Category: Legal

Copyright: Social Media

The basics:

  • A copyrighted work cannot be broadcasted in any form publicly without permission from the copyright owner(s).
  • Even if you are recording a video and there happens to be music playing in the background – this could be unlawful use of copyrighted material!
  • Just because you have bought content in a physical or digital format, does not mean you have the right to distribute it online.
TikTok

 TikTok has features that allow users to ‘duet’ or ‘stitch’ with other users, as long as both parties have enabled the feature on their privacy settings. If a user chooses to duet or stitch with your video, the new video will be subjected to that user’s privacy settings (controlling who can watch or interact with the duet).

You warrant that no content uploaded by you in the process of Use of the relevant services of the TikTok Careers will infringe upon any third party’s intellectual property rights, right of publicity, right of privacy, or other lawful rights or interests. 

TikTok User Agreement

More information on dealing with copyright disputes and legal uses of copyrighted material can be found in TikTok’s Copyright Policy.

TikTok also has two music libraries which you can use to scroll and search for audio tracks to enhance your content:

Their General Music Library is available to use for non-commercial content. This music is not licensed to be used to create adverts or other promotional content.

Their Commercial Music Library is intended for business accounts, and can be used to promote your business.

Instagram and Facebook (Meta)

Meta has no additional license to allow you to ‘duet’ freely with any other user: for this you require permission from the original post author.

However, similarly to TikTok, Meta has an arrangement with multiple artists to allow the legal use of their tracks as backing to a reel or story. If you select one of these built-in tracks to use with your content, this is fine. If you upload music you have acquired, or there is music/ other content playing in the background of your video, you may be infringing copyright.

Instagram help Center

Instagram encourages its users to only post content they have created themselves.

Snapchat

The information Snapchat has on copyright is very limited, which basically means that you should only post your own content (created alongside Snapchat features).

Twitter

Content posted to Twitter may be used by the company with no compensation due to the content owner.

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Twitter User Agreement

Posting copyrighted content is in breach of Twitter Terms of Service: you must make sure you are “legally entitled to post the material and to grant Twitter the license described above”.

  • Generally, posting a recording of a live (public) performance on a personal account is considered okay, as long as it is an insubstantial amount: short clips of songs are fine, entire performances are not.
  • If you are using content not provided by the app you are using, and you haven’t created the content yourself, stop and consider whether you legally have the right to post it.
  • If you see the words ‘intellectual property’, this means (amongst other things) copyright!

Would you like us to look into any other social media platforms and their copyright guidelines? Lets us know!

Pop Month – Copyright

If an item is in copyright, either permission or a license must be sought to use the item. If the copyright holder is not a member of a licensing company, direct permission must be sought.

Live covers

If you do live covers for weddings for example, you will mostly not need to worry about getting a license or permission as wedding and other performance venues will typically have a PRS license in place. However it doesn’t hurt to check: you don’t want to be summoned to court over one little gig you probably forgot about!

Broadcasting and social media

However! A copyrighted work cannot be broadcasted in any form publicly without permission from the copyright owner(s).

Social media platforms may have agreements in place that permit the use of copyrighted material. For example, TikTok has an automatic licence from every user (via their user agreement) to permit them to duet with or respond to another user’s TikTok video.

NB Even if you are recording a video and there happens to be music playing in the background – this could be unlawful use of copyrighted material!

Recordings

Sound recordings and written music have separate copyright – an artist may assign/ sell rights to a specific recording to a record company, but they still own the rights to the work, i.e the written music and any future recordings.

Anyone wanting to record a song you composed has to obtain permission from you (as owner of the work), regardless of whether you have already made your own recording or not.

Anyone wanting to use a recording of a song you composed, will have to ask your permission, the record company’s or label’s permission (whoever you assigned the rights to), or both.

Organisations such as amateur choirs can obtain a license to permit recordings that are distributed amongst members and friends (only) free of charge.

Remixes, quotations, edits etc

It is unlawful to use a substantial amount of another person’s work without their permission: popular music artists are often in the media after being accused of stealing material from others. Artists such as Oasis, Lana del Rey, Coldplay and Led Zeppelin have all had cases brought against them, some of which resulted in hefty settlements.

However, you can use a small portion of an existing track to parody it, as long as it is respectful. An example of this could be the use of the opening to Stairway to Heaven by Led Zeppelin featuring in the comedy duo Tenacious D’s song Tribute.

WARNING: EXPLICIT CONTENT

However, a parody that reflects negatively on the copyright holder could be considered a breach of their moral rights.

Fun Fact: Led Zeppelin retracted their permission for Jack Black and Kyle Gass to feature the words ‘Stairway to Heaven’ in their movie Tenacious D in the Pick of Destiny after the scene had been shot, resulting in the ‘Guitarway to heaven’ you see in the above video.

Pretty Woman, a case study: 2 Live crew requested permission for use of Roy Orbison’s Oh, Pretty Woman, but permission was denied. They released their track anyway confident it was legal under ‘fair use’, and after a lengthy dispute the US Supreme Court ultimately ruled that the use was fair.

However, even if you are intending to use material under fair use, it is safer to ask permission as copyright law can be quite subjective and there are many grey areas. “Weird Al” Yankovic says he always asks permission before making a parody.

Also remember that copyright only applies to unique material that has been recorded in some form: it cannot cover an idea. Therefore you could use the same inspiration to create a song as another artist, and this would not infringe their rights. The band Flight of the Conchords could be said to parody ideas used in specific songs, rather than the songs themselves. Have a listen and see what you think!

Weird Al
FOTC

So basically: Playing covers is okay, but using a song in any other way may require some extra effort. Stay legal people!

Copyright or wrong?

It’s not as simple as you might think…

Copyright is a type of intellectual property that promotes creativity, whilst ensuring creators receive payment and recognition for what they contribute to society. No registration is required as copyright applies automatically when content is created. Here are the basics:

An item is in copyright if any of these apply:

  • At least one of its creators* is alive, or it is fewer than 70 years since the year of their death
  • It has been less than 25 years since a specific edition has been published
  • The work is unpublished (this lasts until 2039 at the earliest because of a crazy copyright rule!)

Copyrighted items cannot be:

  • Copied
  • Adapted e.g. an arrangement
  • Distributed
  • Lent or rented to the public
  • Performed in public
  • Broadcasted to the public

…without permission or the relevant license.

A license or permission from the copyright owner is needed in order to do any of these things. So owning sheet music only entitles you to practice or perform at home or in private.

More information can be found here:

ucl copyright advice

Illegal copying/ use can result in litigation!

If you are a student or staff member at the RNCM, you are fortunate to have a library which holds licenses that allow copying of certain items still in copyright…

I want to copy sheet music, but it is in copyright…

Use the Higher Education Printed Music License (HEPML)

  • Most music can be copied in its entirety, but no more than 10% musical anthology or workbook
  • Copies can be digital or physical
  • Digital copies must only be used on an RNCM network e.g. Moodle, Microsoft Outlook
  • Music must be library owned- you cannot copy or arrange music owned by you or your teacher!
  • Arrangements can be made for teaching purposes including assessments
  • NOT for private use – this is for your studies (credit-bearing activities) only!
  • Copies MUST be labelled with “Copy made on (date) only for use in connection with (name of course) under the Trial HEPML held by the Royal Northern College of Music”
  • All copies and arrangements must be reported via this form: https://www.pmll.org.uk/hepml/

What if the library doesn’t own the music I want to copy?

I want to perform some music, but it is in copyright…

  • An up to date license must be held by the venue at which the performance is to take place
  • The license can either be obtained from the copyright holder(s), or, more commonly, from PRS for Music (UK only)
  • Buskers will need to contact the relevant local authority to check they hold a public performance license, and whether a busking permit is required
  • If you use recordings of copyrighted music this requires a separate license through CMO Phonographic Performance Limited
  • Folk music, or any music that has been passed on by ear and not written down or recorded, does not require a license
  • Reporting items you have performed to PRS for Music ensures creators get paid for the use of their work

I want to photocopy a book, but it is in copyright…

Use the Copyright Licensing Agency (CLA) Higher Education License

  • Applies to books, journals and magazines as well as digital publications
  • Qualifying items can be checked at cla.co.uk
  • Items must be RNCM library owned, or a subscription held
  • No more than 10% of a book OR 1 chapter OR one item (e.g. one article in a journal) may be copied
  • Copies must be reported once per year, so if you use the same item within a year there is no need to report it twice!
    • Reports can be made to us at the library
  • A copyright notice must accompany any copied material, and this can be obtained from the library
  • Those with accessibility needs can copy whole works and make necessary changes for accessibility purposes
  • Copies made under the terms of the license may be retained for personal use after completion of the relevant course

The reporting procedure ensures that creators receive the payment and recognition they deserve – something that we, as musicians, can relate to! Support your creative colleagues 🙂

Composers who are now out of copyright

Copyright laws in the UK are very complicated, especially with regards to music. The law states that works are in copyright until the 31st December 70 years after the date of death of the composer, editor or any other contributor.

Below is a list of composers who died in 1943 and therefore their works became out of copyright on 31st Dec 2013. Of course, this doesn’t take account of any other contributors and if the piece was published under 25 years ago it is still under copyright with the publisher.

For more information about copyright please see our copyright guide on Moodle or pick up a copy in the Library.

Composers who died in 1943

Adolf Sandberger, 78

Giacomo Benvenuti, 57

Otakar Sini, 61

William Victor Harris, 73

Armand J. Piron, 54

Vicente Ripolles, 75

Joseph Moiseyevich Schillinger, 47

Sergei Vasilievitch Rachmaninov, 69

Raoul Laparra, 66

Geoffrey Turton Shaw, 63

Raffaele Casimiro Casimiri,  62

Gustave Doret, 76

Joseph Achron, 56

Karl Adrian Wohlfart, 68

Leslie Heward, 45

Albert Stoessel 48

Hermann Hans Wetzler, 72

Arthur Finlay Nevin, 72

Benjamin James Dale, 58

Georges Martin Witkowski, 76

Johann P Zilcher, 88

Robert Nathaniel Dett, 60

Waclaw Gieburowski, 65

Bela Reinitz, 64

Josef Venantius von Woss, 80

Paul Charles Rene Landormy, 74

Pietro Alessandro Yon, 57

Hermann Lohr, 72

Raymond Huntington Woodman, 82

Thomas W “Fats” Waller, 39

Leopold (Leo) Smit , 42