Sound Recording

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A sound recording is a copyright-protected work that results from the fixation of a series of musical, spoken, or other sounds in a recording medium. It is legally separate from the underlying musical work, so the recording and the composition can have different owners, different rights, and different licensing rules.

Quick facts:
Also called: master recording, recorded track, phonogram in some legal frameworks
Applies to: songs, instrumentals, podcasts, voice recordings, and other audio-only recordings
Used for: identifying rights in the actual recorded performance and fixed audio file
Not the same as: the musical composition, lyrics, or sounds that accompany an audiovisual work.

Example:
A songwriter writes a song and a band records it in a studio. The song itself is the musical work, while that specific studio version is the sound recording, which means someone may need one set of rights for the composition and another for the recording.

Gotchas:

  • A sound recording is not the same as the song itself. The composition and the recording are separate works.
  • The right does not cover audiovisual soundtracks in the same way. The U.S. Copyright Office says sound recordings do not include sounds accompanying a motion picture or other audiovisual work.
  • Public performance rules can differ. The U.S. Copyright Office notes that there is no general public display right for sound recordings and that the public performance right is limited in the United States to digital audio transmissions.
  • International terminology can shift. In many treaty and EU contexts, the term “phonogram” is used instead of “sound recording.”
  • A newer recording of a public-domain composition can still be protected as its own sound recording. That follows from the separate-work distinction, even when the composition is no longer protected.

FAQs

No. They are separate works: the musical work is the composition, and the sound recording is the particular recorded performance or fixed audio.

It depends on the contract and the creation context, but the author can be the performer, the producer who fixes the sounds, or both.

No. Sound recordings can also include spoken-word recordings such as lectures or podcasts.

Yes. They are separate works, so one may be protected while the other has a different owner, term, or licensing status.

There is international protection for performers and producers of phonograms through treaties such as the Rome Convention and the WIPO Performances and Phonograms Treaty, but the exact scope still depends on national law.

Related terms

Musical Work • Master Rights • Performance Rights • Copyright • Public Domain • Sync License