This Practice Note examines Copyright as it applies to music. It provides guidance on copyright-focused case law and provides worked examples relevant to the key issues of: dealing with protected works; authorship and ownership; qualification; duration; infringement; and defences and permitted acts, all geared toward the music and entertainment sector.
Where the relevant requirements are met, copyright arises automatically and it is not necessary to register it. For more guidance generally in relation to the subsistence of copyright, see Practice Note: Copyright—subsistence and qualification.
Court of Justice judgments
This Practice Note refers to judgments from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.
Protected works
In the context of music, under the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright subsists in the following categories of works:
- •
original literary or Musical works (recorded in some form), and
- •
sound recordings
A ‘musical work’ is a ‘work consisting of music, exclusive of any words or action intended to be
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Copyright definition
What does Copyright mean?
Any property right over certain creative works, which grants exclusive right to the owner.
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