Using music legally isn’t something you should be scared about; quite the contrary! This topic is a means to be respectful of someone else’s intellectual property and making sure yours is just as safe. This entry is related to both copyrights and royalties, but mostly to the former. We’ll explain how to use someone else’s music and what to do if someone uses your music unlawfully.
Using Music Legally: Someone Else’s
Firstly, assume that any piece of music you have ever heard is copyrighted. Therefore, each and every one of the artists who produced them deserves respect. Of course, it’s perfectly normal to listen to the production of the other to get your own creative process going. That’s why artists compose, perform, and record, after all. The only thing that you must be careful with is that said inspiration doesn’t transform into stealing material. And, in order to do so, we have some crucial bits of advice.
If you’re using someone else’s song deliberately, only use it if it’s already in the public domain. Afterwards, check if there’s a copyright to the song. If there is, ask the copyright holder for permission to use it directly. Don’t be afraid to do so! And, just to be safe, if you want to use someone else’s music, make sure you thoroughly revise the statutory limitation to exclusive rights. Some tunes from yesteryear don’t hold rights today—and you could take advantage of that.
Keep in mind that there’s no actual minimum amount of music you can use if you intend to reproduce it: there’s always someone who’s right you’d be infringing if you do so. As an example, if you’re making a cover, be sure to compare your intended purpose with its rights. And, simply, be considerate to the person or group of people who created the song: contact them and make sure you obtain their explicit consent. Even if this means that you’ll have to give them royalties in exchange.
And if Someone Uses my Music?
Think of what we’ve just said, but the other way around. What would you do—and how would you feel—if someone else wasn’t considerate with your property? Well, legally speaking, that’s stealing: when someone uses what you own without your permission. If this happens and you hold the rights to your music, then you can pursue legal action. If this happens to you within the emerging artistry circle, the chances are that the other person is not as informed as you. Try to approach them, assertively and calmly, and if that doesn’t work then go speak to an attorney.
Even with all its magic, music, as any business, has its difficulties. When someone else uses your music unlawfully, you have the right to proceed and demand statutory damages. Just keep in mind that this process can be vexing and costly. But it’s worth it if you’re defending a product that costs you time, effort, talent, and passion. Copyright lawsuits are usually decided in federal court.
Using Music Legally: Conclusion
Every artist has his, her, their struggle. Be respectful and considerate if you’re planning to approach someone else’s work, especially if you intend to benefit economically from said use.
