Musical Rights Protection New York

Recent lawsuits in New York have highlighted the importance of musical rights enforcement. For example, streaming platforms have been held liable for unpaid royalties, amounting to hundreds of millions of dollars. These disputes underline why artists must proactively secure and enforce their rights.

The primary rights holders in a musical work are the lyricist, composer, and arranger. Their rights can be grouped as follows:

Moral Attribution Rights (Limited Applicability):
While moral rights such as attribution and integrity exist under U.S. law, they are primarily recognized for visual art under the Visual Artists Rights Act (VARA) and generally do not apply to musical works.

Economic Rights (Transferable):

• Reproduction right
• Public performance right
• Broadcast and streaming rights
• Distribution right
• Rental right
• Derivative works right

These rights last for the life of the author plus 70 years under U.S. federal copyright law. For joint or anonymous works, different terms may apply.

Performers and record producers hold related rights under specific provisions of the U.S. Copyright Act and relevant New York state laws, though the U.S. does not formally recognize “neighboring rights” as defined in international treaties. These include:

While these do not equate to full authorship rights, they grant significant control over the use of recorded or broadcast music.

While registration is not mandatory, it’s essential for legal recourse in infringement cases. In New York, musical rights can be registered through the U.S. Copyright Office.

Registration Steps:

1. Complete the online application
2. Upload or mail a copy of the work
3. Pay the applicable fee
4. Receive a certificate of registration

This process typically takes 3 to 8 months.

Creators can register various details about their work, including:

• Full name or pseudonym of the creator
• Date and location of creation
• Title and classification of the work
• Whether it has been published and where
• Co-ownership ratios (if multiple creators)
• In the case of work-for-hire, the employer's information

Although musical rights exist upon creation, registration offers the following legal advantages:

• Presumption of ownership in court
• Legal standing to sue for infringement
• Inversion of burden of proof—the infringer must disprove ownership
• Eligibility for statutory damages and attorney's fees in lawsuits

Below are examples of conduct considered unlawful if done without permission:

• Using purchased music in a commercial YouTube video
• Streaming copyrighted music on a blog or website
• Performing copyrighted songs in public venues for profit
• Sending music files repeatedly via mass emails
• Sampling or remixing music without proper licensing

These acts violate the original creator’s rights unless prior consent is secured.

If someone infringes upon your musical rights in New York, you may seek remedies through:

• Civil litigation: File a lawsuit for damages
• Statutory damages: Even if no specific loss is proven
• Criminal complaint: If infringement was willful and for commercial gain

In civil cases, actual damages or statutory damages may be awarded. If the infringer profited from the violation or industry-standard rates apply, such evidence can influence the court’s assessment of damages.

In cases of willful infringement for commercial gain, violators may face up to 5 years of imprisonment or fines of up to $250,000 per offense under federal law, even when such cases are prosecuted in New York courts.