Is classical music copyrighted?

Can Classical Music Be Copyrighted

Copyright protection and classical music is a widely searched topic. You may be wondering what copyright protection does, well, it covers original literary, dramatic, musical, and artistic works of authorship. This is during the lifetime of the author, the remainder of the calendar year in which the author dies, plus 70 additional years (the Canadian copyright lifespan recently increased from 50 to 70 years in June of 2022). Once this term expires, the work becomes public domain.

Millions of original musical works, including classical music, are in the public domain. The works of classical composers like Mozart, Wagner, Beethoven, and Vivaldi are included in this. These classical music compositions can be freely reproduced, disseminated, modified, and performed in public without obtaining consent or paying a price — they are public domain works.

However, how many publishing corporations are claiming copyright ownership in these classical music works if Beethoven’s 5th Symphony is in the public domain? Beethoven has been gone for more than 70 years, after all. They must be royalty-free music, right?

Don’t immediately assume that a piece of classical music is in the public domain. Understanding Canadian copyright law and the distinctions between musical works and sound recordings is crucial for making appropriate use of classical music in the public domain.

Copyright Protection & Classical Music – Past, Present, Future

Can Classical Music Be Copyrighted

Before the invention of audio recording technology, in the late 19th century, copyright protection for musical works was all that was required to safeguard a composer’s intellectual property rights. But as audio recording technology developed, a second type of music copyright—often referred to as “sound recording rights”—was developed to safeguard recorded performances.

The Copyright Act of Canada states that a sound recording is “a recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work, but excludes any soundtrack of a cinematographic work if it is used in conjunction with the cinematographic work.” In contrast to a music copyright, a sound recording copyright guards the manner in which a piece of music is played and recorded. Additionally, the duration of protection is reduced to 70 years from the date of the sound recording’s initial release.

Copyright Intricacies

Copyright laws would shield any audio recording of Beethoven’s Fifth Symphony, regardless matter whether it was created in a studio or at home by a musician or composer. There will only ever be one copyright for the underlying composition, regardless matter how many different copies of a sound recording exist. Therefore, when you listen to Beethoven’s Fifth Symphony on the radio, you are also listening to the performer’s arrangement of that music, which is likewise copyright protected and cannot be utilized without the creator of the sound recording’s consent (s).

What About Copyright in Films

In related content, when a film producer wishes to use particular songs in a film project, they will need master use recording rights to use a specific pre-existing recording and synchronization rights from the song’s writer(s). The film producer may think about re-recording their own version of the song if the master use rights are too expensive, especially if the recording includes the song’s author. This would save money instead of purchasing an expensive master use license. But the extra money needed to re-record a song can offset the money saved by skipping the master use fees.

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