Copyright, Licensing and Royalties

Copyright Notice Example

All images, lyrics, music, etc on this site are the copyright of Louis Gogan.
© 2005 Louis Gogan - All Rights Reserved

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What is Copyright?

All creative works belong to the individual who created that work. If that wasn't the case then there would be no point in a person bothering to create anything - just for someone else to 'steal' the idea and profit from it. The purpose of copyright is to ensure the creator of the work can profit from their creation, if they want to, and therefore, in general, encourages others to do their own 'creating'.

When a person writes a song that song belongs to that person. The song is described as intellectual property. The songwriter owns the RIGHTS to that musical creation, that is - the right to make copies, the right to broadcast and the right to exploit (make money from) that work. No one else has any rights at all as regards that composition.

The law protects creators and artists by making it illegal for anyone to copy their creations without the permission of the copyright owner (in the case of my CD and my music - ME!). The composer may, and usually does, sign over the Rights to a publisher who will promote the music and thus earn (more) money - the publisher will then be in charge of the copyright for a fixed period, after which the Rights return to the composer. Earnings are be divided between the composer and publisher according to a preset agreed ratio.

Licensing is where the copyright holder (usually either the publisher or the composer) gives permission for the use of the song in a defined set of circumstances or situations. For example a film-maker may want to use the song as background music within a film scene. For a fee the song can be used is this situation - thus a Licence is granted. The film-maker will not own the copyright but merely have a licence to use the work in that specific situation.

How to Copyright?

In theory the creator (NOT god!) of a song automatically owns the copyright to their creations but there must be a method of having some proof as regards the date and the 'product'. In the USA, and perhaps other countries, there is a central department for copyright issues where a person can register their creations.

In Ireland, where there is no such government department, the song writer (in this example) has to create a physical form of the composition, eg a manuscript, or recording on cassette, floppy disk, video or CD etc. The person then should post it to themselves by REGISTERED mail and on receiving the package put it away in safe keeping WITHOUT OPENING IT !! Thus the person has a proof of ownership at a specific date. (If you are going to use this method always remember to write the name of the song etc on the outside of the envelope!)

Although I have heard that the 'theft' of songs is practically unheard of (ie the theft of the FULL song, rather than just a section of a song - there's a lot of THAT!), it is always wise to have the proof - just in case, especially these days with the internet and the simplicity of the technology of downloading a song, changing it slightly and uploading it as if it was a new composition. BUT the theft of copyright material is huge - ie copying a copyrighted song. Yet we all do it and as long as it's not for profit, or commercial reasons, it is an ordinary everyday 'honest' activity.

What about the User - YOU?

When you buy a CD (or download a song or part of a song on the internet) you do NOT own the copyright - you only pay for the right to Play that music for your own pleasure. Have a look at the copyright notices on any CD (both the CD itself and the paper booklet and backliner). Usually it says something like this : Unauthorised use, copying, reproduction, hiring, lending, public performance and broadcasting prohibited. All Rights Reserved

In theory this means that if you buy a CD and rip it to your MP3 player etc you have copied it and have broken the copyright law. Believe it or not there are some Record Companies who would like to prevent anyone from making these personal copies - but then again some of them don't even want the musicians and composers to make any money. Most companies and composers would find copying a CD owned by a person for their own personal use as being normal and acceptable - that is very different from making a copy of a CD and giving it away.

What about the Commercial User?

If a person, or business, is making use of someone else's music either directly (a DJ at a Disco, a person who owns a JukeBox etc), or indirectly (in a factory, background music when the phone is on hold, in a pub or bar etc) the copyright rights mean that it should not be publically broadcast or used in any commercial situation whatsoever without the permission of the copyright holder.

When the music is played in public; whether it is in a supermarket as background music, broadcast by a radio station, broadcast on the internet or used in a film or television advertisment then royalties have to be paid to the copyright holder, the composer and the performers. This is how income is generated by those in the music business - especially the songwriters.

Where does the money go?

When you buy a CD the payment goes to many different people. The shop (or download company), the distributor, the record company, the musicians (the band) - if they have 'paid back' the advances which they got from the record company in the first place, and finally the songwriter.

When, for example, a bar owner plays the radio during the day as background music in his/her establishment there are many small payments which have to be made to the copyright and production owners. Firstly, the radio station must pay the composer, production (record) company and the named musicians who recorded that song. Then the bar owner must also pay those who own the copyright of the song and the recording.

Who collects the money?

In Ireland there are 3 associations which look after the different copyright holders.

• IMRO (Irish Music Rights Organisation) looks after and collects the royalties for the composers/publishers
• PPI (Phonographic Performance Ireland) looks after and collects the royalties for the CD production company and shares the royalties with the following organisation
• RAAP (Recorded Artists and Performers) looks after the named musicians and singers

How much? ! ! !

There is no set payment per 'play' as different radio stations keep different 'logs' of what music they play.

Specimen Logs

Some only take a log (list) of what is played a few days (2 - 4) per month. In this scenario the payment may be as much as 28 euro per song! - but, a big BUT, only those songs and artists who were played on those specific few days per month will receive the payment. All other artists etc will receive nothing. This has happened to me when my songs were played on the local station - I just happened to be played on those days when they were not taking logs - I never got a penny! But for those lucky few who are played on a day that is logged the payments are very generous!

Detailed Logs

The major stations (in Ireland) keep a log of every individual track that is played. The payment can be as little as 50 cent per song to nearly 5 euro per minute, so it can vary a lot. Unfortunately, in my case, I have not experienced that - yet.

Yearly Fee

Apart from radio stations, tv stations and those who 'broadcast' music, small companies like bars, factories, supermarkets etc pay for a yearly 'license' to IMRO and PPI for the use of music in their business as background music - depending on the size of place and number of employees etc. Unfortunately it is usually the large record companies and well known singers or bands who receive the vast majority of the royalties. So although you may hear a track being played on the radio, that particular musician or composer etc may not necessarily receive any royalties at all - it may go to the 'top ten' artists of the day.

Copyright Symbols

On a CD there are 2 symbols the © symbol and the (p) symbol (it should be a 'p' in a circle)

The composer, writer (or publisher) etc automatically has the copyright to the melody and words. Usually the composer's name is listed beside each track title.

The © symbol declares that the artwork, photos etc are copyrighted by the name which follows that symbol.

The (p) symbol declares that that particular physical CD production is copyrighted to the name which follows (usually it is the record company) - this includes the artists and musicians who partook in the making of that particular CD and those particular versions of those songs. Think of the P as representing the Production of that CD.

Paying For Music - Look At It Another Way

When was the last time you worked for nothing? Most likely never. We all expect some payment for our work. Musicians and composers are no different. It takes time and MONEY to write songs, to record them, to produce them and to promote them. If you make a copy of a song or a CD and give it to someone else you are taking money from the artist and composer. In fact - legally and ethically - you are actually stealing from the artist and composer.

I love music and have never written a song with the intention of making money - the love of music is the driving force - nevertheless I need money in order to live. If I go to my local supermarket and say 'I shouldn't have to pay because I am a musician and composer' they would laugh - even I would laugh!!

Everybody has to pay for what is made by others. Music is no different. Admittedly, those at the top of the music business seem to be earning more than they should but most artists and songwriters are not millionaires - I'm not a millionaire . . . . . really !!

I am NOT on the side of the record companies who have, more often than not, managed to screw the artists every way they can. If they had their way the artist would get nothing. This is about the artists getting reward. This is especially possible by paying for downloads on the bands website etc - bypassing the record companies.

By paying for music you want to listen to you give the artist and songwriters a chance to give up the day job. So, please!, pay for the music you listen to and do not make illegal copies of CDs etc, for by doing so you will actually be breaking the law and will be stealing from the livelihood of others.

Thank You and enjoy the music! - Legal or not! Check out the samples on the Sample Page.