The Musician's Guide to Copyright

Define what music is for copyright, explaining which elements like melody and lyrics are protectable, while rhythm, harmony, and timbre may not be protectable on their own.

examine how melody copyright hinges on uniqueness and recognizability, and how different levels of a melody influence whether it is copyrightable and how originality is evaluated.

Explore originality in copyright by examining whether a work shows a minimal degree of creativity and is the fruit of intellectual labor, not a mere copy.

Prove independent creation by showing your work isn’t overtly copied and contains a creative spark, then defend its originality and copyrightability, and consider the tangibility factor.

Learn how music becomes copyrighted through originality and independent creation, with melodies and lyrics protected when fixed in a tangible medium via notation or recording.

Present definitions of music from a physicist, a poet, a dictator, a theologian, and John Cage, then contrast them with the legal copyright definition.

Explore how the copyright act lacks a strict definition of music and centers on originality and fixation in melody and lyrics, with courts deciding similarity.

Learn how the constitutional aim to promote progress through limited, exclusive rights to authors and inventors over their writings and discoveries shapes modern copyright law.

Learn the essential rights you gain when you copyright a song, including exclusive rights to distribute, copy, display, perform, and create derivative works, plus licensing basics.

Explore how intellectual property, or ip, differs from real property, and how owning copyrightable music, notes, and videos enables you to protect and monetize your creations.

Identify what copyright does not protect, such as ideas, the color of the sky, publicly available facts, logos and slogans, and news, with logos typically covered by trademark.

Clarify copyright term basics: life plus 70 for most music, 95 years for pre-1978 works. Identify the public domain date of 1923 and distinguish it from copyrighted material.

Explore the two main copyright buckets—the protected works and public domain—plus a third, Creative Commons, and learn the four paths a work enters the public domain.

Explore why creators place works in the public domain, weighing copyright rights, sampling permissions, and derivative works, with examples from medical research and Elon Musk's Tesla patents.

Copyright is compulsory and arises automatically when you create and fix a work in a tangible form, with optional filing for easier proof.

Define work for hire as creating copyrighted material while paid to produce it, usually giving ownership to the paying party. Illustrate with advertising music cases and contract implications for ownership.

Learn how work for hire shifts copyright to companies, removing life plus 70 and setting terms at 95 years from publication, defined as first public use or first commercial release.

Explore what assignments are in copyright: how licenses and assignments limit use, and how the first sale doctrine lets you own a copy but not reproduce.

Explore the first sale doctrine and how buying a copy grants the right to sell, display, or dispose of that copy, without duplicating or creating derivatives.

Licensing grants permission to use copyrighted music for a specific purpose and creates assignments, enabling upfront and ongoing payments in advertising, film, television, and games.

Explore film and tv licensing, from work for hire pitfalls to licensing deals that pay royalties. Learn how non-exclusive licenses, reality tv demand, and licensing houses shape music monetization.

Explore how licensing houses connect your music to film, tv, ads, and games by placing tracks in their libraries, earning artist and publishing royalties and navigating the middleman arrangement.

When a work is co-authored, copyright is co-owned, and licensing requires agreement from all owners. The lecture covers co-ownership pitfalls, buyouts, and the legal presumption without a written agreement.

Examine the presumption of equal ownership in band copyrights, where lyrics, music, bass, and drums each receive 25 percent unless documented otherwise.

Learn how bands divide copyright with equal shares or via a split sheet that assigns contributor percentages, affecting licensing and publishing outcomes.

Explore how fair use balances copyright owners' rights with users' rights, including education, and how courts judge whether a use qualifies.

Explore the five types of fair use - education, commentary, news reporting, scholarly research, and parody - and how they justify copying. Learn about the four factors that determine fair use.

Explore the four factors of fair use: purpose and character, nature, amount and substantiality, and market effect, and apply them to real-world examples like photocopying and teaching.

Assess fair use in a classroom by examining a YouTube video in class. Apply the four factors—purpose and character, nature, amount and substantiality, and market effect.

Examine fair use and why relying on it is risky, as judges interpret the four factors; photocopying a page for class can invite costly lawsuits.

Parody must use the original work to critique it, not merely imitate it. The lecture explains fair use, copyright risk, and features Weird Al Yankovic as the parody provision.

Weird Al Yankovic builds a long, successful career by obtaining permission from copyright owners for his lyric changes and polka versions, not relying on parody fair use.

Learn how trademarks differ from copyright and that a mark is a recognizable sign identifying a brand, using graphic, text, color, sound, or smell tied to the trade.

Understand how trademarks protect a mark in a specific trade, why similarities can trigger confusion, and how brand and trade distinctions affect infringement.

Compare copyright's automatic protection with trademarks and follow the USPTO process to apply, including first use in commerce, trademark search, and typical costs.

This lecture details the slam academy trademark journey from rejection to approval, highlighting a lawyer-led rebuttal and a single-phrase restriction. It urges hiring a lawyer early.

Identify how trademark symbols signal brand protection and registration status. Learn how TM, the R symbol, and USPTO filings indicate when a mark is merely used or officially registered.