Music Copyright

Music copyright exists automatically the moment an original musical work is "fixed" in a tangible form, such as an audio recording, written sheet music, or digital file. It is a federal right, administered by the U.S. Copyright Office, which is crucial for establishing legal ownership and enforcement capabilities in D.C. courts. This automatic protection is the first line of defense for composers, lyricists, and artists against unauthorized use.

Copyright enforcement in Washington D.C. has seen significant cases, particularly involving digital platforms and public venues. For instance, a notable example involved a major U.S. streaming platform accused of withholding licensing fees owed to creators. In similar D.C. cases, courts have consistently reinforced that unauthorized use of copyrighted music—even in seemingly small-scale online content or local performances—can result in severe civil and criminal penalties, highlighting the serious nature of infringement within the District.

Music authors—including composers, lyricists, and musical arrangers—hold extensive rights over their original compositions. These rights include both Moral Rights (like the right of attribution and the right to object to distortion) and comprehensive Economic Rights (including reproduction, distribution, public performance, and the right to create derivative works). These fundamental rights exist from the moment of creation, securing both the personal connection to the work and its potential economic value.

• Moral Rights: The right of a composer or lyricist to be credited for their work and to prevent changes that could damage their artistic reputation.
• Economic Rights: The exclusive right to commercially exploit the music, such as licensing it for films, commercials, or public broadcasts in D.C. venues.

Performers (e.g., singers, session musicians) and Producers (e.g., record labels who fund the recording) are primarily protected by neighboring rights, focusing on the sound recording itself, separate from the underlying musical composition. These crucial rights include the ability to control the reproduction and distribution of the specific performance, as well as the right to receive equitable remuneration when recordings are used commercially. These neighboring rights are recognized under federal law and enforced through the D.C. court system.

• Performer Rights: Protecting the specific artistic interpretation of a musical work captured in a recording.
• Producer Rights: Protecting the investment and technical effort required to create and distribute the final sound recording.

To register a musical work or a sound recording, the creator must submit a completed application to the U.S. Copyright Office. The general process for a performing arts work involves completing Form PA (for the composition) or Form SR (for the sound recording), uploading a digital copy of the music, and paying the required fee. Registration is critical because it establishes a public record of legal ownership and is a prerequisite for filing a lawsuit in federal court to claim statutory damages against an infringer.

• Required Forms: Use Form PA for the music/lyrics and Form SR for the audio file itself.
• Legal Advantages: Registration allows the rights holder to claim statutory damages (up to $\$150,000$ per work if willful infringement is proven) and attorney's fees in a D.C. court.

The formal registration of music copyright creates important legal presumptions that significantly strengthen a rights holder's position in D.C. litigation. Specifically, ownership is presumed in favor of the registrant, and the dates of creation and publication listed on the certificate are legally presumed to be correct. This shift in the burden of proof makes registration a powerful and strategic tool in effectively enforcing exclusive rights and pursuing infringement claims within the District of Columbia, streamlining the legal process.

If a music copyright is infringed upon in Washington D.C., the rights holder has several powerful legal options. The most common action is filing a civil lawsuit in federal court to seek actual or statutory damages, which can reach up to $150,000 per work if the infringement is proven to be willful. Additionally, the court can issue an injunctive relief order, which immediately stops the infringer from any further use of the copyrighted material. In cases of intentional, large-scale violations, the U.S. Department of Justice may pursue criminal prosecution. Furthermore, the Copyright Act often allows any profit earned by the infringer to be presumed as the harm caused to the original copyright owner.

The duration of music copyright protection in Washington D.C. depends on the specific circumstances of the work's authorship and publication. For an individual author, the copyright lasts for the life of the author plus 70 years. For works created by two or more authors (joint authorship), protection extends for 70 years after the last surviving author dies. In the case of works made for hire or anonymous works, the protection period is either 95 years from the date of first publication or 120 years from the date of creation, whichever term is shorter. Once this period expires, the musical work enters the public domain and may be freely used by anyone without permission or payment.