Which parts of a song are protected by Copyright?
One track, two legal layers. Master the difference between Composition and Sound Recording to protect your rights and secure your royalties.
Disclaimer: This Article is for general informational purposes only and does not replace legal advice for specific situations.
TL;DR
In the music industry, a song is not a single legal asset. It is divided into two separate but parallel layers of protection: the Composition and the Sound Recording. A common misunderstanding is treating these as one asset, which often leads to missed royalty payments, unauthorized use and legal disputes. Understanding this distinction is the key to managing your rights and collecting royalties effectively.
Understanding original works and their legal limits
To understand music copyright, one must recognize that a single track embodies two separate and distinct sets of rights. Protection does not cover every aspect of music; it is specific to "original works of authorship" fixed in a tangible medium.
Certain elements are not protected by copyright, including:
- Common musical scales, chord progressions, or short phrases.
- Ideas or concepts not expressed in a fixed form.
- Public domain works or facts like historical tunes.
See more: "What is Not Protected in Music Copyright?"
General concept of Music Copyright
Under U.S. Copyright Law, a single piece of recorded music contains two separate and independent copyrights.
1. A Composition [1] consists of the lyrics, melody, musical notes, and arrangement of a musical work.
The composition is owned by:
- the songwriter(s), or
- composer(s).
In many cases, these rights are administered or partially assigned to a music publisher, but ownership does not automatically belong to a publisher.
A songwriter or composer writes the song, and an artist or band performs it. Sometimes, the songwriter and the performing artist are the same person (commonly referred to as a singer-songwriter). Other artists may later perform or reinterpret the same composition. This is known as a cover.
A cover version uses the same underlying composition, even though the sound recording is different. Because of this, the same composition can be embodied in multiple sound recordings. Any use of the Composition - whether in an original recording or a cover - requires proper licensing from the composition rights holder or their administrator.
2. A Sound Recording [2] (often called the "master") is the actual recorded performance of a composition. It may include vocals, drums, strings, horns, electronic sounds, or any other types of audio arranged into a single master recording.
The Sound Recording is typically owned by:
- A record label, or
- The performing artist, or
- Another party, depending on contractual arrangements.
Multiple Sound Recordings can be created from the same composition. For example, a song may have: an original studio recording, several cover versions, live recordings, remixes… Each of these recordings is a separate Sound Recording, even though they all contain the same composition.
A Sound Recording may also be embedded in multiple videos or platforms, but it will always contain one underlying composition.
Why does this structure exist?
This dual-layer structure exists to fairly reward all contributors in the music creation chain.
Songwriters and publishers are compensated for the underlying creative work, while performers and labels are protected for the specific recorded performance they created or invested in.
Music copyright is not designed to restrict creativity or public access. Instead, it maintains a balance by:
- protecting creators' rights,
- providing legal clarity for users, and
- preserving the long-term value of music as a cultural and economic asset.
REFERENCES
[1] Section 102(a)(2) US Copyright Law;
[2] Section102(a)(7) US Copyright Law.