Copyright Law in Music: Composition vs. Sound Recording

A cassette is one of the tangible forms in which sound recordings are embodied for commercial exploitations.

Every song has two types of copyrights involved: the sound recording and the musical composition.

A sound recording refers to a particular recording of different elements that constitute a musical work. This includes the recorded sounds, as well as any production work that has been done to create the final product. In other words, a sound recording is the specific version of different recorded elements such as the lyrics, music and melodies that you can listen to in a device. On the other hand, a musical composition refers to the underlying musical work itself, including the melody, harmony, and lyrics. It's the song in its abstract form, without any specific recording or performance attached to it.

It is important to understand that a sound recording and a musical composition are two distinct types of work protected under copyright law. As the creator of a musical composition, you have certain exclusive rights, such as the right to reproduce copies, prepare derivative works, sell or distribute copies and perform the work publicly. Similarly, as the creator of a sound recording, you have exclusive rights over the recording itself. It does not cover the music, lyrics, words, or other underlying content embodied in that recording. The owner of a sound recording has the exclusive right to reproduce and distribute copies of the work and make derivative works from it. The public performance right for sound recordings, however, is limited to digital audio transmissions.

If you're a songwriter, composer, or performer, it's important to protect your rights in both the musical composition and the sound recording. Additionally, it is important to know that there can be more than one author in a sound recording or musical composition. It is important to understand the rights of each author involved and any applicable contract that may be needed to be signed by the authors, labels or publishers prior to exploitation. That might involve registering your copyrights and negotiating several agreements with the parties involved.

By understanding the difference between a sound recording and a musical composition, you can better protect your creative work and ensure that you are being compensated accordingly. It is important to consult with an experienced attorney who specializes in music law