Who owns this exclusive legal right to make copies?

The original creator(s), or assigned agents such as publishers.

Why can't I copy anything I want?

It's against the law to make unauthorized copies of copyrighted materials. It's something like dollar bills and postage stamps. You are not permitted to make your own.

Who made this Copyright Law?

When the Founding Fathers wrote the U. S. Constitution, they empowered Congress to grant copyrights and patents to authors and inventors, for limited times, and Congress passed the necessary legislation.

What was the idea?

The Founding Fathers believed that a nation should stimulate and encourage its most creative people in order to promote the general welfare of all the people. The idea was to make the work of creative minds and hands directly profitable to the creators, by granting them an exclusive property right for limiited times.

Do other countries have copyright laws?

Today, yes, including socialist and communist countries. All the world now seems to recognize the need to give incentive to creative thinkers.

What's this business about "limited times"?

Copyrights and patents "run out" after a period of time. After the term expires, the intellectual property goes into the Public Domain, and becomes the property of all the people: anyone can then legally make copies. See what the Founding Fathers had in mind? It builds like a pyramid.

How can I tell if a piece of music is copyrighted?

By law, to be protected, a published piece of copyrighted music must carry a notice near the beginning that includes: 1) the word "Copyright," or the symbol © 2) the year the copyright was registered with the Library of Congress; 3) the name of the proprietor of the copyright.

How long does the copyright term run?

It varies. Works Originally Created On or After January 1, 1978 are governed by statutory section 17 USC 302. According to this section, a work that is created (fixed in tangible form for the first time) on or after January 1, 1978 is ordinarily given a term enduring for the author's life, plus an additional 70 years after the author's death. In the case of "a joint work" prepared by two or more authors that was not a "work made for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
If a work was published between 1923 to 1963, the copyright owner was required to have applied for a renewal term with the Copyright office. If they did not, the copyright expired and the work entered into the public domain. If they did apply for renewal, these works will have a 95 year copyright term and hence will enter into the public domain no sooner that 2018 (95 years from 1923). If the work was published between 1964 to 1977, there is no need to file for a renewal, and these works will automatically have a 95 year term.

For the latest information go to the Library of Congress.

Is arranging considered to be copying?

Yes. You must ask for and receive permission from the copyright owner before you are allowed to arrange a copyrighted piece of music.

What about the words only of a copyrighted song?

If they are original lyrics, they are protected by the copyright, and they may not be copied without permission. This included "song sheets." Texts from the Bible, Shakespeare, or dated pre-1935 are, of course, in the Public Domain and OK.

Are there any "teeth" in the Copyright Law? Need I fear the "copyright police?"

Yes. Under the present Copyright Law, people found guilty of violating the law are subject to fines and jail sentences. The law has been tested, and fines and jail sentences have been imposed by the courts.

Does the Copyright Law apply in non-profit situations?

Yes. Schools and Churches do not live outside the law.

What if I'm faced with a special situation?

If you want to include copyrighted lyrics in a song sheet . . . or arrange a copyrighted popular song for example for four baritones and kazoo . . . or make any special use of copyrighted music which the publisher cannot supply in regular published form, the magic work is: ASK. You may or may not receive permission, but when you use someone else's property - intellectual or otherwise - you must have the property owner's permission.

What if there's not time to ask?

Again, think of copyrighted music as a piece of property, and you'll be on the right track. Plan ahead.

What about photocopies that might now be in our performance or reference library?

If the music is in its active copyright term, destroy the unauthorized photocopies immediately, and replace them with authorized legal editions. In effect, any illegal copies would put you in the position of harboring stolen goods.

What about the photocopiers who don't "get caught"?

They are forcing the price of legal editions up. They are enriching the manufacturers of copying machines at the expense of composers, authors, and publishers. They are risking embarrassment, at the least, from professional colleagues who understand the law; and they are risking fines and jail if they are taken to court. Frankly, we cannot imagine what kind of school, church or professional musician would derive satisfaction from being a successful thief.

What about people who don't know about copyright?

Share this info. Print this article with our permission and spread the word.

10 Copyright Myths
Interesting information some of which is not covered in the article above. Brad Templeton explains these myths and misunderstandings using modern references.
Also, don't miss his link to "Copyright law recently amended by the Digital Millennium Copyright Act" which changed net copyright in many ways.

What is Fair Use? This is a great site for understanding information from what "can be" quite complicated reading from the Library of Congress.