Sound Recording

A sound recording is a work that captures a series of musical, spoken, or other sounds fixed in a physical or digital medium. Under U.S. copyright law, a distinct category of copyrightable work, separate from the underlying musical composition or lyrics, protects the specific recorded performance itself.

Sound recordings became a recognized category of federal copyright protection in 1972. Before that, recordings were protected only under state law. Today, they are governed by the Copyright Act of 1976 and subsequent amendments, including the Music Modernization Act of 2018.

How a sound recording works

A sound recording is created the moment a performance or series of sounds is captured and fixed in a tangible medium, whether on analog tape, as a digital audio file, or in any other format from which the sounds can be perceived, reproduced, or communicated. This concept of being fixed in a tangible medium of expression is a foundational requirement for any copyrightable work.

Ownership of a sound recording copyright typically belongs to the producer or record label that funded and created the recording, not necessarily the performing artist, unless a contract specifies otherwise. This is a critical distinction that affects how royalties are collected and how rights are licensed.

The copyright in a sound recording grants the owner specific exclusive rights, including the right to reproduce the recording, distribute copies, and prepare derivative works such as remixes or samples. However, these rights are narrower than those granted to holders of musical composition copyright.

Why a sound recording matters

For musicians, producers, podcasters, and content creators, understanding sound recording copyright is essential to controlling how their work is used and monetized. Without registration, a copyright owner's ability to sue for infringement and collect statutory damages is significantly limited.

Registering a sound recording with the U.S. Copyright Office creates a public record of ownership and provides the legal standing needed to pursue infringement claims in federal court. It also establishes a presumption of validity that can be critical in licensing disputes.

For businesses that use recorded audio in advertising, apps, video content, or public performances, knowing who owns the sound recording copyright (as distinct from the composition copyright) determines what licenses are required and from whom they must be obtained.

Common uses and examples of sound recordings

Sound recordings appear across a wide range of commercial and creative contexts.

• A studio album track: When a band records a song in a studio, the resulting audio file is a sound recording. The band or their label typically owns the sound recording copyright, while the songwriter holds a separate copyright in the musical composition.
• A podcast episode: A recorded podcast episode is a sound recording. The producer who captures and edits the audio generally holds the copyright in that recording.
• An audiobook: A narrator's recorded performance of a book constitutes a sound recording, a distinction with growing significance in a market projected to reach $35.47 billion by 2030, separate from the copyright in the underlying text.
• A sampled beat: When a producer samples a portion of an existing recording, they are using someone else's sound recording copyright, which requires a separate license from the sound recording owner in addition to any license needed for the underlying composition.

Key characteristics of a sound recording

Sound recordings have several defining legal characteristics that distinguish them from other copyrightable works.

• Fixation requirement: The sounds must be captured in a stable, reproducible format. A live, unrecorded performance does not qualify.
• Originality: The recording must reflect some degree of creative authorship in the capture or production of the sounds, not merely a mechanical reproduction.
• Separate from the composition: A single song can carry two distinct copyrights: one in the musical composition (melody and lyrics) and one in the sound recording (the specific recorded performance).
• Limited public performance right: Unlike musical compositions, sound recording copyright holders in the U.S. have a limited public performance right, generally applicable only to digital audio transmissions such as internet radio, not traditional AM/FM broadcast.

Sound recording vs. musical composition

These two terms are frequently confused but represent legally distinct works. A musical composition copyright protects the melody, harmony, and lyrics of a song as written; it belongs to the songwriter or publisher. A sound recording copyright protects the specific recorded version of that song, and it typically belongs to the producer or record label.

A single song can have dozens of sound recording copyrights if it has been recorded multiple times by different artists. Each recording is a separate copyrightable work. Licensing a song for use in a film, for example, may require obtaining clearance from both the composition copyright holder and the sound recording copyright holder.

Considerations for registration and protection

While copyright in a sound recording arises automatically upon fixation, registration with the U.S. Copyright Office, with online fees starting at $45 and group registration options for albums, provides significant legal advantages. Registered works are eligible for statutory damages, up to $150,000 per infringing work, and attorney's fees in infringement lawsuits, which are remedies unavailable for unregistered works.

For recordings that are still in production or not yet released, copyright preregistration may be available. Preregistration is a limited protective measure designed for works being prepared for commercial distribution and susceptible to pre-release infringement.

Sound recording owners should also be aware that copyright duration and ownership rules can be complex, particularly for recordings made before 1972.

Related terms and next steps

Sound recordings connect to several broader areas of intellectual property law. Key related concepts include:

• Fixed in a tangible medium of expression. The foundational requirement that a work must be captured in a stable format to receive copyright protection
• Copyright pre-registration. A preliminary protective measure available for works, including sound recordings, that are in production and at risk of pre-release infringement
• Copyright compilation. A collection of pre-existing works, such as a compilation album, which may carry its own copyright separate from the individual sound recordings it contains

Creators and businesses seeking to protect a sound recording can register a copyright with the U.S. Copyright Office. LegalZoom's copyright registration service can help simplify the application process for musicians, producers, podcasters, and other rights holders.

FAQs about sound recordings

Does a live performance qualify as a sound recording under copyright law?

A live, unrecorded performance does not qualify, because copyright protection for sound recordings requires fixation, meaning the sounds must be captured in a stable, reproducible medium at the time of the performance or simultaneously with it. A concert recorded to tape or as a digital file in real time qualifies, but one that is performed and never captured does not.

Can the same song generate multiple separate sound recording copyrights?

Yes, every distinct recorded version of a song is a separate copyrightable work, so a standard released by dozens of artists over the decades carries a separate sound recording copyright for each recorded performance. Licensing one of those recordings for use in a film or advertisement does not grant any rights to the others, even though they all share the same underlying musical composition.

Who owns the sound recording copyright when an artist records under a label deal?

In most traditional recording contracts, the label, not the artist, owns the sound recording copyright, because the label funds and controls the production of the master recording. Ownership can shift to the artist through contract negotiation, reversion clauses, or, in some cases, after a specified number of years, which is why the distinction between owning a master recording and owning the underlying composition is one of the most consequential issues in music industry deal-making.

Is a cover song a new sound recording?

A cover recording, a new performance of a song originally recorded by someone else, is a distinct sound recording that generates its own copyright in the recorded performance, separate from both the original sound recording and the underlying musical composition. The cover artist or their label typically owns the new sound recording copyright, but performing or distributing the cover still requires a mechanical license from the composition copyright holder.

How does sampling a sound recording differ from licensing a musical composition?

Sampling requires two separate licenses: one from the sound recording copyright owner (typically the label) for the use of the specific recorded performance, and one from the musical composition copyright owner (typically the publisher) for the underlying melody and lyrics captured in that sample. Clearing only the composition license while using the actual recorded audio without authorization from the sound recording owner constitutes infringement of the sound recording copyright, a distinction that has been the basis of significant litigation and, more recently, settlements involving AI-generated music platforms.

When does copyright protection in a sound recording expire?

For sound recordings created on or after February 15, 1972, federal copyright protection generally lasts for the life of the author plus 70 years, or 95 years from publication for works made for hire, the category that covers most commercially released recordings owned by labels. Recordings made before 1972 were brought under federal protection by the Music Modernization Act of 2018, with protection terms that vary based on the year of publication and whether the recording has been commercially released.