What copyright is and what it does and doesn't mean
When uploading a release for distribution, you will come across the © (C-line) and ℗ (P-line) fields. Let's explain what copyright actually is, where it comes from, what it really means in the EU – and why you still have to fill it in.
Where does copyright come from?
The term “copyright” comes from the Anglo-American (common law) legal system, where copyright does not arise automatically – or at least historically did not. The USA had a system of mandatory registration with the U.S. Copyright Office. Today, registration is no longer mandatory in the USA (protection arises automatically when the work is created), but registration still brings advantages when enforcing rights in court.
USA vs. EU – a fundamental difference
- Historically a registration system.
- Today, protection arises automatically.
- Registration with the U.S. Copyright Office is still voluntary – an advantage in court disputes.
- The © symbol is part of legal culture and practice.
- “Copyright” is a commonly used legal term.
- Authors' rights arise automatically when a work is created.
- No registration is needed – protection does not depend on it. Registration with OSA serves to collect royalties, not to create protection.
- The © symbol has no direct legal effect.
- Protection is granted by law, not by the symbol.
- In the Czech Republic, it is governed by the Copyright Act (Act No. 121/2000 Coll.).
Adding the © symbol to a work in the EU does not create any new legal protection – that exists automatically. Even so, the symbol serves an important purpose: It makes it clear that the author/publisher is aware of their rights and intends to defend them. It can deter unauthorised use and make communication easier in the event of a dispute.
So why fill it in?
Digital distribution is global
Your music reaches the USA, Japan, Australia… Wherever the Anglo-American legal tradition applies, copyright has real legal significance.
Industry standard
Platforms (Spotify, Apple Music, …) and distributors around the world require copyright metadata. It is simply part of the music industry.
A signal of protection
Even in the EU, it clearly says: “This work is protected, we know it and we will defend it.” The deterrent effect should not be underestimated.
© and ℗ – two different symbols
In distribution, you will come across two different symbols – each one identifies something different:
© 2024 Jan Novák
Filling in the C-line and P-line correctly is important – incorrect details can cause problems when enforcing rights or in a dispute over who owns the work or the recording. A detailed guide on what exactly goes where (including links to the terms music publisher and producer of a sound recording) can be found in the article C-line and P-line – how to fill them in correctly.
How does copyright relate to other identifiers?
Copyright is a legal indication of ownership, whereas ISRC, ISWC and UPC/EAN are technical identifiers for tracking and distribution. They complement each other – copyright says “whose it is”, identifiers say “what it is”. More about identifiers: ISRC, ISWC, UPC/EAN/GTIN.
Copyright is originally an American concept – in the EU, authors' rights arise automatically and the © symbol has no direct legal effect. Even so, stating it in digital distribution is standard practice and a necessity: Music travels globally, platforms require it, and it clearly signals that you are looking after your rights.
How do you fill in © and ℗ correctly when uploading a release? You will find everything in the article C-line and P-line – how to fill them in correctly →
In 1968, director George Romero released the cult horror film Night of the Living Dead. The distributor forgot to add a copyright notice to the film's titles – and under US law at the time, that was a fatal mistake. The law then required the © to be physically present on the work. Without it, the work automatically fell into the public domain – free for anyone to use. The result? Anyone could freely copy, sell, broadcast and profit from the film – and Romero and his colleagues never saw a cent of it. To this day, there are dozens of different releases of the film from various publishers who pay nothing to anyone for it.
In the EU, something like this cannot happen. Authors' rights arise automatically the moment a work is created – without any registration, mandatory symbol or paperwork. A forgotten © in the titles would have no legal impact. Even so – as you know from the article above – it makes sense to include the symbol. Just not because protection would lapse without it.