ION INDIE MAGAZINE October 2015, Volume 17 | Page 98
Songwriting Series: The Bundle of Rights
By Paul Bordenkircher
Last time, we discussed the different kind of publishing
deals. But to really understand what you're signing--or
signing away--you need to understand what rights you
have as part of the original works you create.
According to copyright law, there are several rights that are
immediately given to the creator at the moment a work is
created. These are known as the Bundle of Rights, and they
belong with only the creators, unless those rights are
assigned to others by written contract. This might be the
most important thing you learn as a songwriter, so pay
close attention.
The Bundle of Rights are:
1
The right to reproduce the work. This means to
make copies, physical or digital. CDs, vinyl, MP3s
and any other form your song might take fall under
this one.
2
The right to distribute the work. Just like
reproducing the work, this right applies to physical
or digital copies (not streaming). Best Buy, iTunes
or your own website are all places distributing your
work.
3
4
The right to make derivative works. A derivative
work is the creation of new works, using a previous
work as a portion. This is a long discussion on its
own, but the best example of a derivative work is
Elton John's re-write of his classic song "Candle
in the Wind." It was originally written in 1973
about Marilyn Monroe. When Princess Diana died
in 1997, Elton rewrote the lyrics in her honor. This
is considered a derivative work, because the
original work had one set of lyrics, the derivative
work has a different set.
The right to display the work publicly. This right
does not apply to musical works, only to visual
works like paintings and sculptures.
5
The right to perform the work publicly. This means
any kind of performance of your song, live or
recorded. A live performance by you or another
group, on AM or FM radio, television, satellite
radio, streaming service, on the telephone,
grocery store, elevator, or anywhere else music is
played.
6
The right to perform publicly via digital
transmission. Much like the last one, this applies
to a public performance of the work, but it applies
specifically only to places like satellite or internet
radio and streaming services. This is also the only
one of the rights we’ve listed that applies to the
sound recording. That means in the first five
instances, checks would go to the creators of the
work--songwriter, publisher, etc. In this last
version, checks go to the owner of the sound
recording (often referred to as the master).
When is my song copyrighted?
One of the biggest misconceptions I get from songwriters
is the actual point when a song is legally considered
copyrighted. So many writers want to run out right away
and file papers with the Copyright Office, saying, “If I don’t
do it RIGHT NOW, someone can steal it.” This is incorrect.
So we’re gonna break down all this legal-speak so you’ve
got a handle on it.
Here’s the legal definition: An original work is deemed
copyrighted at the moment of creation.
Now let’s define some words for you.
Creation: A work is deemed created as soon as it is fixed.
Fixed: A work is deemed fixed when it has been recorded in
a tangible medium.
Tangible medium: Defined as anything where the work is
rendered permanent or semi-permanent. Examples
include paper, audio tape or CD, hard disk recorder, etc.