World IP Day 2025 – IP & Music: Feel the Beat of IP
It’s April 26th, which is an important day for many including those in the Intellectual Property profession: WIPO‘s World IP Day.The 2025 theme is IP and Music: Feel the Beat of IP.
Whilst on the surface, music and IP may not seem to be linked, there are in fact many ways in which IP protection interacts with and benefits those within the music industry, from pop stars and producers to technicians and musical equipment manufacturers. Below we explore the ways in which some kinds of intellectual property relate to the music industry.
Copyright
Possibly the most obvious way in which IP relates to music is through copyright. This is a right that protects an original artistic idea, in the form which it is originally expressed. Copyright can be of relevance to those in the music industry in several ways, including as song lyrics (literary works), musical composition (musical works), concert choreography (dramatic works), and concert visuals (film) – among numerous others. The code for software such as that used for recording or replaying musical sounds may also be protected by copyright as a literary work.
One of the most high-profile music-related copyright cases in recent memory is Taylor Swift’s quest to reclaim the ownership of her first 6 studio albums through her Taylor’s Version re-recordings, after her original recording contract required her to sign away her claim to the recordings of her songs as the performer. Since her rise to fame and accumulation of notoriety in the music industry, she has since been able to negotiate a better contract with a different label that allows her to retain ownership of both the lyrics/composition of her music and the master recordings that result. To read more on this case, see our past article on Taylor Swift’s IP here.
In Australia, copyright is not registrable – it simply applies once a work is created. This can differ in different jurisdictions; for example, in the US you can register your claim to the copyright of a work. This can be a good option in case of future copyright disputes, with an officially recorded claim to the copyright for your creation.
Trade Marks
For musicians, trade marks may also be of great importance. A trade mark is a signifier that distinguishes one’s goods or services from those offered by others in the marketplace, and having a trade mark registration grants the owner the exclusive right to use that sign. The most common kinds of trade marks are logos and word marks which most of us are familiar with. These can include bands’ or artists’ names, stylised logos, and catchphrases for albums and merchandise.
In fact, a recent decision in Australia has showed the importance of trade mark law for creatives, including musicians. MBIP has been keeping tabs on this case, posting updates as they come – see the latest update on our blog here.
In short, Australian fashion designer Katie Taylor (nee Perry) and American singer Katy Perry (real name Katherine Hudson) came to blows over a trade marks issue wherein Taylor alleged that Hudson and associated companies had knowingly sold merchandise which infringed on Taylor’s KATIE PERRY trade mark (which was registered in class 25 for clothing). The popstar had offered a co-existence agreement in the past, but this was turned down. Although originally things looked promising for Taylor, it appears she may have flown too close to the sun in the most recent appeal – and subsequently come falling from cloud nine, with the court siding with Hudson on several issues encapsulated within the case and calling for the KATIE PERRY mark to be cancelled.
Patents
Another type of intellectual property that may be relevant in the music industry is patent protection. This type of IP protection may be less relevant to musicians themselves (although Eddie van Halen did make use of this system for a musical invention – see US4656917A) but can be useful for inventors who create products or technology for use in the music industry.
There are different areas of the music industry to which patent protection may apply. For example, the high-tech equipment and software used for recording and writing music is constantly being updated and improved. Patent protection may be viable for some advancements in this area – although software patents can be a tricky to get granted in Australia.
Musical instruments or parts for musical instruments may also be patented. Adolph Sax (most famously for creating – you guessed it – the saxophone) held many patents for his musical inventions. This included the saxophone, but also the lesser known saxotromba, saxhorn, and saxtuba.
Parts or equipment for playing musical instruments could also be patented – such as the inflatable shoulder rest for use on a violin or viola. Traditional shoulder rests are very rigid and can extend the instrumentalist’s neck into a position that can cause pain or discomfort. Inflatable shoulder rests allow for easier adjustment and are thinner, leading to more physically comfortable playing. MBIP has been involved in patenting another piece of equipment for musicians in the past: the BuzzBuddy. These inventions present innovative solutions to problems that frequently plague musicians of all levels, from the newest students to seasoned professionals.
Designs
Design registration protects the visual appearance of a product resulting from one or more of its features – if it is new and distinctive compared to the prior art base. Aspects such as the shape of the product or a pattern/ornamentation on it may be registrable.
Designs may be applicable to merchandise sold by musicians. Examples include distinctively shaped mugs or drink bottles, perfume bottles, or decorations. A unique pattern or ornamentation of a textile can also be registered, which may apply to clothing merchandise.
Design protection may also be useful for other music industry professionals. If you produce a piece of equipment that has a unique appearance, a design registration could be applicable. US registrations USD349127S (for a “Portable, electronic keyboard musical instrument” – designed by none other than Prince) and USD823934S1 (for an “Electronic wind instrument) are some fun examples of design registrations for musical equipment.
It’s important to note that in Australia, a design is only enforceable if it has been certified (an extra step after registration). Considering the extra costs involved in having a design certified, many choose to leave their designs at the “registered” stage and only have them certified if an enforcement issue reveals itself.
World IP Day 2025 – Bonus Points and Take Aways
Intellectual property protection helps the music industry commercially by clearly identifying who has the rights to reproduce, distribute, and perform music. Registered rights give artists, performers, composers and inventors the peace of mind that they can assert control over their creative endeavours, especially in this digital age.
It’s important to note that intellectual property rights such as patents, trade marks and designs are jurisdictional in nature; they only apply in countries in which they have been registered. If you need protection in an array of countries (for example, if you are a globally recognised/touring musician or are selling your musical product or technology around the world), there are ways to extend this protection, for example utilising the Paris Convention, Madrid System, or the Patent Cooperation Treaty (PCT).
From protecting musical technology to musicians’ branding to music itself, IP protection can be an incredibly useful, and in some cases even necessary tool in the music industry. Though the distinctions between and different applications of these different rights can seem confusing, a professional can use them to create a harmonious IP strategy. If you’re a musical professional who requires assistance in IP strategy, feel free to contact MBIP.
