Understanding Copyright Protection in Music: Albums, EPs, and Individual Songs

Copyright is a fundamental concept in the music industry, yet many seem to be unfamiliar with the mechanics and nuances surrounding it. This article aims to demystify these aspects and explore whether a copyrighted album or EP can have individual songs that are not copyrighted, and how this impacts the overall copyright status of the work.

The Basics of Copyright in Music

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. This protection is automatic and applies to anyone who creates a tangible form of a song, whether it is recorded or written down. Unlike popular misconceptions, there is no need to go through a process called “copyrighting,” and a work can be considered copyrighted even if it isn’t formally registered.

Copyrighting a Song

When a song is recorded, it is subject to two different types of copyright:

The copyright of the song itself, which covers the music and lyrics The copyright of the sound recording, which covers the specific recording of the song

A song that is “old enough” may have seen its copyright expire, placing it in the public domain. In this case, anyone can legally record and distribute the song without the original copyright holder’s permission. However, the new recording itself will still be protected by copyright.

Albums and EPs: Collections of Songs

An album or EP (Extended Play) is a collection of tracks released as a single item. Historically, these collections were made up of multiple individual records, but today, they can also be digital downloads. An album is not subject to a standalone copyright, but rather each song within the album is covered by its own individual copyright.

Copyrighting an Album or EP

When you register your songs at the Copyright Office, each song must be listed individually. An album or EP release means that all the songs are being published at the same time, so the album will only list one copyright date for the entire album, not for each individual song.

The Quirk of U.S. Copyright Law

A peculiar feature of U.S. copyright law is that all audio recordings made since 1923 are currently protected by copyright, with no expiration date. This means even Edison’s earliest recordings are still under copyright protection. It’s only when recordings made after 1972 are released that they begin to enter the public domain in 2038.

Practical Implications for Music Artists and Publishers

Understanding these nuances is crucial for music artists, composers, and publishers. Always ensure that you have the necessary permissions to use any copyrighted material to avoid legal issues. The benefits of registering your work include additional protections, potential financial benefits, and formal documentation of your work.

Conclusion

While an album or EP as a whole does not get additional copyright protection, each individual song within it is protected by its own copyright. This means that even if an album is copyrighted, not every song on that album might be. It's essential for musicians and publishers to understand these copyright laws and obligations to manage their works effectively and legally.