Do You Need to Get Rights to Play a Jazz Song in a Film?

If you’re producing a film that’s going to include music, such as a jazz song, you’re probably wondering whether or not you’ll need to apply for a copyright license. If you’re wondering, do you need to get rights to play a jazz song in a film? You’re not alone! Copyright laws vary. The interpretation of those laws in court have been less than fulfilling to Jazz musicians.

Here’s what you must know.

Musical Composition Can be Copyrighted

As of 1831, musical compositions can be copyrighted. However, musical composition copyrights can only be applied for. In the event that there is accompanying sheet music to prove the creation and ownership of the music.

At least that was until 1897 when Congress made changes to copyright law allowing public performances to be copyrighted, too.

The key here is that music copyrights are provided for works that are written. Not so much for those which are orally produced. 

Improv

Jazz music is, by nature, a musical profession of improvisation.

Throughout the history of Jazz music, most of the players and musicians that create the amazing jazz songs that we’re often familiar with do so largely with oral transmission and not by written format.

So, this is the first major problem when it comes to a Jazz musician copyrighting music that they have created.

Legal Provisions

If a song is not written, and published, there is little legal provision under copyright law to protect the music.

Additionally, an improvised solo that is produced by a Jazz musician becomes what is known as a derivative work and, again, faces challenges with copyright law.

Copyright Act

As of 1909, the Copyright Act states that in to obtain copyright rights to a song, you must submit a notated copy of the music.

Many Jazz musicians have not done so. As such, much of the Jazz music that you hear is not copyrighted.

Are Rights Required to Play a Jazz Song in a Film?

Now that you know how Jazz music works. What rights are required, if any, to play Jazz music in a film? It really depends on whether or not the music that you intend to play has been copyrighted.

In many cases, Jazz performances are not protected under copyright. It is because they are derivative works and do not qualify for a copyright protection.

Therefore, if you’re going to play a Jazz song that is not protected by copyright, technically you do not need to seek permission or rights.

Unfortunately

Derivative works, in the eyes of the Copyright lawyers, will not receive the same protection that original works are afforded.

This means that the many improvised, bootleg performances that are created by the top Jazz musicians are not protected and therefore do not require a license for use. 

The Takeaway

If you’re going to play a particular song yourself, in a Jazz form, you might still need to obtain the copyright license in order to recreate the song. This would require the license from the original written music creator prior to your performing the song on film.

However, when it comes to using jazz music that is previously recorded, you’ll likely only require a license from the original music rights holder. Not so much from the Jazz artist as it’s rare for Jazz music to be copyrighted.