For World IP Day 2025, we connected with members of our Trademarks & Copyright team for a short interview, reflecting on this year’s theme from the World Intellectual Property Organization – IP and Music: Feel the Beat of IP.
Principals Daniel Anthony and Tamara Céline Winegust shared their thoughts on the role copyright plays in the music industry, highlighting the importance of intellectual property (IP) in fostering innovation and creativity.
1. What role does copyright play in the music industry, and why is it essential for protecting creative work?
Tamara: Copyright is an exclusive right. It protects original “works”, including everything from lyrics and melodies to the finished composition. There are also “neighbouring” rights relating to a performer’s performances, sound recordings, and broadcasts that can arise. Copyright protection is crucial to creative industries, and especially the music industry, because it enables right holders to control how their work is reproduced (e.g., making physical or digital copies), performed (e.g., live shows, radio, streaming) and published.
Daniel: Copyright is essential to the music industry because it protects every song, whether it is the lyrics or the accompanying instrumental music. Without copyright, anyone could use a song without compensating the author, which would discourage creators from producing new music. Copyright ensures that creators are rewarded for their work, allowing the music industry to thrive and encouraging ongoing creativity.
Tamara and Daniel also highlighted the importance of copyright in the music industry as a means of supporting its commercial value. Copyright not only safeguards originality but also turns music into a viable economic asset within the industry.
2. What challenges do artists and professionals face in protecting copyrights, and how can they be addressed?
Tamara: One of the main challenges for artists is that many are not fully aware of the metes and bounds of copyright, which can lead to a lack of understanding about what they are entitled to do with their own work as right holders, and what they are entitled to do vis-à-vis others’ works. Copyright issues in the music industry are increasingly complex. There are many players involved, from the individual artists themselves to labels and collective societies. Add to that the inherently collaborative nature of music, and you have a system where rights are often held by numerous players, including not only singers and songwriters but also arrangers and session musicians. Licensing a single song often requires securing multiple permissions, which can be overwhelming for independent artists. The training and implementation of AI in the production of music is creating additional complexities.
To help navigate this complexity, historically, collective societies have played a key role. Generally, such organizations represent a number of rights holders and manage particular rights (like syncing or performance), granting licenses and collecting royalties. While in Canada, it is not mandatory to license through a collective society, it can help simplify the licensing and royalty payment process for music-heavy businesses (like bars and clubs) and creatives, when appropriate. For example, if someone wants to use music at a bar or a gym, they would apply for a license from a collective society, make a payment, and royalties would be distributed to the appropriate right holders.
More recently, music streaming platforms have streamlined royalty calculations based on the number of “plays”, or the number of times that people have engaged with artists and albums. However, detecting infringement and enforcing copyrights, especially when it involves subtle integration of an exact copy or a colourable imitation of another’s music, whether intentional or not, remains a persistent challenge.
Daniel: Beyond licensing, there is also the challenge of ensuring that no one inadvertently copies another artist’s work. New technologies like AI and digital tools introduce risks, as creators may unintentionally incorporate elements from existing works into their own works. Artists should be diligent in producing original content, understand the terms and conditions of the digital tools they use, and perform safety checks to avoid copyright infringement.
Another challenge is enforcing copyrights. Many artists, especially independent ones, lack clear contracts that specify who owns the rights to the music they create. This can lead to disputes down the road. It is important to note that while registration is not required, registering your copyright can provide important legal advantages, such as the ability to pursue statutory damages in cases of infringement.
3. How do IP professionals help support and safeguard copyrights in the music industry?
Daniel: IP professionals play a critical role in the music industry by helping artists and creators understand and protect their copyrights. We can assist in drafting clear agreements that specify ownership and rights, ensuring that all contributors are properly credited. IP professionals also guide artists through the copyright registration process, which is essential for enforcing rights and pursuing legal action if necessary. Moreover, we help creators navigate exceptions to copyright, such as fair use or fair dealing, which allows limited use of copyrighted work for purposes like education, criticism or parody. In the evolving landscape of AI-generated music, IP professionals also offer guidance on how to ensure that human involvement in the creative process is recognized, as current copyright laws require a human creator for a work to be protected.
Tamara: In addition to advising on disputes and preparing documents to protect, license, or assign works, one of the primary roles of IP professionals is education. Whether through articles, public talks or consultations, we can help both creators and users understand their rights and responsibilities and appreciate risks. This includes awareness of what rights copyright holders have, what legal protections are available, and what constraints on enforcement are posed by users’ rights.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.