Copyright and Sound Recordings

What copyright exists in sound recordings and how long does it last?
What copying is permissible by law?
What can I do if I want to copy beyond the allowances of the law?
As a member of City what resources can I use which will give me access to sound recordings in digital form?

What copyright exists in sound recordings and how long does it last?

Because sound recordings may comprise various elements, there are three types of copyright which may apply:

1. Music - Copyright for a musical work expires after seventy years from the end of the calendar year in which the composer died
2. Words - For spoken word recordings or where a piece of recorded music has accompanying lyrics or text, this text is copyrighted until after seventy years from the end of the calendar year in which the author died
3. Recording - Copyright for a recording expires after fifty years from the end of the calendar year in which it was released.

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What copying is permissible by law?

UK legislation (The Copyright, Designs and Patents Act 1988) has some allowances for the copying and use of sound recordings, for example:

1. It is permissible to copy all or a substantial part of a recording for the purpose of criticism or review, providing that due acknowledgement is given: Section 30(1)
2. It is permissible to use copies made from recordings as part of an examination or as part of other work submitted for the purpose of examination. Such copies should be destroyed once the examination has taken place. This allowance does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work: Section 32(3).
3. "Non-reprographic" copying is permissible, provided that the copying:

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What can I do if I want to copy beyond the allowances of the law?

In order to be allowed to copy recordings that are still in copyright, you must:

1. have explicit permission from the rights holders, or
2. hold a licence to copy the material, or
3. be permitted to do so by legislation, as in the examples above.

It is normally necessary to seek permissions in order to be allowed to use commercially-produced recorded music. Permission has to be sought from three parties: composer, music publisher and record company. Consequently, obtaining the necessary licences can be a bureaucratic and expensive process.

The following organisations can offer some help:

• The MCPS (Mechanical Copyright Protection Society) is the main collecting society acting on behalf of the music publisher and composer
• The PRS (Performing Rights Society) is entrusted by composers to authorise the broadcasting of their works, including via cable and digital media
• PPL (Phonographic Performance Ltd) deals with sound recording rights on behalf of record labels

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As a member of City what resources can I use which will give me access to sound recordings in digital form?

City University London has subscriptions to the following resources:

• British Library Sounds Collection - covers the entire range of recorded sound: music, drama and literature, oral history, wildlife and environmental sounds
• JISC Media Hub is a collection of film, video and sound material. Includes access to British Paramount News, Channel 4 and 5 News, Gaumont British News and Graphic Newsreel, Programmes as Broadcast (PAB), Reporting 66-67, Reuters News, Roving Report and Visnews as well as a range of ITN material including: Clip Reel, Collections, News, Non-released, Open-ender, Reports and Rushes. Click on link for City University, London (IT log-in) and enter your IT username and password
• Naxos Music Library - the world's largest Classical music listening service, also includes Jazz, world and folk music, Chinese music and limited contemporary collection.

For further information, contact Peter Williams, Library Services, Telephone: +44 (0)20 7040 5650

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