The Different Layers of Copyright Protection in Music

By Enrique Cheang, E.C.V. Asociados

A song can involve several distinct layers of intellectual property protection. The underlying musical composition, including its melody and lyrics, may be protected separately from the particular sound recording of that composition. Different rights holders may control each layer, meaning that using a song can require more than one authorization depending on how it is being used.

This distinction is particularly important when music is incorporated into audiovisual or commercial content. A company that wants to include a commercially released recording in an advertisement, corporate video, film, social-media campaign or other promotional material cannot generally assume that access to the song through a streaming service or another online platform gives it permission to reproduce or commercially exploit the recording.

At the composition level, rights may belong to one or more songwriters, composers or music publishers. The sound recording, sometimes referred to as the recording or “master,” may have a different owner, such as a performer, record producer or record company. These rights can therefore be held by different parties and may be subject to separate licensing arrangements.

The distinction is also relevant when music is combined with images. In many jurisdictions, the authorization to use a musical composition in an audiovisual production is treated separately from the authorization to use a particular recording of that composition. In the music industry, these are commonly described as synchronization rights and rights in the sound recording, although terminology and the precise scope of the rights can vary between countries.

There can also be additional rights depending on the circumstances. Performers may have related or neighboring rights in their performances, while producers of sound recordings can have separate rights in the recordings themselves. Collective management organizations may administer some of these rights, particularly in relation to public performance, broadcasting or other forms of communication to the public. The applicable rules depend on the country and the specific use.

The fact that a song is freely accessible online does not change the underlying ownership of these rights. Streaming platforms, social-media services and music libraries operate under particular licenses and terms of use. Those permissions generally govern the relationship between the platform and its users and do not necessarily authorize a business to extract a recording and incorporate it into an advertisement or other commercial production.

Another widespread misconception is that using only a short portion of a song automatically avoids copyright issues. There is no universal international rule establishing that a particular number of seconds or percentage of a work can always be used without authorization. Exceptions such as quotation, criticism, parody, education or fair use or fair dealing exist in different legal systems, but their requirements and scope vary considerably between jurisdictions.

For businesses operating across borders, the issue can become more complex because copyright and related rights are territorial. A license may need to specify the countries or territories in which the content can be used, as well as the duration, media, purpose and type of exploitation permitted. A company producing a global advertising campaign therefore needs to consider not only who owns the music rights, but also where and how the campaign will be distributed.

What appears to be simply a song can therefore contain several separate layers of intellectual property rights. Identifying the composition, the recording, the performers and the relevant licensing arrangements before using music in commercial content can help businesses avoid assuming that access to a song is equivalent to permission to use it.