Copyright for Mechanical License

What is Copyright?

Copyright is an exclusive right given to the creator for his/her work which symbolizes that the work is unique and cannot strictly be copied or replicated by anyone. The creative work for which you want to get copyright may be in a literary, digital performance, cine field, artistic, educational, music or in any other creative form. If you protect your creative work with a copyright, then no person can legally copy, imitate, replicate, or reproduce your original work in any other possible way.

What is the purpose of copyright?

A Copyright is used by one to protect the original expression of an idea in the form of creative work, but not the idea itself. It does not save the system, facts, ideas or operation methods, although it may protect the way how these things or emotions are expressed. Copyrights can also be given by public law and are in that case called "territorial rights". This means that you cannot extend your copyright license which is granted by the law of a certain state, or beyond the territory of that specific jurisdiction. Copyrights of this type vary from country to country. Indeed, the public law states that the duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction of the state. Copyright can be considered for the following creatives:

• Music
• Drama
• Manuscripts
• Digital forms
• Books
• Films
• Paintings
• Performances
• Fashion Designs
• Sound recording
• Software
• Literary Work
• Mechanical licensing
• Training Manuals, etc

What is a mechanical license?

Starting from the 1920s, a mechanical license has been an agreement between a music user and the owner of a copyrighted composition (song), that allows releasing the song in audio-only format i.e, in CDs, interactive audio channels, hard disks and so on. Mechanical licensing is the amount paid to a music publishing company about the ownership of the particular audio.

Benefits of copyrighting for Mechanical License

• Copyright helps for legal protection and legal evidence of your work which you can submit anywhere, anytime, if necessary.
• It makes you and your work stand out in public among others.
• Getting a copyright for a mechanical license will save you from monetary loss.
• Mechanical licensing helps in protecting your reputation and status since you own the idea.
• The public will notice your work, if it is something unique, and attracts a lot of attention.
• A unique approach helps in generating high revenue.

Checklist for types of licenses

We all think that a song has two components. A mechanical license will be used to protect cover songs. One is the composer and another one is the original recorder. Often the composers and artists are the same, but not always. There are two types of licenses to protect these creations. They are a mechanical license and a master’s license.

Mechanical License:

If we use original songs of famous singers in audio or video format, we need a mechanical license or synchronize license, and we have to pay the composer.

Master License:

In master, the license is used for recording artists to protect the original recording. Hence, we will need to pay the artists.

How long will it take to acquire a Mechanical License?

Through the cover song licensing service, we can get permission from the copyright owner of the song, in one or two business days.

Required Documents

• 2 copies of work (Graphical Notes)
• DD/IPO of Rs. (as applicable) per work
• NOC from the author if the applicant is other than the author.
• If the application has been filed through an attorney, using a specific Power of Attorney duly signed by the applicant and accepted by the attorney

How does a mechanical license work?

A recording company cannot release a copyright material without having the proper work. A songwriter publishing company must agree to have a label distributed in his or her music. This is done only through a mechanical license issued to record labels. The mechanical license for the cover song is being used worldwide by all the upcoming musicians. The mechanical license company permits the recording company to use copyright or non-dramatic music in making CDs or records for the public event. All the musical companies are paid by publishers then they distribute the amount to the songwriters as defined by the music contract.

Need for copyright Mechanical license

A compulsory Mechanical License is required when releasing a song that was written by another person in an audio format (even if it is a small portion of the song) then we need a mechanical license. A Mechanical Licence is commonly used for releasing the copyrighted song in public, CD format or playing the song for the band. Even if a small portion of the song is used for any event, we need a Mechanical License. If we are creating the same song in a slideshow or video we need a synchronized license. We use a mechanical license for audio and Synchronize Licence for video. The Mechanical License cost will depend upon the owner of the copyrighted composition.

First Release Mechanical Rights

The owner of the copyright -protected musical composition has the exclusive mechanical rights to decide who will be licensed for the first phone record. And the publisher does not have to issue a mechanical license as the copyright law will give him/her the right to grant the license.

When Is A Mechanical License Important?

The Mechanical license or the master license which is issued by the music company should be kept safe after recording and before releasing it. Even after releasing the song, it’s safer to keep it with us. Reputable manufacturers require proof for a license before they release your song. Reputable online service requires proof for a license to distribute your song.

Statutory Rate

The license is contingent upon the payment of license fees at the statutory rate. The statutory rate is 9.1 cents for 5 minutes of the song or 1.75 cents per minute or more than a 5-minute song.

¾’Th Of The Royalty Rate

If the writer is also recording the artists' work and if the record is sold by some clubs, then the record label obtains a reduction in the mechanical royalty rate. Most probably the artist or the publisher would be paid a ¾’th of the rate, or 75% of the statutory rate. Accepting the rate less than the statutory rate is left to their choice, and the recording company gets ¾’th of the rate and that is non-negotiable.

Why should one get their work registered under copyright law?

It is not mandatory to get copyright protection but it is always safe to get one. If you deny getting one, then your work might be easily copied or forged by someone else. And remember that the one to get the copyright protection first will be valued and accepted. By getting a copyright license, you will be able to celebrate the ownership of your work for a minimum period. This tends to be a motivational factor for the owner to present more works of his/her ideas and themes. Hence, a person should protect his/her hard work by registering for a copyright license.

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