Copyright Laws and Their Impact on the Music Industry
How copyright laws shape and challenge the music industry for indie artists.

When Katy Perry released Dark Horse, it was an instant hit with fans. I remember singing along whenever the song would play on the radio. Marcus Gray wasn’t so impressed. The rapper went to court, claiming that Katy Perry copied an 8-note riff from his song, Joyful Noise. He wanted about $2.8 million for what he alleged was a copyright infringement. Marcus won his case, but the verdict was later overturned. According to the judge, that sample was too common to be copyrighted.

There have been many other cases of artists getting sued over copyright issues. It’s important to remember that you are an artist who can be sued if your work is too similar to another artist’s work. Sampling used to be free for all but that changed with the arrival of copyright laws. These copyright laws help to protect the intellectual property of artists.

In this article, I’ll talk about copyright in the music industry. Where did it all begin? What does copyright law entail? What copyright issues do artists face in modern times? What should be the line between protecting artists’ rights and impeding creativity? Join me in the conversation.

Where it all began

The first “modern” copyright law was passed in England in 1710. It was called the Statute of Anne and mainly covered printed work such as literature or maps. It took another hundred years for music to be recognized as intellectual property too. Laws passed in 1831 and 1909 helped to establish music as property that needs protecting, but it was in 1976 that copyright laws really came to the fore.

The 1976 Copyright Act in the US set the foundation for all the copyright laws of today. The act took copyright matters from the state level and created a federal standard. It was a complete do-over. Today, we have laws like the DMCA and the MMA in action, helping to address modern issues that those in 1976 didn’t have. But it all began in 1976.

Copyright Law Impact

Intellectual protection

Theft has always been a clear concept when it comes to physical property. The lines are a bit blurry when it comes to intellectual property. Copyright laws have helped to define and protect intellectual property. In a world where art is so essential, it’s only fair that every creative is assured that their work is safe in their name.

Without that assurance, no one would want to share their art with the world. No matter how passionate we may be, we all crave the recognition and reward that our art deserves. So if one person will work while anyone can take credit and profit from their work, what’s the incentive to work?

Copyright laws have ensured that every artist is sure that their creativity will not be used for another’s profit without due credit.

Indie artists

Unfortunately for indie artists, copyright laws are complex. Navigating what is right and wrong is easy for big labels because they have entire legal departments, but an indie artist has no such guidance. It’s, therefore, easier for an indie artist to fall into the trap of copyright laws.

Big labels also have departments that actively look for breaches of any copyright to report. We see it all the time on YouTube and other social media. It’s much harder for an indie artist to scour the internet hunting for breaches of their rights. So it’s easier to break the rules and harder to claim any rights.

Extra revenue

It’s not illegal to use another artist’s work, but you have to pay for it. This opens up a new stream of income for artists. It’s called licensing. The more popular your music, the more you get paid. Every now and then, we see a song from an unpopular artist go viral on TikTok or Instagram where people use it for their short videos. The artist, although unknown, is making money from any use of their song.

It opens up a great way for artists to continue earning from their music aside from royalties which many artists complain are too low.

Modern Copyright Issues

Digital Piracy

The arrival of the internet has made it easier for indie artists to get their music out to bigger audiences from around the world. With every advantage, however, there is a corresponding disadvantage. The wider your music spreads, the better. At the same time, it’s easier for people to use your music without permission.

I already spoke about this before. Post a copyrighted video from a big company and it’ll get taken down or flagged within hours at most. They have teams dedicated to fishing out any ill use of their property. As an indie artist, you don’t have that kind of manpower. It’s much harder for you to protect your digital privacy.

Fair Use

The main loophole in copyright infringement is the concept of fair use. It’s the only excuse for using copyrighted music without permission. It basically means that some works of art are so valuable that they have to be used for research or education purposes. Other uses include news reporting, criticism, and even parodies. As you can already tell, it’s a dicey subject.

Drawing the line between educational and commercial purpose can be tricky sometimes. If the use is deemed commercial, you’ll have to pay the owner. If your use is deemed to be educational, it falls under fair use. Deciding which is which can result in years of legal battles.

Wrap Up

Copyright laws have changed how music works. You can’t just take music belonging to another artist and use it for your gain without their permission. The main advantages of copyright laws are that your intellectual work is protected, you get paid for licensing, and you get credit for your work. On the flip side, claiming those rights can be an issue due to a sheer lack of manpower.

That said, understanding copyright laws is not optional for you. As an indie artist, you must know how to avoid legal trouble and how to profit from your work. I’m not saying you should go to law school, but educate yourself on the basics. That knowledge will save you.