COPYRIGHT

INFRINGEMENT:

WHAT IS IT AND HOW DO

WE AVOID IT?

One of the most common issues that arises with music and copyright law—especially when used in film or television—is whether a license or special permission is needed.

The following slides will illustrate the precarious realm of copyright infringement and how you can avoid falling victim to it.

EXPLAINING COPYRIGHTS

Authors of original creative work are automatically provided a

form of legal protection over their work in what is known as a

“copyright.” These original works can include, but are not

limited to: music, literature, photography, etc.

Under United States copyright law, the author/creator of the

original piece of creative work is generally granted an

exclusive right to:

• Reproduce or distribute the original

piece of creative work to the public

• Develop other pieces of work based

on the original work

• Display or perform the work in a

public setting

HOW DOES IT WORK?

Though copyrights can come in the

form of legal documents, once a

tangible form of expression is created

(i.e., a recorded song or written lyrics), it

is automatically copyrighted, so long as

it is an original work of authorship.

Works that are not in a fixed form, such

as an idea in your head or an improvised

song between you and a friend, are not

protected by copyright.

WHO OWNS THE COPYRIGHT IN

RECORDED MUSIC?

This is where things start to get a little

tricky. If a person writes a song and

records it himself or herself, that

person owns the rights to the song.

Professionally produced music,

however, can have many different

owners at once, including:

• The songwriter

• The performer

• The producer

• The record label

• The publisher

COPYRIGHT INFRINGEMENT

Using work that is protected under copyright law without the author’s consent is referred to as copyright infringement. This includes distributing, reproducing, performing or displaying protected pieces of work.

If a person or entity, such as a business, is found guilty of copyright infringement, they stand to face a steep fine for damages and profits, as well as potential jail time, depending on the severity of the infraction.

HOW TO AVOID COPYRIGHT

INFRINGEMENT

There are a few creative ways to avoid overstepping the boundaries, such as:

• Public domain works (i.e., unlicensed material or materials released under Creative Commons)

• “Fair use” (utilizing the creative work for teaching, critiquing, reporting and researching purposes)

Though these are both viable

options, they can be quite risky if

utilized without proper research. If

you are unsure if something is

protected by a copyright, chances

are it probably is. Also, you will want

to read the fine print—sometimes the

work will have licensing limitations.

Of course, there is really only one safe solution to this problem, and that is by obtaining permission or a license from the owner of the copyright.

By legally acquiring the rights to artistic material—whether directly through the owner or via a third party—you will not need to worry about suffering any of the consequences that accompany illegal usage of someone else’s intellectual property.

THE SAFEST

SOLUTION

Copyright infringement is a very intense subject. Not only does it cost the owner/creator potential financial gain, but it can also put the violator in a very unfortunate legal situation.

Luckily, with the help of some simple principles, and a little responsible research, you will be able to save yourself from breaching the dreaded copyright law.

ABOUT US

Founded in 1998, Ricall operates one of

the world’s largest online music research

and licensing marketplaces. The Ricall

Professional music licensing platform

brings together music rights owners and

media creators to facilitate the use of

music across all projects. Ricall’s mission

is simple—to take away the headache

associated with licensing any type of

music for use in commercial and personal

video productions.

For more information, please visit

ricall.com