Works of authorship that are original and that are fixed in any tangible medium of expression may be protected.
Music lyrics as well as musical scores are protected by copyright law.
Different types of licenses are required to use copyrighted music. A "mechanical license" allows one party to record and distribute someone else's song. A "synchronization license" allows someone to synchronize someone else's recording with visual images.
Many works of authorship are subject to protection under the copyright laws including literary works; computer software; musical works; dramatic works; pictorial, graphic, and sculptural works; audiovisual works; sound recordings; and architectural works. Works of authorship that are original and that are fixed in any tangible medium of expression may be protected.
Exclusive Rights in a Copyrighted Work
The owner of the copyright interest has exclusive rights in the copyrighted work including the right to reproduce the copyrighted work, prepare derivative works, distribute copies of the work, perform the work, and display the work. Although the copyright owner is granted exclusive rights in the copyrighted work, there are limitations on those exclusive rights. The law recognizes that certain uses of copyrighted works by others should be permitted (e.g., for criticism or parody, news reporting, teaching, research, or archival purposes). Fair use limitations are applied to the use of copyrighted works by others.
The courts consider four factors when determining whether use of a copyrighted work is fair.
The factors include:
- purpose and character of the use (commercial nature or nonprofit educational);
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
Any violation of any of the exclusive rights of the copyright owner is considered an infringement of the copyright. Remedies for infringement include injunctions, impounding and disposition of infringing articles, damages and profits, and costs and attorney's fees. Although registration is not a requirement for obtaining a copyright in an original work of authorship, it is a prerequisite to infringement action in court.