This month we talk about a very controversial topic: Music Copyright. Our guest Allis Karim of Smart Law Solicitors gives us some sound advice: 
I often get asked about who owns the copyright to a song where a producer has remixed it or worked on it to change the original version. As a general rule of thumb, the producer will acquire copyright for his/her work on the song. This is usually the default position unless something is expressed to the contrary.
If you want to have exclusive copyright you can ask your producer to assign the copyright over to you. 
Or do you intend the remix to be a 'work for hire'? 
The producer will not retain the copyright where for example:

1. The producer is employed and the producer designs it in the normal course of his employment. The owner would be the employer and the employee (the producer) is doing the job he is paid to do.

2. A specially commissioned work. If the customer is commissioning the work, the copyright would belong to the customer as he is hiring the producer to create the work. For example, if the BBC commissions some music for a theme tune, the copyright belongs not to the author but the BBC. The author was paid to create the work specially for the BBC so it is a work for hire.So, the producer would acquire copyright unless it is a work for hire or he assigns the rights over to you. Clear documents need to be in place to avoid any dispute as to who owns the new work.
The above is in general terms not specific advice but is established law. The advice in this blog should not be relied on for your individual circumstances. If in doubt, please take legal advice, especially if you are going to have a massive hit on your hands!

Allis Karim


Smart Law Solicitors LLP


smartlawfirm.co.uk