IP and music agreements
Produced in partnership with Wiggin
IP and music agreements

The following TMT practice note produced in partnership with Wiggin provides comprehensive and up to date legal information covering:

  • IP and music agreements
  • IP rights
  • Music publishing
  • Publishing agreements
  • Copyright ownership
  • Share of future publishing/minimum commitments
  • Term, retention period and restraint of trade
  • Reversion
  • Exploitation
  • Royalties
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note considers intellectual property (IP) rights in the context of certain music agreements. In particular, the Practice Note outlines the various rights that subsist in a song and considers how these can be exploited. Issues relating to brand protection and image rights for musical artists are also considered.

IP rights

Copyright forms the basis on which songs and other musical works can be licensed and commercially exploited.

It is important to recognise that there are different types of copyright. Provided that the originality threshold is met, and the song has been recorded in material form:

  1. copyright will subsist in the musical composition (or score) as a musical work;

  2. the lyrics of a song will be separately protected as a literary work;

  3. the recording of the song will attract separate copyright as a sound recording

In addition to the principal rights attaching to music,

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