All about music copyright

Music copyright is split into two parts:

1. Music Copyright - Copyright in the work itself - the tune, lyrics, arrangement & performance. This relates to the copy of the studio recording of a musical work or track.

So you would infringe copyright law if you used a piece of music, which is still in copyright, in a programme without the owner's permission. This applies to all media.

You would also infringe copyright law if you made your own cover version of 'Hey Jude' and then performed or broadcast it in any way.

Music copyright stays in place until 70 years after the end of the calendar year in which the author or last surviving co author died.

2. Mechanical or Sync Copyright - Copyright in the mechanical recording.This relates to a copy of a musical work (the composition or lyrics or both) being made.

You would infringe copyright law if you made copies of a recording of Beethoven's 5th Symphony by the London Philharmonic Orchestra. Even though the Author (Ludwig van Beethoven) has been dead for over 70 years, the recording by the London Philharmonic is protected by Mechanical Copyright.

Mechanical Copyright in the sound recording lasts until 50 years after the end of the year the recording was first released, or if it wasn't released 50 years after the end of the year it was first recorded.

Permission for both copyrights

When you obtain a licence to use copyright protected music, you may need to secure two separate licences - one for the Music Copyright and one for the Mechanical or Sync Copyright. These are sometimes combined into one overall licence.