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This is an interesting asset for many artists, but only very few people stop to think about what happens to it after they pass away. Under the Copyright Designs and Patents Act 1988, copyright in music does not just disappear at death. Interestingly, it can last for up to 70 years beyond it. This article explores who inherits music, how long it lasts and what happens after an artist dies without a will and why gaining the right legal advice could protect your legacy for generations to come.
What is copyright and how can it protect your music?
Copyright is a form of intellectual property which certainly protects the original creative works and prevents music and lyrics from being used without the creators’ permission. There are normally two aspects of music copyright: the musical composition. It tends to cover the underlying lyrics, melody, chord progressions and sheet music. It is usually owned by the songwriter or the composer. The sound recording, which is the master. It covers the specific and recorded audio of the song. It is usually owned by the performing artist or the record label which financed the recording.
Copyright law gives the owner the exclusive right to authorise or prevent others from doing the following: copying and distributing works, including making physical or digital copies and releasing them to the public. Public performance: playing music live on the radio or in public spaces. Communication to the public, which is streaming the track or broadcasting it on ITV. Finally, adaptation: modifying the work, such as sampling it or creating a cover version.
Furthermore, copyright protection is not permanent. Generally, in the UK, Europe and the US, copyright tends to last for up to 70 years after the death of the creator. When this period terminates, the work falls into the public domain and can be used freely by anyone.
Anyone who wants to use their music must obtain a licence, which is a legal agreement that gives permission to use the work and is usually for a fee. Common examples are a mechanical licence, so needing to record or release your own version of an existing song; a sync licence, needed to use music in a film, TV show or a video game; and a public performance licence, which can be managed by a collection of societies to enable venues or broadcasts to play music legally.
How Long Does Copyright Last After Death?
Many artists are surprised to learn that their music can be protected for decades after their death. Under the Copyright Designs and Patents Act 1988, the duration of protection depends on the type of work created.
Copyright protection normally tends to start as soon as a work is created. Once the copyright has expired, anyone can use or copy your work. Written, dramatic, musical and artistic work lasts up to 70 years after the author’s death. Sound and music recording lasts up to 70 years from when it is first published. Films tend to take about 70 years after the death of the director, screenplay author and composer. Broadcasts take up to 50 years from when it first broadcast. Layout of published editions of written, dramatic or musical works tend to take 25 years from when it is first published. For musicians today, this suggests that a song written today could still be generating royalties for their family well into the next century.
Who inherits the music after death?
When a musician dies, their music copyright is treated like any other asset in their estate. If an artist leaves a will, their music passes directly to whoever they chose, giving them full control over their legacy even after death. If an artist therefore dies without a will, it is known legally as dying intestate, and the law decides who inherits under the intestacy rules in the Administration of Estates Act 1925 and passes on first to a spouse, then children.
A famous example is Amy Winehouse, who died intestate in 2011, causing her entire estate to be inherited by her parents under UK intestacy rules. However, Michael Jackson, who is widely recognised as the highest-earning deceased celebrity, has left a will and his estate has made billions since, famously selling half of his catalogue publishing and name rights to Sony Music.
What happens if there is no will?
In cases where no living relatives can be found, the estate passes to the Crown under a legal principle known as bona vacantia. For musicians, this could suggest a valuable music catalogue passing entirely out of the family’s hands.
In the UK, strict laws dictate who inherits and who has the right to administer the estate, which are married or civil partners, children or any grandchildren, other relatives or unmarried partners. A notable example is Bob Marley, who died intestate in 1981, leading to decades of legal disputes over his multi-million-dollar estate.
How can Lawdit help?
Lawdit solicitors provide practical and compassionate legal advice throughout the entire process.
Whether you are an artist looking to protect your music catalogue through a will or a family member dealing with the estate of a deceased musician, Lawdit Solicitors can guide you through the entire process. Contact us today for a consultation.
Conclusion
Music is one of the most personal and valuable assets an artist can own. So, taking the right legal steps, including making a will and ensuring your rights are properly assigned, could protect your legacy and your family for many generations to come.
By Shantal Remzi, a law student at Solent Southampton University
