mp3 vinyl however it's sold he'll get paid for every every use of it when Aretha Franklin records the song yesterday and it's then it's a recording Atlantic Records owns the recording all the players are contributing to it the background singers on terrestrial am/fm radio the record label and the musicians in the principal artist Aretha Franklin with her background musicians they will not get paid when their version of yesterday is played on AM FM they will not get paid you take that same Aretha Franklin cover of the song yesterday and play it on internet radio they will get paid it's a very strange situation most of the world all but a few nations will pay everybody they'll say that the contribution of of course the songwriter side of the song but they'll say the other people who perform it on the recording and the record label they're entitled to to be rewarded for their performance they'll get royalties so that's how it is throughout the world it's that way in the United States with internet radio but it's not that way in the United States with AM and FM so a different if the law doesn't cover it yet there have been many attempts to change the law in conclusion we have two copyrights and they're different one is for the composition you wrote the song however it's going to be used you're still the composer you will always collect royalties a song is copyrighted when a song is recorded the song is still copyrighted but there's also a copyright in the in the sounds of that the sound recording has its own copyright so every time you're hearing a song you're hearing two copyrights one in the composition and one of the sound
Thanks for your comment Jacquelyne Risinger, have a nice day.
- Cody Ertzbischoff, Staff Member
hi i'm michelle here to answer your copyright questions today's topic is music and copyright i played sang or whistled the song entirely by myself and didn't use a single second of the recording why did i still get a copyright strike there are two distinct copyrights in music most people are familiar with the one for the artist or band who recorded the song but there is a second set of copyrights for the lyrics and melody also known as the composition or publishing rights when you sing hum or play a song on an instrument even if it's in an entirely original way you're using the copyrighted melody or words if you use all or even just a small part of a song you may receive a copyright strike or content id claim but keep in mind that most composition claims are eligible for revenue sharing for creators in the youtube partner program if you're eligible you'll be offered the option to share the revenue of that video by confirming the video is a cover i keep hearing about content id claims where the song isn't even there what is youtube doing about that at its heart content id is what's known as a matching system and it faces all the challenges and limitations that all matching systems face sometimes the system can make a totally incorrect match like claiming someone's video where they're doing a simple microphone test or even white noise in these cases youtube engineers immediately go to work to diagnose and fix the problems in other cases entirely different original songs can match parts of each other because they use the same beat track we're constantly working to find solutions to avoid problems like these but we also understand that no automated system will ever be perfect this is why the dispute process is an essential part of content id as a creator you have the most knowledge about the content in your videos and how it was used so we built the dispute process to empower you to escalate problems to the claimant and even escalate as far as the courts if needed if both you and the claimant are attempting to monetize a video under dispute we will continue to monetize your video and will release the accrued earnings to the appropriate party once the dispute is resolved what rights do i need to buy to use a song in my video to properly use a song in a video typically you need an official music license these grant you the rights to use the song but be sure to read these licenses carefully licenses typically contain explicit permission for using the content but may include limitations on exclusivity duration geography or other terms you should seek legal advice for any licensing agreements although youtube can't help you get these licenses we can help you find the music that you can use in your videos our youtube audio library is a great way to find free background music or sound effects there are also third party services that allow you to purchase music for your videos that won't result in claims why are music publishers enforcing copyright on youtube but not anywhere else music publishers administer rights on behalf of songwriters and provide an important service in allowing songwriters to profit from what they create in fact music publishing rights are enforced almost anywhere music is performed streamed or otherwise transmitted and not just on youtube from music playing on the radio to live performances to cover songs publishing rights are relevant in all cases and where necessary enforced and that's it for music and copyright check out more info on our help center linked in the description below and be sure to check out the other videos in our copyright series linked here bye you
Thanks ia1dW your participation is very much appreciated
- Cody Ertzbischoff
About the author
I've studied sociotechnical systems theory at Emporia State University in Emporia and I am an expert in canon law. I usually feel groggy. My previous job was detective I held this position for 4 years, I love talking about bus spotting and poker. Huge fan of Kendall Jenner I practice hurling and collect insert cards.
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