Copyright Law: Key Terms and Concepts
Audiodrome is a royalty-free music platform designed specifically for content creators who need affordable, high-quality background music for videos, podcasts, social media, and commercial projects. Unlike subscription-only services, Audiodrome offers both free tracks and simple one-time licensing with full commercial rights, including DMCA-safe use on YouTube, Instagram, and TikTok. All music is original, professionally produced, and PRO-free, ensuring zero copyright claims. It’s ideal for YouTubers, freelancers, marketers, and anyone looking for budget-friendly audio that’s safe to monetize.
Definition
Copyright law is a legal framework that gives creators of original works the exclusive right to use, distribute, and profit from their creations for a certain period of time.
The core purpose is to encourage creativity and innovation by giving creators control over how their work is used, while eventually allowing society to benefit when works enter the public domain.
Copyright law originated in the early 18th century with the Statute of Anne (1710) in England, the first law to grant authors exclusive rights to their works. Over time, it evolved internationally through treaties like the Berne Convention (1886) to protect creative works across borders.
Fundamental Copyright Concepts
Copyright law helps protect original creative work by giving its creator legal control over how it’s used. This protection supports artists, writers, and musicians by ensuring they can earn recognition and income from what they make.
To qualify for copyright, a work must meet a few simple conditions. It has to be original, fixed in a form that others can see or hear, and it must show some level of creativity.
Source: copyright.gov – Sample copyright notice as seen in published works
Copyright
Copyright gives the creator exclusive rights to control their work. These rights include copying, distributing, performing, displaying, and adapting the work.
Once a work meets the basic requirements, copyright applies automatically. The creator does not need to register or mark the work with a © symbol in most countries today.
Author
The author is the person or legal entity who creates the work. This can be an individual, a group, or a company, depending on how the work was made.
In situations like employment or commissioned projects, the employer or client may legally count as the author. This is known as a “work made for hire.”
Originality
To be protected by copyright, a work must be original, meaning the creator made it without copying from someone else. It also needs to show at least a small amount of creativity.
Simple facts, ideas, or common phrases don’t qualify as original. But even a short melody, a unique sentence, or a drawing can meet the originality test.
Fixation
A work must be captured in a fixed format, such as writing, recording, or saving on a device. Ideas in someone’s head aren’t protected until they’re written or recorded.
This fixation makes it easier to prove authorship and enforce copyright in court. It also ensures the work can be shared, reproduced, or licensed.
Expression vs. Idea
Copyright only protects how an idea is expressed, not the idea itself. Anyone can write a story about time travel, but each writer must use their own words and style.
This rule allows creativity to thrive without limiting access to shared themes, genres, or topics. The law protects the specific form, not the general concept.
Public Domain
Works in the public domain are not covered by copyright. Anyone can use them freely without asking for permission or paying fees.
A work enters the public domain when its copyright expires, the creator gives up their rights, or the law never granted protection in the first place.
Formalities (Historical Context)
In the past, countries like the U.S. required authors to register their work or include a copyright notice to get protection. These steps were called formalities.
Today, under international treaties like the Berne Convention, copyright protection is automatic once a work is created and fixed. Formalities are now optional in most places.
Types of Works Protected by Copyright
Copyright law covers many different kinds of creative work. As long as the work is original and fixed in a form others can access, it qualifies for protection.
Literary works include not only books, poems, and articles, but also computer software and website code. These are considered written works, no matter the format – digital or print.
Musical works refer to the notes and lyrics of a song, whether they’re written on sheet music or stored in a digital file. This category protects the composition itself, not the performance.
Dramatic works include scripts, stage plays, and screenplays. They cover the written dialogue and actions, even if the work hasn’t been performed yet.
Pictorial, graphic, and sculptural works include drawings, illustrations, paintings, photographs, logos, and 3D sculptures. These works are protected whether they appear in galleries, books, or websites.
Audiovisual works include moving images with or without sound, such as movies, television shows, online videos, and video games. These combine several types of expression into one work.
Sound recordings are protected separately from the musical compositions they capture. This includes studio recordings, podcast episodes, and live performance recordings.
Architectural works include building designs, blueprints, and models. The protection applies to the design of the structure, not its construction or function.
Derivative works are based on existing material but add new expression. Examples include remixes, movie adaptations, translations, and fan edits.
Compilations and collective works combine separate items into one whole. This includes things like databases, curated playlists, encyclopedias, and anthology books.
Rights Granted by Copyright
Copyright gives creators the exclusive right to control how their work is used. These rights allow them to decide who can copy, share, adapt, or perform their work in different ways.
The reproduction right allows the copyright holder to make copies of their work. This includes printing books, duplicating recordings, or saving digital files.
The distribution right gives the creator control over how copies are sold or shared. This applies to both physical formats, like DVDs, and digital downloads.
The public performance right lets the creator authorize live or broadcast performances. This covers concerts, theater shows, radio, and television broadcasts.
The public display right protects visual works shown in public, such as paintings in a gallery or images on a website. The creator has the right to decide when and how the work is displayed.
The derivative works right allows the copyright holder to create or approve adaptations. This includes remixes, movie versions of books, or translations into other languages.
The digital transmission right applies to sound recordings and gives creators control over streaming and digital broadcast platforms like Spotify or YouTube.
Moral Rights (in some jurisdictions)
Countries like France, Germany, Canada, and parts of Europe recognize moral rights. These rights focus on protecting the personal connection between the author and their work.
The right of attribution means the author can insist on being named as the creator. The right of integrity allows the author to object if someone changes the work in a way that harms their reputation.
First Sale Doctrine
This doctrine says that after the first legal sale of a copy, the buyer can resell or give it away without needing permission. This applies to books, CDs, DVDs, and other tangible media.
Term of Copyright
For individual authors, copyright lasts for their lifetime plus 70 years. For corporate or anonymous works, the term can extend from 95 to 120 years, depending on local laws.
Source: copyright.gov – Copyright duration for individuals and organizations under U.S. law
Copyright Ownership & Transfers
Copyright ownership begins with the person or organization that creates the work. However, ownership can be shared, transferred, or licensed depending on how the work was created and any agreements made afterward.
Joint Authorship
When two or more people intentionally work together to create a single work, they are joint authors. Unless they make a different agreement, each author owns an equal share and can use the work, but must share profits with the others.
Work Made for Hire
If someone creates a work as part of their job, the employer, not the individual, is legally considered the author. This also applies to certain freelance or commissioned works, but only if there is a written agreement.
Source: copyright.gov – Official guidlines for ‘work made for hire’ from the U.S. Copyright Office
Assignment
An assignment is when a copyright owner gives full ownership to someone else. This transfer must be done in writing and signed by the person giving up the rights.
Licensing
Licensing allows someone else to use a copyrighted work under certain terms. An exclusive license means only that person can use it in the way agreed, while a non-exclusive license allows multiple people to use the same work.
Creative Commons Licenses
These licenses help creators share their work while setting clear rules. For example, some allow remixing or commercial use, while others require credit or limit changes.
Termination Rights
In countries like the United States, original creators or their heirs can cancel a transfer after a set time, usually 35 years. This gives them a second chance to control their work, even if they gave up rights earlier.
Limitations & Exceptions to Copyright
Copyright law includes specific exceptions that allow certain uses of protected works without needing permission. These limitations help balance the rights of creators with the public’s access to knowledge, education, and culture.
Fair use in the United States and fair dealing in countries like the UK, Canada, and Australia allow limited use of copyrighted works for purposes such as criticism, commentary, news reporting, education, or parody. The use must be reasonable and not harm the market value of the original work.
Source: copyright.gov – The four-factor test used to determine whether a use qualifies as fair use
The first sale doctrine lets people resell, lend, or give away a legally purchased physical copy of a copyrighted work. This applies to items like books, DVDs, or CDs, but not to digital files unless allowed by law.
Libraries and schools have special exceptions that let them copy small portions of works for research, study, or classroom use. These rules ensure that students and researchers can access essential information without violating copyright.
Parody and satire are protected under fair use or free speech laws in many countries. A parody imitates a work to make fun of it, while satire uses a work to comment on broader issues. Both must be original and transformative to qualify.
Compulsory licenses allow certain uses of copyrighted material without direct permission, as long as specific conditions are met. For example, musicians can legally record and release cover versions of songs if they follow the rules and pay set fees.
Copyright Infringement & Enforcement
Copyright infringement happens when someone uses a protected work without the creator’s permission in a way that violates their exclusive rights. This can include copying, sharing, performing, or adapting the work without proper authorization.
Direct Infringement
This occurs when a person directly uses someone else’s copyrighted material without permission. For example, uploading a song, film, or photo without a license clearly breaks copyright law.
Contributory Infringement
Someone who knowingly helps others commit infringement is also responsible. This includes running websites that share pirated files or giving people software to bypass copyright controls.
Vicarious Infringement
When someone gains financially from infringement and has the power to stop it but doesn’t, they can be held liable. An example would be a streaming site that profits from unlicensed movies but ignores takedown notices.
Plagiarism vs. Infringement
Plagiarism is about ethics – using someone else’s work and claiming it as your own. Infringement is a legal issue – it’s about using the work without permission, even if you give credit.
Remedies for Infringement
If someone’s rights are violated, they can take legal action. This may include asking the court to block further use, paying damages, or ordering the destruction of illegal copies.
DMCA (Digital Millennium Copyright Act)
In the U.S., the DMCA lets copyright owners file takedown requests to have infringing content removed from websites. It also protects online platforms from liability if they act quickly when notified.
International Copyright Law
Copyright protection is not limited to one country. International agreements help creators have their rights respected across borders, making it easier to share and protect creative work worldwide.
Berne Convention
The Berne Convention is a treaty that requires countries to recognize and enforce each other’s copyright laws. It also ensures that creators don’t need to register their work in every country to be protected, as long as they meet the basic rules.
Source: wipo.int – Berne Convention, Article 5 – Copyright exists without formal registration.
WIPO (World Intellectual Property Organization)
WIPO is a United Nations agency that helps countries work together on copyright and other intellectual property issues. It manages global copyright treaties and provides tools and training to support fair protection and access.
TRIPS Agreement (WTO)
The TRIPS Agreement is part of the World Trade Organization rules and sets the basic legal standards for copyright protection in member countries. It ensures that countries treat each other fairly and that creators can rely on a minimum level of enforcement.
EU Copyright Directive
The European Union created this directive to make sure copyright laws are similar across all EU countries. It includes rules about online platforms, news sharing, and helping creators earn a fair income in the digital market. The goal is to protect rights while also supporting access to culture and information.
Emerging Issues in Copyright
New technology is raising complex questions for copyright law. One major area is AI-generated content. When an artificial intelligence system creates music, images, or text, it’s not always clear who owns the rights. The person who prompts the AI, the developer of the tool, or no one at all – these questions don’t have simple answers, and current laws don’t always provide guidance.
Another challenge comes from NFTs (non-fungible tokens), which are digital certificates linked to unique files like artwork or music. While NFTs prove ownership of the token, they don’t automatically transfer copyright. This creates confusion about what buyers can legally do with the content they’ve purchased.
Streaming platforms have made entertainment more accessible, but they’ve also made piracy easier and harder to detect. At the same time, orphan works (older content with unknown or unreachable copyright owners) create barriers for people who want to reuse or archive cultural material without risking legal problems.
Audiodrome was created by professionals with deep roots in video marketing, product launches, and music production. After years of dealing with confusing licenses, inconsistent music quality, and copyright issues, we set out to build a platform that creators could actually trust.
Every piece of content we publish is based on real-world experience, industry insights, and a commitment to helping creators make smart, confident decisions about music licensing.