One Demo Song, Two Copyrights? Sound Recordings & Musical Works

Musicians should be aware: when you record a demo of a new song, you may be creating two copyrightable works!

U.S. Copyright Law distinguishes between the musical work (including composition and any accompanying words) and the sound recording, which are listed as two separate categories in 17 U.S.C. § 102(a)(2) & (7). These two copyrights are licensed independently, even if they are created by the same copyright holder and registered with the same work on a single application. Under 17 U.S. C. § 115, the musical work can be automatically licensed by statute, so a recording musician can cover a songwriter’s work to create their own copyrightable sound recordings without the other songwriter’s approval, provided the musician obtains the automatic statutory license.

Not fully considering the difference between musical work and sound recording copyrights has been the financial downfall of countless talented and otherwise successful musicians. Without understanding the intricacies of ownership protections and licensing negotiations, a musician may unknowingly forfeit their rights to a manager or a band may unexpectedly become unbalanced when one member claims rights to the band’s songs.

Protect your rights by learning how the difference between your musical works and sound recordings affects your rights and your ability to be compensated! The U.S. Copyright Office has made more information available in their publication, Musical Works, Sound Recordings & Copyright.

For answers to your specific copyright questions, please schedule a meeting with your Gablin Law attorney today or request a consultation.