Podcasting Legal Guide For Canada

(See discussion about the legal terms on which you can distribute your podcast in Section 4 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700320034000000 of this Guide – “Legal Issues Surrounding How You Distribute Your Podcast 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700310039000000 ”).

3.7       Using Music

Using music in your podcast opens up many specific copyright issues that we will address in this section.

If the music you use is created by someone else and does not fall within one of the 5 types of content for which you don’t need permission (see Section 3.2 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700350039000000 – “The Good News: 5 Instances Where Permission Is Not Required 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700360036000000 ”), then these rules will apply to your use of that music.

If you write and/or record all of the music you wish to use in your podcast, then you should consider the issues outlined in Section 3.4 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700390037000000 of this Guide (“Using Your Own Written Content 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003700390034000000 ”) to make sure you own the rights to your music.

If you do, you should be able to include it in your podcast without having to traverse the issues laid out in this section. 3.7.1      Layers of Copyright in Music<span style="mso-bookmark: _Toc170033712"> Copyright law in Canada is complex.

It consists of several layers of rights for several owners of copyright in a work. There are three copyrightable aspects to a song: the musical composition, the performance, and the sound recording.

A copyright in a musical composition encompasses a song’s music and lyrics. It can be helpful to think of this work as what would appear in a sheet music arrangement of the song (the notes, score, markings, etc.). Copyright protects compositions from the moment a songwriter fixes the work in a tangible medium, such as writing the sheet music or by hitting “save” in a software program that creates music.

A copyright in a performance protects the performer’s performance and all the unique aspects of their individual performance of a song. A copyright in the sound recording protects the recording of a musical composition as it was performed and recorded by an artist or group.

Think of this work as what you would actually hear when you play your favourite CD: the singer’s voice, the sound of the musical instruments, and all of the engineering that goes into making the recording.

For each of these aspects of a song, there are two main rights implicated in copyright law as it pertains to music: the reproduction right and the performance right.

The reproduction right involves making copies of a musical work. In contrast, the performance right addresses making music, a performance of music or a recording of music available to the public either though performance or telecommunication.

The term “mechanical” right is often used interchangeably with “reproduction” right and is implicated in much the same way, except that the copies involve manufacturing a new version (like pressing a new CD) as opposed to making a simple copy (like a basic photocopy of sheet music). Since there are three copyrightable aspects to music, there are also at least three main owners of copyright in a song: the songwriter, the performer, and the sound recording maker.

The songwriter refers to any lyricist or composer who worked on the original creation of the song. This could be just one person or it could be a group of people, as in the case of joint authorship.

Songwriters derive their rights from section 3(1) of the Copyright Act, which grants them an exclusive right to produce or reproduce, and to perform the work.

Songwriters often wholly or partially assign their copyright to music publishers. These music publishers often work with collectives to ensure royalties are paid.

The collectives that represent songwriters and music publishers are SODRAC, CMRRA, and SOCAN. Who are the copyright collectives?   SOCAN = Society of Composers, Authors and Music Publishers of Canada www.socan.ca   CMRRA = Canadian Musical Reproduction Rights Agency www.cmrra.ca   SODRAC = Society for Reproduction Rights of Authors, Composers and Publishers in Canada www.sodrac.ca   NRCC = Neighbouring Rights Collective of Canada www.nrdv.ca   AVLA = Audio Video Licensing Agency www.avla.ca   CSI = CMRRA-SODRAC Inc.

  <img width="205" height="435" src="right" hspace="12" alt="Text Box: Who are the copyright collectives?

SOCAN = Society of Composers, Authors and Music Publishers of Canada www.socan.ca

CMRRA = Canadian Musical Reproduction Rights Agency www.cmrra.ca

SODRAC = Society for Reproduction Rights of Authors, Composers and Publishers in Canada www.sodrac.ca

NRCC = Neighbouring Rights Collective of Canada www.nrdv.ca

AVLA = Audio Video Licensing Agency www.avla.ca

CSI = CMRRA-SODRAC Inc." v:shapes="x0000s1026">The performer refers to anyone who contributes to the performance of a musical work, including the singer and all the band members.

Some collectives that represent performers are AVLA and NRCC. Performers derive their rights from section 15(1) of the Copyright Act, which grants them exclusive rights in their performance, including the sole right to communicate to the public, perform or fix any of their performances, as well as to reproduce any fixation of the performance.