There’s the Song, and Then There’s the Recording.

The copyright laws (by which deserved persons might get paid for songs that have been written) focus on two wholly different rights:

1.   Ownership and control of the “underlying song,” e.g., what a songwriter comes up with in her living room, by herself, on a Tuesday night, when she’s not on social media and she is ignoring the laundry and dishes that need to be done.

2.  Ownership and control of a recording, if any, of the “underlying song” (and there can be multiple recordings of a song, each of which, if appropriately licensed by the writer, is “monetized” to the writer (i.e. Ms. Tuesday and her music publisher, if any).

The point here is that the property right described under No. 1 above is always equal to, or greater than, the property right described in No. 2.

Records make the world go around, for sure, and musicians and non-songwriter performers are great.  But songwriters (and their publishers) are better, because they honor the Tuesday night and the dishes left undone.  So that their Saturday nights (and ours) might be better.

Say thank you.

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But you don’t have to take my word for it.

17 U.S. Code § 106 provides as follows:

“. . . the owner of copyright . . . has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

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