ABSTRACT
Copyrights in sound recordings, as distinguished from the song that is recorded, typically belong to the record company, less frequently to the recording artist or producer. Although rights in musical compositions have existed since 1831, rights in recordings have only existed since 1972. The recording rights are much more limited than the rights in compositions, particularly in the area of public performance. Record companies and artists want to expand their public performance right, now restricted to digital performances via the Internet and satellite, to include regular broadcasts. The history in the US suggests that recording copyright owners have been able to gradually expand their rights but face substantial opposition in the areas of home recording and broadcast performance. Two areas of special interest with sound recording copyrights include the protection of “beats” and the sampling of recordings. Widespread use of both has lead to litigation between the owners of recordings and those using the beats or sampling the earlier recordings.
