Musical Work Copyright: Rights under Copyright:
Who is involved in the "musical works" and the "sound recording"?
With the musical works the following people are involved:
. The composer - the music
. The author - the lyrics
. The arranger
. The publisher
The author, composer, arranger and publisher could all be the same person.
With the sound recordings (the material form) the following people are
involved:
. The artist
. The musicians
. The producer
. The record label
When working with session musicians in the studio - agreements have to be
reached in terms of the extent of their involvement in the musical works.
Some may request a share in the copyright if their input, in terms of a riff
or solo constitutes a new (second or third) melody line. These issues must
be dealt with up-front to avoid any disputes that may arise in the future
especially if the recording becomes a "hit". If the musician is there purely
to reproduce what has been arranged in terms of his instrument then a
"release form" has to be signed indicating as much.
Copyright, as previously mentioned, is an economic right, which implies that
there is a "return" or opportunity for monetary gain. It is therefore
possible to negotiate, to your best possible advantage, the bundle of rights
that you as the author/composer and/or publisher have with respect to your
works. You need to exploit the use of your works in order to get the best
possible return on your investment - not only in terms of your monetary
input but also in terms of your sweat equity (IP).
Moneys come back to you through the following channels:
. Publishing or administration - splits dependant upon whether you own
your own publishing or whether you entered into a specific deal with a
publishing agent
. Collection societies - SAMRO, SARRAL and NORRM, who administer the
various rights on your behalf if you are a member of the societies.
. Directly
Arrangement, Composition and Authoring:
The Copyright act does not contain the definition of a song. A musical work
is defined as an instrumental. If lyrics are added it is viewed as a new
work and is subject to new splits in terms of the share of the rights
a**ociated with the work.
A composition is made up of two (2) parts, namely:
. The melody - the key element in understanding the song and
. All other instrumentation
The split here is normally on a 50 / 50 basis.
If lyrics are added the music and the lyrics are split as follows:
. 50% composition (25% melody ; 25% instrumentation)
. 50% lyrics
The lyric part could then further be split into verse and chorus.
The Musical work involves the following relationships:
Once a musical work has been completed it is essential to complete all the
necessary paperwork required to notify the various societies of the work.
The notifications will include all the information related to the song
indicating pertinent information relevant to the author, composer, arranger
and publisher. This notification will also indicate the splits accordingly -
so that on pay out the relevant parties receive what is legally due to them.
For this reason it is essential that all data input on all documentation
between yourself and/or your administrator of your rights and the various
collection societies, is 100% correct. "The integrity of the information
pa**ed on is paramount to you receiving what is rightfully yours".
It is essential that the author / composer understand what rights reside in
their works - as in copyright the future always has more value than the
past. Authors / composers should view their works as valuable a**ets that
form part of their legacy which if owned by them will be pa**ed on to their
heirs. Copyright exists for 50 years after the death of the owner or if
published or performed - 50 years after first publication or performance
(Please see the Copyright Act).
