The Common Law

The framers of the U.S. Constitution were smart enough to include a copyright clause (Article I, Section 8) giving Congress the power to "promote the Progress of Science and useful Arts" by creating laws that give creative people (like musicians) exclusive rights to their artistic work for a certain period of time.

Put simply, copyright is a form of protection for original works of authorship that is fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

For example, copyright protects original works of authorship in all of the following areas: literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, motion pictures (and other audiovisual works), sound recordings, and architectural works.

As a musician, your work is considered to be under copyright protection the moment that it is fixed in a tangible form, which for most musicians means the moment the song is written down or recorded.

Alternatively, several examples of things that are generally not protected by copyright include most ideas and discoveries, works that have not been fixed in a tangible form of expression (i.e., an improvisational music performance that is not written or recorded) or works that consist entirely of information that is common property and contains no original authorship (standard calendars, tape measures, lists taken from public documents, etc.).

Copyright is important because it generally gives the owner of the copyright the exclusive right to do (and to authorize others to do) numerous things. For example, the owner of a copyright can reproduce the work in copies, perform or display the copyrighted work publicly, distribute copies or prepare derivative works.

Check out the next few "Common Law" columns for more information on copyright, and take a look www.copyright.gov for more detailed information.