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Music is all around us, but most of it has not been licensed appropriately. For instance, businesses that ask employees to play songs off of their personal Spotify or Pandora accounts to ‘create ambiance’ are technically violating music copyright laws. Personal streaming platforms only include a business to consumer license, or B2C. Instead, a business needs a commercial license (business to business, or B2B), required for performance in a public setting.
Music copyright is an important mechanism by which composers and creators can legally protect their music. This type of copyright can enable one to not only restrict usage of their work, but also to license and earn profits from both the composition as well as the master recording as two separate assets.
Understanding Music Copyrights
Music copyright deals with the exclusive rights to a song. It governs how a song will be reproduced, distributed, performed, covered, and rearranged.
Music copyrights are distinct from other art forms. A copyright holder can own the rights to both the sound recording (the master) as well as the composition (music and lyrics). In many instances, this ownership will be divided up amongst different entities. For instance, a music copyright might look like:
Songwriting Copyright (Publishing Rights): Total 100%
- Composer (music): 50% share
- Lyricist (lyrics): 50% share
Sound Recording Copyright (Label Rights): Total 100%
- Artist (performer on the master recording): 20% share
- Producer (for the master recording): 20% share
- Record label (financer of the master recording): 60% share
What Does a Music Copyright Protect?
A music copyright creates licensing rights to a song. In order for another person to use your music, they must obtain a license from you to do so legally. For instance, if another party wants to do any of the following, the activity would be protected by your music copyright:
- Cover your song
- Re-mix your song
- Re-arrange your song
- Play your song on the radio
- Sell or give away copies of your song
- Use your song in a commercial or a movie
Who Owns the Rights to a Song?
The complicated component comes into play when you consider who needs to sign off on what activities, as well as who makes money off of music licensing. Songwriters, publishers, performers, and labels all can be involved in music creation and therefore can all own the rights to a song. However, not every activity needs approval from every party involved.
If you wanted to secure a license to re-arrange and re-record a song, you might only need permission from the original songwriters. In this case, the master recording would not come into play. However, say you wanted to use the same song in a commercial. In this case, you would need to secure both the sync license as well as the master license in order to legally do so. Both the songwriters as well as rights holders to the master track would need to be contacted and compensated for usage.
What Happens When Music Enters the Public Domain?
When music enters the public domain, it can be considered free to use. Public domain music is often compositions whose copyrights have expired without being renewed. In some cases, music can also be dedicated to the public domain upon recording.
It is always important to consider whether both the songwriting copyright and the master copyright are in the public domain. The timeline may vary for these two areas of protection. In order to use a specific audio recording, the master rights must also be in the public domain, and not just the publishing.
When Does Copyright Protection End?
Typically, copyright duration depends on the date of first publication. Other factors that can include when a copyright will end include authorship vs. anonymity, corporate ownership, and pseudonymous works. Copyright protection ends:
- For Works Created After 1978: Copyright protection lasts for the lifespan of the author plus an additional 70 years after their death.
- For Joint Works: When two or more authors can claim a copyright that is not work for hire, the copyright will last the life of the surviving author plus an additional 70 years after the surviving author’s death.
- For Older Works: Music created, but not published or copyrighted before 1978 may be subject to separate copyright restrictions. While they are governed by the same Section 302, Chapter 3 of the Copyright Act (Duration of Copyright), the term may not expire prior to December 31, 2002 and if the work was published on or before December 31, 2002, the term of copyright is set to last until December 31, 2047. Works registered for copyright or published prior to January 1, 1923, are considered to be in the public domain in the United States.
- Special Rules for Works Made for Hire: Anonymous works, pseudonymous works and works for hire can be copyrighted for 95 years after initial publication or 120 years since creation. The expiration date will be whichever comes first.
Music Copyright FAQs
Can I Be Sued for Using Copyrighted Music on YouTube?
Yes, a lawsuit is a possible outcome for using copyright music on YouTube. However, the platform also offers other consequences such as demonetization, a ContentID claim, or being forced to take the video down.
Can Unreleased Music Be Copyrighted?
Copyright protection is automatic as soon as the music exists in a tangible form. This means that the moment you record an audio file or write sheet music for your song, you have created certain rights regarding its use. However, registering your music with the US Copyright Office is the surest way to create a record of those rights and protect your work. A copyright lawyer can advise you about when and how is the best time to file, to avoid paying multiple fees for changes made to unreleased music.
What Music Can Be Used Without Copyright?
Some music is either outside of the scope of a copyright, or designated for certain kinds of use. The following are examples of music that you may be able to use without a copyright:
- Public domain music: No license is needed for master recordings and compositions in the public domain.
- Creative Commons (CC) music: CC music often requires attribution (crediting the creator), instead of copyright permissions in order to use, sample, remix, or share an audio recording. You might also be required to only use CC music non-commercially in order to abide by the terms of use.
- AI generated music: US courts at the moment do not categorize AI music as having a significant enough amount of human authorship in order to qualify for copyright protections. However, AI assisted music, as opposed to AI generated music, may qualify for protections. A copyright attorney at The Fried Firm can advise you about up to date specifics regarding AI music and copyright.
How Do I Get Permission to Use Someone Else’s Music?
Songwriters are generally represented by Performing Rights Organizations, like ASCAP or BMI. They might administer the copyright to license the song for sync. However, the record label might own the copyright to the master (the actual audio you would use), and would also need to sign off on the project.
AI and Music Copyright
AI music copyright is an evolving field. The U.S. Court of Appeals for the D.C. Circuit ruled on March 18, 2025 in Thaler v. Perlmutter that substantial human authorship is a critical component to register a work for copyright protection. The case revolved around an AI-generated image, “A Recent Entrance to Paradise.” Like many works by human artists, the machine’s output was a reaction to “trauma” that the system experienced. The algorithm’s creator, Stephen Thaler, attempted to register a copyright for the work on behalf of the “The Creativity Machine”, his AI system. The Court ruled however that:
“The term ‘authorship’ implies that, for a work to be copyrightable, it must owe its origin to a human being. The current Compendium advises that the Copyright Office will ‘refuse to register a claim if it determines that a human being did not create the work.’ Compendium Third Edition § 306. That refusal extends to works ‘produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.’ Id. § 313.2”
With this in mind, the Court both restricted AI music for copyright as well as created a pathway forwards for creators who use AI as a tool for assistance. How much “creative input or intervention” is enough, however, to meet the human authorship standard? Is using AI simply to tune vocals or quantize drums enough to disqualify a song from copyright protection? What about AI assisted music that might have suggested lyrics or come up with the melody? With questions regarding AI music copyright, it is best to consult directly with a music copyright lawyer.
In general, the more human input, the stronger your claim can be for copyright protection.
Are AI-Generated Songs Protected by Copyright?
No. At the moment, only AI assisted songs are eligible for copyright. Additionally, the degree of human authorship is subject to scrutiny by the courts.
Who Owns AI-Created Music?
AI-created music cannot technically be copyrighted by any party, including the company that owns the algorithm. However, there may be terms of use that you have agreed to by using a certain platform to create AI music.
Why Work with a Music Copyright Lawyer Near Me?
The Fried Firm is an NYC law firm designed to meet the needs of creatives. Our office at 231 Front Street, Suite 216 is located in DUMBO, in the artistic heart of Brooklyn. Take the York Street F Subway or High Street AC to visit by train, or exit I-278 right before the Manhattan Bridge.
Cost for Music Copyrights
The cost to register a music copyright varies based on not only legal fees but also US Copyright fees. However, a first 15 minute consultation with The Fried Firm is complimentary.
Protect Your Music, Protect Your Future
The Fried Firm is an agile and experienced team dedicated to finding legal solutions to the problems that creatives face today. We know that the landscape of copyright law is evolving before our very eyes. As a law firm, we work to incorporate changes in AI music and growing digital footprint with the bedrock of copyright law and building your artistic brand. Working with our team can ensure that you have the ability to protect what you’re building from the ground up.
