Intellectual property · Legal information

Who Holds the Copyright in a Musical Work?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Copyright in a musical work is the reading of the composition, the lyrics, the performance and the recording as separate layers of rights. The habit of thinking that one song has one owner is not enough. The question of who holds it changes with which layer is asked about. A contract that assigns a right does not by itself carry a layer it did not assign. A rate and a period are not in this text.

The work being heard does not mean that every use is permitted. Permission is read from the document that writes that medium. If there is no document, permission is not assumed. An assumption does not create a figure on a tariff either.

The layers are not copies of one another

The composition, the lyrics, the performance and the phonogram may create separate rights. The lyricist and the composer may not be the same person. The performer is the person who performs the work. The person who reproduces the recording may stand in another layer. An arrangement and a sample are not treated as free without a further permission being discussed. One is not read so that it will pass to the other by itself.

An assignment of the economic right must write in its own sentence which layer it covers. If there is no sentence, it is not said that every right has passed. A copy of the work may show who created it. If it does not, ownership is not produced from the name on the cover. A name may be a clue. A name does not create an assignment while there is no contract.

Licence and the collecting society

Communication to the public, and use in a venue, often run through a collecting society. The society is not the author of the work. A licence the society gives does not always stand in for a one-to-one contract made with the composer. A publication on a platform does not by itself cover a wedding hall or an advertising film. The scope is in the licence text.

The general frame of copyright is in copyright. The society's record is in the collecting society, and the economic assignment is in assignment of the economic right. Removal of the name, and distortion of the work, are under moral rights. A music file is not the short name of those headings.

How the layers are separated

The composition, the lyrics and the licence contract are read layer by layer. A rate and a period are not written. The address of a Çankaya office does not change the authority of the collecting society or the competent court.

A decision is not made without separating which layer was used without permission. If a petition only says "my song was played", and it is not written which layer belongs to whom, it remains incomplete. If a notice carries the society's warning, that writing is kept. The notice does not set the rate by itself. An invoice may show the fee for the event. An invoice does not show that the licence covered that medium.

Permission, a cover and the recording

A cover is a fresh performance of the work. A remix may add a new layer to an existing recording. Neither is free without permission being discussed. A short excerpt is not treated as free by itself because the excerpt is short. This text does not set a measure for the excerpt. The measure is read from the concrete use and from the licence sentence.

If a minute writes which work was played in the venue, that line is what is discussed. If there is no line, the statement that it was played remains incomplete. If the contract assigns only the lyrics, the composition remains. The register may show membership of the society. The register does not make the society the owner of the composition in every file. If the application is about stopping an unauthorised use, it is written which copy stands at which address. If there is no address, the application stays general.

Which layer was used without permission

A claim of unauthorised use must write whether the subject is the recording that was played, the lyrics that were read, or the composition. If all three are there, the three stand on separate lines. A claim melted into a single line hides which right is being looked for. A hidden right does not open by itself with the society's general tariff. The tariff is read by looking at whether that layer stands in the contract.

If the contract concerns only the performance, the composer's permission is looked for separately. A permission that was not looked for does not arise from an assumption that the recording was lawful. An assumption does not create a rate either. It does not create a period either. This text writes neither of them. A figure that is not written is not copied from a society announcement. A copy does not stand in for the concrete licence sentence. A warning opened without the layer being written does not show which right it is looking for. A warning that does not show that remains incomplete.

Conclusion

Music copyright is layered. One contract does not carry every right. The layers are not counted as one contract. A rate and a period are not in this text. The frame is on the intellectual property law page.

The basis is Law No. 5846 on Intellectual and Artistic Works.

Legislation

Frequently asked questions

Does the collecting society own the work?

No. The society may be a route for representation or for collection. Ownership is read from the composition and lyrics layers. The society's record does not close every use by itself.

Is a cover or an arrangement free?

Permission and a licence are discussed according to that use. There is no automatic freedom. A rate and a period are not in this text.

If it is published on a platform, may it also be played in a venue?

A platform licence does not cover venue or advertising use in every file. The scope is read from the text of the licence contract.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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