Printed Music Copyright
The material contained in this blog is for general information purposes only and does not constitute legal or other professional advice. You are advised to seek specific legal advice before taking, or refraining from, any action or decision based on the material in this blog.
Understanding copyright law for printed sheet music can be tricky. There are all sorts of different copyrights to navigate when it comes to using music, but information about sheet music and lyrics isn’t always as easy to come by. For amateur choirs, theatres, teachers, students and music services with limited budgets, photocopying might sound like an easy win without further thought as to the consequences.
What You Need to Know Before Photocopying
This blog aims to provide clear information on best practices for legally photocopying music, so you can support your favourite composers and arrangers, and stay compliant with copyright law. Please note that it does not cover other acts restricted by copyright that may be relevant to your situation, including the public performance of musical works.
What is Copyright?
Every piece of sheet music and every set of lyrics is produced by hours of someone’s hard work. The main purpose of copyright law is to reward creators for the creation of these original works by providing them with certain exclusive rights and legal protections.
Copyright allows the composers and songwriters of a musical work to have control over what happens to it. If anyone wants to adapt, perform, copy or distribute a copyright work then they need permission from the copyright owner. This permission will usually come in the form of a licence in return for payment of a fee and/or royalties. This is how most creators will make a living from their work.
There are two main types of copyright work in the music industry: original musical works and sound recordings. A musical work is the musical composition (and in the case of a song, there is the addition of a literary work for the lyrics written to be used with such music). A sound recording is a separate copyright work, being a recorded performance of a musical work. This blog focuses on the copying of musical works in the form of printed sheet music.
Who Owns the Copyright for Sheet Music?
Generally speaking, the creator of a musical work is the first owner of any copyright. If more than one person collaborates to create a musical work, they will have joint ownership. Sometimes copyright owners transfer the control of their copyright works to a music publisher. In this case, the publisher will have control over the copyright but will provide certain services to the creators, such as collection and payment of royalties.
Legal Implications of Photocopying Music
Making copies of sheet music for a choir, theatrical production or similar purpose without permission of the copyright owner is in breach of the exclusive rights provided by copyright law. Those who infringe copyright can face civil legal action as well as criminal offences.
Unauthorised copying of music deprives composers and publishers of the income that they have worked hard for, devaluing their work. When art becomes devalued, creators can find themselves struggling to make a living. This impacts their ability to create more music for us to enjoy. By respecting copyright law, you are supporting a creative ecosystem that benefits everyone.
How to Legally Copy Sheet Music
If you are buying your sheet music and lyrics via publishers directly (or from authorised retailers) and purchasing a copy for each performer, then you are doing just fine, no additional permissions will be necessary. If you don’t want to purchase a copy for each performer, or you are in need of several copies of a specific song within a publication, you might think that photocopying is an easy and cheaper solution, however, in order to do so you would need to seek permission from the copyright owner.
Permission to photocopy music can come directly from the publisher. You simply find the contact information for the relevant publisher and write to them. There may be a wait to get permission, and you may have a back-and-forth negotiation with the publisher in respect of any applicable royalties/fees. It is possible the publisher may decline your offer.
Another method of gaining permission to copy music is to obtain a printed music licence (provided the music you want to copy is covered by said licence).
It should be noted that permission to copy sheet music and lyrics is not covered by any performance licence for the same song. They should always be sought out separately.
Licence Options for Legal Photocopying
A licence is the most common method of obtaining the right to use a copyright work. A licence to photocopy sheet music will allow you to do just that – within the terms of the licence. There may be certain publishers who are or are not included and specific exclusions of certain works. This should always be considered when you are deciding the best way to licence the copying of sheet music.
Printed Music Licensing Limited (PMLL) have agreements with a large number of UK music publishers which allow them to provide a licence to photocopy and arrange sheet music (subject to the terms and conditions of each licence). PMLL is a not-for-profit organisation that distributes monies received from licence fees back to publishers, who pay this on to the writers and composers of the music.
PMLL is the only organisation in the UK that provides licences for the purpose of photocopying copyrighted sheet music, with the exception of Christian Copyright Licencing International (CCLI). CCLI covers worship music, you can find more information on what can be covered by CCLI on their website.
Amateur Group Singing Licence
For groups such as amateur choirs and amateur theatre groups, the ability to easily and legally copy sheet music with the Amateur Group Singing Licence (AGSL) means that your amateur group can learn and sing any genre of music. The AGSL allows amateur group members to make copies of works and permits minor arrangements, like key changes, without the need to reach out to each publisher individually.
Schools Printed Music Licence
If you work in a UK school, chances are you are already covered to photocopy music through a PMLL Schools Printed Music Licence (SPML). You just need to ensure that you’re following the rules laid out by the SPML agreement. If your school is included, you can also find more information on how to record data in our portal via Every Copy Counts.
Music Services Licence
For Music Services, PMLL have created a Music Service Licence available via Music Mark. A Music Service is a Local Authority or not-for-profit organisation providing music tuition and related experiences to children and young people aged 5-18. The service should be in support of the relevant local and/or national strategic aims for music education.
Like the SPML, the Music Service Licence can be used for copying and arranging music for the purpose of group vocal and instrumental teaching over and above the services provided by schools that are licensed under the SPML. This licence is strictly limited to educational and non-commercial activities.
Higher Education Printed Music Licence
Higher Education Institutions can purchase a Higher Education Printed Music Licence (HEMPL) from PMLL. The HEMPL allows both staff and students to copy and arrange sheet music as part of their courses.
How Does a Licence Work?
Each licence works in a similar way. Organisations using the Music Service Licence, HEMPL and SPML have their own pricing structures, while the AGSL is a licence that is bespoke to the groups’ needs. An original purchased copy of the music must be obtained to copy from in all cases.
For all licences, it is essential to report exactly what works are being copied. This is so that payment from the purchase of the licence can be distributed to the correct publishers and writers.
The Benefits of a Licence
When you buy a licence to copy music, you have peace of mind that you are operating lawfully and ethically, supporting creators and helping sustain the music industry. The ability to copy music legally with a licence is also a cost-effective option for the sectors mentioned above with limited funding that allows everyone to continue to enjoy music.
Furthermore, PMLL licences simplify the process of getting permission to copy. A licence covers a large catalogue of repertoire from a range of UK publishers. Thus, reducing the admin of asking permissions from individual publishers and having to wait for an agreement to be made.
Misconceptions
The term ‘fair use’ often gets brought up when discussing the use of copyright works. In the UK the legal term is ‘fair dealing’ which is used in connection with some very specific exceptions where the use of copyright works are permitted by law without permission from the copyright owner. Unfortunately, these exceptions are often misunderstood and interpreted as having a much broader application than they actually do, resulting in copyright infringement.
“Copying a few songs is just a drop in the ocean – it’s not going to harm anyone”
“Everyone does it, it doesn’t matter”
These two phrases often get thrown around to justify the illegal practice of copying music without permission. With many people making copies without payment, creators’ work slowly gets demonetized – this affects their livelihoods and ability to continue to create music, harming the future of the music industry.
Best Practices for Sheet Music Copyright Compliance
- Keep informed of copyright laws to remain compliant and ensure all copies are legal.
- If you can buy individual authorised copies of music for each performer, you should do so – it is the simplest way to support the musical arts ethically.
- Consider the legal implications, whether it be photocopying, writing down copies of music or lyrics, or taking photos of music to send around to other devices. Do you have a licence? Do you have permission?
- If you are opting to seek permission individually, plan ahead and give yourself plenty of time to find right the right contact to email and wait for a response. It may not be as easy as a ‘yes’ or a ‘no’. Publishers will usually still ask for a fee to allow for copies to be made so as not to lose out on earnings and royalties – any back and forth may take a little bit longer than you expect.
- If you are part of a group or organisation, check if they are making use of a printed music licence or scheme and discuss with them whether you are able to make a copy, or if they are able to make the copy for you.
- If you are making a copy of music and your group or organisation has a licence, ensure you follow the licence terms and whatever guidelines are in place internally as licences will cover a specific amount of copies and works.
- Always accurately record what you are copying via the PMLL portal so that the right people can be paid for their work.
- Keep track of your licenced copies. It’s also wise to keep licenced copies together in a folder and keep track of when they were initially licenced. Most PMLL licences only last 12 month. Copies made under a licence should be re-licenced or destroyed once the 12-month period is over. In the case of the AGSL, choirs and performers can use their copies for an additional 12 months if they have renewed their licence for the next year.
- Encourage, and where appropriate educate, your colleagues, students, ensemble or group members to be copyright compliant.
Supporting the Future of Music Creation
Understanding and respecting copyright laws for sheet music and lyrics is essential for supporting the creative contributions of composers and publishers. By following best practices and obtaining proper licences, you can ensure you are enjoying music ethically. Stay informed, seek permissions, and remember to be accurate when reporting copies to maintain compliance.
Additional Resources
https://www.gov.uk/government/publications/copyright-notice-printed-music
