The Copyright in Sound Recording (SR) serves as a Blanket of Sorts for Your Created Work. And by ‘Work’ I mean Your Song, Poem, Speech, Rap, Spoken Word or Audio Book.
If Your Song is Original and You Created The Music, Lyrics, Melody, Arrangement AND Also Recorded these Elements, You are Eligible to File an SR which covers Your Song in Its Entirety, as opposed to having to separately file a Performance Arts (PA) to Cover the Music & Lyrics.
If You have Covered Someone Else’s song and Plan to Release It to the Public in some format, you’d do well to file for an SR copyright of Your Version beforehand. Just make sure you have appropriately secured licensing from the original copyright owner, either through Harry Fox or EZ Song Licensing.
The SR secures ownership of the fixed instrumentation and sounds irregardless of the Original Author’s contribution to Music and/or Lyrics. I Just completed an SR for My Production of Eric Tyus‘ version of the Sounds of Blackness‘ classic”Everything Is Gonna Be Alright.”
These days it’s important for the EntreMusician to know the subtle nuances of the SR Copyright on their Original Work. This obviously includes Poets, Motivational Speakers, Preachers, Teachers, Rappers, etc., where so much of our public work is subject to being recorded, sampled, set to music, imported into video, remixed and released to Sound Cloud and Other Apps often without our knowledge.
If You were to Give a Speech or Recite Your Poetry on a College Campus or in front of an Audience and the University or Someone were to Record It on their System, Mobile or other device, that person (or the University) would be Entitled to Ownership through the Library of Congress by filing an SR unless Forbidden to do so by Prior Written Agreement. Undoubtedly, the same holds true for EntreMusicians at their Gigs and Concerts – which is why most people utter firm expletives when “NO RECORDING” signs are posted at Shows, but proceed to record anyway…
Both the Grateful Dead and Dave Matthews Band encouraged Mass Audience Recording & Reproduction of their Concerts and found them to be Excellent Promotional Tools which help Spread their Music like dandelions across a deserted field and many other artists followed suit, some opting to release their own “Official Bootlegs” to boost their fan base.
Plenty still choose to Protect the Dignity of their Live Presentations by Forbidding any Unauthorized Recording, Duplication and Sales of their Appearances in any form. But Everyone knows that Technology Stampedes Sacred Rights and bolsters the Mantra of Free Music for All! This has lead to Intense Conversation which suggests that the Ultimate Role of Copyright is Null & Void, since Everything Everywhere is Available to Everyone within a few clicks.
I Would Love to Know Your Opinion, Especially if You are a Content Creator of any Creative Classification. Are You of the Mindset that Your Conceptions should enjoy the Protection Copyright Provides or that from now on All things Should Be Out on Open Source?
Please Leave a Comment, I’d Love to Explore this Conversation Deeper. If You Have Not Already Done So, Download My Free E-Book, “50 Ways to Transform Your Fans into Family.”
I Was Not Listening to Any Music while Composing & Posting This Piece, but all kinds of Random Songs are running through my head..