For copyright purposes, a sound recording differs from a musical composition when one is applying for copyright status. The US copyright office makes distinction between the two, because the musical composition is different than a performance of the musical composition via sound recording. Additionally, a sound recording of spoken text, like a book on tape is also copyrighted via the sound recording form.

In order to register for copyright for a musical composition, one files a performing arts copyright form. Included with this form is sheet music, and also frequently a recording of the music being performed. This does not, however, constitute a sound recording.

If a musician is attempting to copyright both the composition of music, and a sound recording at the same time, he or she files a longer sound recording form. That means the specific performance and the material performed are now copyrighted and subject to copyright law. Many musicians work as primarily songwriters, though, and they may only include a recorded song in a performing arts song to further their claim that they have in fact written the material.

The distinction often comes down to who gets paid and when. A copyrighted sound recording protects the person holding the copyright from unlawful reproduction of the recording. Such unlawful reproduction might include illegal downloads or file sharing, and unauthorized burning of discs. In general, while the copyright of a sound recording is active, no one can use that particular recording without paying for it.

A performing arts copyright works differently. People wishing to record the song in a sound recording must get permission from the composer. As long as the copyright holds, the composition cannot be used without payment or without permission. Unless the composer sells the copyright, he or see maintains full rights to its sole use. He may license the composition for use in a sound recording, and in general will be paid for such licensing.

There are several notable musicians who have written music without performing it. Such artists include the Bee Gees, Lionel Ritchie, and Burt Bacharach. The composers did not perform some of their compositions. Yet the composers always had the right to perform the songs if they wished. They licensed use of their compositions for others who made sound recordings.

For example, the Dolly Parton/Kenny Rogers duet “Islands in the Stream” is a composition by Barry, Robin and Maurice Gibb. The producers of the song paid the Gibbs to use the composition in a sound recording. Filing a sound recording form then copyrighted that sound recording. However, the Gibbs could perform the song in concert, or even record their own version. All the artists involved were paid accordingly. Dolly Parton and Kenny Rogers, were paid a portion of the sales of the record for their sound recording. The Gibbs were paid for licensing the song.

If anyone had illegally copied the sound recording of Parton and Rogers, it would have been up to the producers of the song to seek legal redress. Alternately, if someone performed “Islands in the Stream” without permission from the Gibbs, this would have been a violation of the performing arts copyright filed by the Gibbs. The Bee Gees would have been responsible for seeking any damages incurred by performing arts copyright violation.