Music on hold (copyright)

When selecting sources of music on hold, copyright issues need to be considered.

Copyright Law

In the US, and where copyright laws are practiced in other foreign countries, authors is granted copyright protection on their musical compositions. Such copyright protection has existed since just after the turn of the 20th century and most music written prior to 1900-1910 - from impressionism back to baroque and antiquity are said to be "in the public domain." Use of any said music prior to the creation of these copyright laws may be presumed to be free for use by all - although individual titles may have been later copyrighted through a change in the composition or arrangement. The use of copyrighted music is not for free use in the public domain.

All music written after this period, which is copyrighted under multiple acts of congress, are owned by the author(s) or their assignees. The use of this music is protected and controlled in order that the owner may derive usage income. Specific to telephonic MOH (music-on-hold), the US laws currently protect the copyright owners from unlawful, unpermitted use of their music titles in over-the-phone broadcast. Any person or business wishing to use current, popular, post 1900-1910, copyrighted music for MOH purposes may only lawfully do so by obtaining permission from the owner. Currently, performance rights societies such as ASCAP, BMI and SESAC will sell blanket permission to use music titles in their catalog for MOH purposes -- for an express annual fee - calculated by size and frequency of usage. Failure to obtain this paid permission is a violation of US copyright laws.

This same copyright protection is also true in the rebroadcast of any radio program. As mentioned earlier, the broadcaster has been assigned a narrow and specific usage license to air copyrighted song titles. This does not include permission to any person or business to re-broadcast that program on telephonic MOH. The broadcaster may not promote such unlawful use and is not an owner who has any lawful right to grant MOH usage permission. They do not hold the ownership of the title and have no right to license use in any way. Those who plug radio broadcast into their telephone MOH without first obtaining paid permission through the owner's agents (ASCAP, BMI or SESAC) are stealing unlawful use and may be prosecuted under existing federal laws.

Unbeknownst to most people, a second copyright exists when it comes to licensing use for telephonic MOH. A piece of music, as mentioned above, is copyrighted and may be licensed for use as a music title and is understood to be a combination of melody, harmony and, where applicable, lyrics. However, neither radio listeners nor MOH listeners could hear this music unless it was recorded - providing a delivery medium whereby the "music" becomes a "performance." As mentioned elsewhere, in countries such as the US, where said copyright laws are enforced, nearly every recording of a song title holds its own "mechanical copyright."

For most of the 20th century, music was recorded in studios, produced by record company executives, producers, arrangers and engineers who were hired to deliver the artist's finished recordings for mastering and duplication - for sale on the varied media: 78, 45 and 33 RPM vinyl, reel-to-reel, 8-track tape, cassette and compact disk. To protect their investment, the record company's (or their production replacement in the 21st century) obtain a mechanical copyright in order to protect and control the recording with which they derive usage and sales income. (For those still uncertain of the difference between "song title" and "mechanical" copyrights, consider the Capitol Records lawsuit for copyright infringement against Nike some 20 years ago. Nike legally obtained permission to use the Beatles song title "Revolution" from the title's owner, Michael Jackson. They used the Capitol Records owned recording of the Beatles' performance, but failed to obtain and pay for permission and use. Capitol Records sued and prevailed because Nike ONLY had a license to use the title and did not have a license to use the mechanical recording.)

Therefore, persons or businesses wishing to play music that falls "in the public domain" are still legally required to obtain permission to use the mechanical recording of this music, from the mechanical copyright holder. And where the use is of copyrighted music, the same applies. In all cases, before a song title may be broadcast on a telephone MOH, said use must be approved and licensed from BOTH the "song title" copyright owner (if it is NOT in public domain) and the "mechanical" copyright owner. "'

It is generally known within the on-hold industry that some performance rights societies, with regional offices and staff, both monitor and prosecute persons and businesses that infringe on the copyright of title holders in their libraries. ASCAP and BMI are both aggressive about this, from time to time. It is not known whether any record companies are currently or actively monitoring and prosecuting violators of their mechanical license. Be advised that their current disinterest or inactivity regarding protection of their rights should not be misunderstood as permission to infringe on their mechanical copyrights.

External links

* [http://www.onholdnetwork.com/onhold/about/legalities.aspx Staying Legal - About Copyrights, Royalties, and Licensing]

* [http://www.musiconhold.com/musiconhold/legal_issues_with_music_on_hold.php http://www.musiconhold.com/musiconhold/legal_issues_with_music_on_hold.php]