International Songs And Canadian Copyright Law: Who's Affected?

Music copyright law in Canada applies to the creators of original musical works, including songs or compositions with or without lyrics. Copyright protection is automatic and free, and it grants the creator of a work the exclusive right to copy, reproduce, publish, or perform it. This protection lasts for the creator's lifetime and 70 years after their death. While registration is not required, it serves as evidence of ownership and can be useful in litigation. International songs are subject to the same copyright laws as Canadian songs, and their creators are entitled to the same protections and rights.

What is music copyright?

Music copyright is a form of legal protection for original musical works. It grants the creator or owner of a song or composition the exclusive right to reproduce, distribute, and perform their work publicly. This means that anyone else wishing to use the copyrighted material must first get the creator's permission.

Copyright protection for music usually covers two types of rights: the copyright in the song or musical composition (lyrics and underlying music) and the copyright in the sound recording or "master recording". For example, Bob Dylan wrote and composed "All Along the Watchtower," but Jimi Hendrix covered it. Dylan owns the copyright to the musical composition, while Hendrix owns the copyright to his particular sound recording of the song.

To be eligible for copyright protection, a work must be original and fixed in a tangible format, such as a sound recording or a written score. In most cases, copyright protection begins automatically once the work is created and generally lasts for the creator's lifetime plus a specific number of years after their death, depending on the jurisdiction. While not always necessary, registering a copyright with the relevant office provides stronger protection and makes it easier to assert rights in infringement cases.

It's important to note that copyright law does not protect ideas, facts, systems, or methods of operation. In music, this includes song titles, band names, chord progressions, and incomplete pieces. Instead, these may be protected by trademark or other laws.

How long does copyright last?

Copyright protection in Canada happens automatically after a musical work is created and generally lasts for the composer's lifetime plus 70 years. For performers, it lasts for 50 years. This means that the copyright holder does not need to register to be entitled to such rights. However, it is recommended to register the copyright with the Canadian Copyright Office to be fully protected by the law.

Copyright gives the original creator of a thing the right to produce or reproduce their creation and be compensated when others want to reproduce it. It also protects against infringement, which is when someone else reproduces the invention without permission.

In Canada, the concept of copyright protection covers a broad range of topics. In music, it gives the holder exclusive rights to copy a work of music, such as the right to publish it, put it in a movie, or copy the score. Reproduction rights also allow others to reproduce musical works through licensing agreements. If an artist lets another party reproduce their work, they usually receive royalties.

Distribution rights give the copyright holder exclusive rights to distribute a musical work in any manner they choose, such as through Apple Music or a local music shop. Performance rights give the holder exclusive rights to perform a work of music in public settings like bars, supermarkets, or concert halls. These rights cover both live performances and the playback of musical recordings in live settings, as well as the right to publicly broadcast music on the radio, Spotify, or any other telecommunication service.

After copyright expires, a work becomes part of the public domain and may be freely copied and distributed. However, it is important not to assume that works are in the public domain. Due to a change in the copyright term in 2022, there is now a separate rule for the works of creators who died before 1971—these works are now in the public domain. The works of creators who died in 1972 or later will fall under the "life plus 70 years" rule.

What are the rights of the copyright holder?

In Canada, copyright law applies to all original literary, dramatic, musical and artistic works. This includes songs or compositions that may or may not contain lyrics. The purpose of copyright law is to protect the owners of creative works such as music, poetry, literature and art, while also inspiring creativity and continuous production of such works, regardless of their commercial value.

There are three types of rights outlined in the Copyright Act: economic rights, moral rights, and rights in other subject matter (neighbouring rights). Economic rights give the copyright owner the sole right to make reproductions of the work and to authorise someone else to do so. Moral rights protect the integrity of a work and the identification of its creator. Neighbouring rights protect the rights of performers (including their moral rights), broadcasters, and makers of sound recordings.

In the music business, the most significant copyrights cover musical works and sound recordings. Musical works refer to songs or compositions that may or may not contain lyrics. Sound recordings refer to the specific recordings of musical works or other sounds.

Copyright protection happens automatically after the creation of an original musical work and generally lasts for 50 years from the end of the year in which the author dies. However, registration of the copyright is not necessary, but it serves as evidence that a copyright is owned by a specific person.

The rights of a copyright holder in Canada include:

• The exclusive right to copy or reproduce a piece of work, meaning nobody else can recreate, distribute, or reproduce it without the original author's consent.
• The right to be compensated with royalties when another party reproduces their work through licensing agreements.
• The right to distribute a musical work in any manner they choose, such as through streaming services or physical sales.
• The right to perform a work of music in public settings like bars, supermarkets, or concert halls. This includes both live performances and the playback of musical recordings.
• The right to publicly broadcast music on the radio, streaming services, or any other telecommunication service.
• The right to publish a musical work, which can be a lucrative source of income.
• The right to the integrity of the work, which can be infringed upon if there is any prejudice to the honour or reputation of the author, or if the work is distorted, manipulated or otherwise modified.
• The right to be associated with the work by name or pseudonym, or to remain anonymous.

How do you register a copyright?

Canadian copyright law applies to music created or performed by Canadians, regardless of where it is performed or recorded. This means that international songs performed or recorded in Canada by non-Canadians are not subject to Canadian copyright law. However, it's important to note that international copyright laws may still apply.

In Canada, copyright protection is automatic for original musical works, and it generally lasts for 50 years from the end of the year in which the author dies. This means that registration is not necessary to obtain copyright protection. However, registering a copyright serves as evidence of ownership and provides additional protection under the law.

To register a copyright in Canada, you must follow these steps:

• Complete the appropriate application form: For a musical work, you would use the Application for Registration of a Copyright in a Musical Work (Form MU).
• Gather the required supporting materials: This may include a copy of the musical work, proof of citizenship or residency, and payment of the applicable fees.
• Submit the application and supporting materials: You can submit your application online, by mail, or in person at the Canadian Intellectual Property Office.
• Wait for processing: The typical processing time for a copyright application is 20 business days from the date of receipt.
• Receive the certificate of registration: Once your application has been approved, you will receive a certificate of copyright registration, which serves as proof of your copyright ownership.

It's important to note that registering a copyright in Canada does not automatically provide protection in other countries. If you wish to obtain international copyright protection, you may need to register your copyright in each individual country or through international treaties, such as the Berne Convention or the Universal Copyright Convention.

What is the difference between reproduction and performance rights?

In Canada, whoever creates or performs a musical work has the right to perform, publish, or record it. Musical works and sound recordings are the two main categories of copyright in the music industry. Musical works refer to songs or compositions that may or may not contain lyrics, while sound recordings are the specific recordings of those musical works.

Copyright protection is automatic and gives the creator exclusive rights to copy or reproduce their work. This means that no one else can recreate, distribute, or reproduce it without the original author's consent. The creator also has the right to be compensated when others reproduce their work, usually through royalties.

Now, let's delve into the differences between reproduction and performance rights within the context of Canadian copyright law:

Reproduction Rights:

Reproduction rights give the copyright holder the exclusive right to reproduce or copy a musical work. This includes putting the song in a digital file or on a physical medium such as a record, tape, or CD for distribution. It also covers the use of music in audiovisual productions like films, television programs, or commercials, known as synchronization or "sync" rights. When music is reproduced for distribution or synchronization, mechanical royalties are generated. These royalties are collected by organizations like the Canadian Musical Reproduction Rights Agency (CMRRA) and distributed to the publishers.

Performance Rights:

Performance rights give the copyright holder the exclusive right to perform their musical work in public settings, such as bars, supermarkets, concert halls, radio, or television. Performance rights cover both live performances and the playback of recorded music in public settings. When a copyrighted song is played or performed publicly, performance royalties are generated. These royalties are collected by Performing Rights Organizations (PROs) and distributed to writers and publishers. In Canada, the Society of Composers, Authors, and Music Publishers of Canada (SOCAN) is a prominent performing rights society that collects revenues from broadcasters and others for the public performance of musical works.

In summary, reproduction rights focus on the reproduction and distribution of the musical work itself, while performance rights pertain to the public performance or playback of the work in various settings. Both rights are essential in protecting the interests and revenues of musicians, composers, and performers in the music industry.

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