Last issue we began the discussion on "copyrights" with the automatic and exclusive rights a creator of an original piece enjoys. Now, let's look a little deeper into some of the duties, obligations, and restrictions which comes with those rights.

First and foremost: your 5 exclusive rights--the right to make CDs of your work; the right to publicly perform your work; the right to make derivatives based on the work; the right to display the work; and the right to distribute the work--are not your exclusive rights forever. Under copyright law, once you perform the song you have written or make it available to the public , ANYONE else can do the same as long as they adequately compensate you.

A copyright holder's exclusive rights exist for the life of the creator, plus 75 years after death. The reason that there is a time-limit to ownership of original work is that the framers of this law wanted to ensure that no one could maintain an absolute control--and profit--over works. The law guards against this from happening in one way by compelling that those holding a copyright allow others a chance to utilize the work once it becomes public. In music, this compulsory provision is called a "compulsory license", or sometimes a "compulsory mechanical license".  The law states that a copyright holder cannot refuse a request to use the material, as long as a certain rate is paid. A copyright holder cannot even refuse a request to re-record his song, even if the request to use the song runs contrary to its original intent. Eric Clapton recorded an incredibly moving tune called "Tears from Heaven" as a tribute to his young son killed in an accident. If a request was made, for instance, to re-record the tune as a techno/rave/dance mix, Clapton cannot refuse the request under the law, as long as he is paid for each copy sold or printed. The only way that Clapton could have ensured that the song's meaning was never corrupted was to never have released it to the public.

The most important way that an original work of art is restricted from permanent exclusive ownership by its creator is to have all protection on it lapse 75 years after the author's death. The song then goes into "public domain" status meaning that anyone can use the material free of charge, and without fear of infringing upon the original creator's rights. Public domain songs can be re-recorded, re-arranged, have derivatives based on them by any and everyone who desires to do so those new versions, however, are now copyright protected by those doing the re-recording, but ONLY their version of the song. The creators of "Barney" can add new lyrics to the public domain song "This Old Man" and call it "I Love You [Barney's Theme]", but only that version is protected , not the original tune).

A word of caution to those who wish to use a public domain song: just because a song seems like it has been around forever and performed and/or recorded by everyone, DOESN'T MEAN THE SONG IS IN THE PUBLIC DOMAIN! This is very, very important to avoid future headaches over the lawsuits you could be facing from infringing upon someone else's material. The song "Happy Birthday" is the best example of this. This is THE most popular song in the world, having been sung by nearly every man, woman and child in the world, yet "Happy Birthday" is owned by a publishing company called Summy-Birchard Music. Every time the song is performed in a TV show; movie, performed in a play, used in a micro-chip on a greeting card, placed in a jewelry box, toy, etc., Summy-Birchard collects a fee which averages $2 million a year! The copyright to "Happy Birthday" will expire in about 20 years, and only then will it become public domain. If you are in doubt as to whether a song is public domain or not, please consult the performing rights agencies ASCAP, BMI, or SESAC for help in determining ownership. Even after all this research is undertaken, DO NOT RECORD THE SONG IF THERE IS ANY DOUBT OF ITS PUBLIC DOMAIN STATUS!

Next issue I'll be discussing some of the legal consequences of copyright infringement and why this is a legal mess that most people could avoid with a few simple steps.