The Different Types of Copyright
Since we’re dealing with the messy world of law, it’s probably best to recap what copyright is as succinctly as possible before diving into the different types of copyright you have as a copyright owner.
Recall that copyright protection occurs immediately from the time the original work that you create is captured in some fixed form such as your computer. Once those requirements are met, you hold the copyright in that work. You are now deemed the copyright owner. This is now your property and no one else can do anything with it without your permission.
Now here’s the deal: there are a lot of different rights under this catch-all word "copyright." In fact, the word copyright stands for an "umbrella of many rights." Under the law, the copryright owner is the sole person who can authorize whether a copy is made. And there's a multitude of ways "copies" may be made. Remember, in the case of music, copyright owners have the exclusive right to do and/or authorize others to do any one of the following - which are all deemed "copying":
- To reproduce the work in copies (such as on CDs, tapes, DVDs.)
- To prepare derivative works based upon the work. This can mean making an offshoot, update, or imitation of the work such as what they do in Hollywood (think "sequel.") Or it can mean repurposing the work into a new medium such as making your song into movie or opera.
- To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
- To perform the work publicly, such as in a bar or other venue. It also means when a jukebox, radio station, or streaming online internet radio stations or podcasts "perform" your song publicly. This is typically known as a "Performance Right."
That's a lot of power you have.
It wasn’t really always this way, historically, copyright was literally the right to copy a written work. It now means something completely dissimilar to the original intent. Given the amount of power you wield, a better description would be: you have copyrights in a work, rather than one copyright. The word copyright actually denotes many smaller, more specific sub-rights - all of which can be divided, sold, retained (e.g. "All Rights Reserved"), or amended as the copyright holder (e.g. you) see fit.
For the sake of this section, let’s once again say you made up an original song, strummed a couple chords on a guitar, sung a few lines ("I'm a 21st Century Woman! Woo-hoo! Yeah!"), and recorded it onto your computer. You've successfully copyrighted a new song. Now, here’s a list of all the copyrights you have in that song:
1. Mechanical Rights
Once you record a song in any "tangible medium" such as notation on sheet music or sound waves captured on your computer, that physical recording is instantly copyrighted. People who want to make a copy of that recording are supposed to get your permission before they make a copy of that song. You can choose to charge them money for it, or you can let them have it freely. Either way, they need to get your permission before they make the copy. When you allow other people to make a copy of that recording, you are letting them have the mechanical rights. The same rights that we mentioned in earlier sections related to mechanical rights hold true for your own songs. Anyone can make an album and cover your song. You actually don't have the right to tell them not to. You are entitled to the statutory rate, although you can always decide to give away your songs for less, or even for nothing at all, if you were feeling generous.
2. Publishing Rights
That same song you recorded onto your computer also has a melody which can be transcribed into notes, tabs, and/or lyrics that can be written so other people can make the music, as well as allow other people to cover your song on recordings. If they want to do this, then they must ask permission before they make a "copy" in this way. You can choose to charge them money for it, or you can let them have it freely. These are known as the publishing rights. It's the abstract idea of the song, rather than the actual recording that you have of the song (which as you know from the above is covered by mechanical rights.)
You have pretty much full control over publishing rights. US Copyright law does not set a statutory rate with regard to mechanical rights. If you don't want someone to write sheet music for your songs, they can't do it without infringing your rights.
3. Performance Rights
The performance right you have in your song occurs any time your song is performed publicly such as in a bar, restaurant, or department store, or over the airwaves on TV, radio, or even over the phone while "on-hold." If any of these outlets wants to copy your song by playing it in their establishment or over their airwaves, then they must ask permission before they make a copy in this way.
Once your work is published, others are allowed to perform your song as many times as they want in exchange for a small royalty (which is also set by statute.) Performance Rights Societies such as ASCAP, BMI, and SESAC monitor such establishments and radio to collect these royalties that are owed their members (i.e. copyright owners.) Only members who register with one of the three Performance Rights Societies (ASCAP, BMI, or SESAC) will be eligible to receive these funds if they are owed. To get in line and make sure you get what's coming to you, you'll want to become a member of one of these three groups and register your songs with them so they show up in their database. They don't know what to listen for unless you tell them. Of course, if you have no hope in getting on the airwaves, then there's not much they can monitor. For more information and a discussion about these organizations, head here.
4. Synchronization (sync) Rights
The term "Synchronization Right" is a fancy term for a simple idea: whenever someone wants to put use your music to video - whether it's used on the background of a commercial, a theme to a TV show, or part of the soundtrack to a film or DVD - that person needs to ask you for the right to "sync" that audio track onto the video image. So, let's say your new song is somehow heard by, say, Steven Spielberg who then insists that it must be included in his new film. He needs your permission before simply "copying" it and placing it and "syncing" it into the audio portion of the film.
You can choose to charge him money for this, or you can let him have it freely. (Our advice on this one is to charge him some money as we think he can afford it.) By giving him permission to use the song in his film, you are granting him the synchronization right to the song. Similar to the publishing right, the synchronization right is not compulsory. No one can legally force you to let them put your song in their movie or TV show. And, like a mechanical right, there's no imposed statutory rate dictated by US Copyright law for how much you can charge. Now that you know copyright speaks to a variety of sub-copyrights - mechanical, publishing, performance, synchronization - you now know why most people simply say: "All Rights Reserved."
Any lawyer would say that's a good default setting to announce to the world once you hold a copyright in a work. That way you keep control. However, it doesn't have to be that way…
Next: Some Rights Reserved vs. "All Rights Reserved" - The Creative Commons License Alternative