Intellectual property is the secret sauce for a flourishing music industry: Opinion

Sitting in my attic are hundreds of lovingly preserved vinyl records (also known as LPs, or long-play records, for those who know) from my personal collection, which I built up painstakingly with every penny I saved (from my weekend job selling souvenirs to tourists in Carnaby Street in London) when I was training to be a chartered accountant in the 1980s.

More than just a collection of vinyl, they take me back to a time when music was not just listened to, but also appreciated and cherished. It was probably easier to navigate the issues of artistes’ rights and ownership then.

Fast-forward to today where technology has brought new conveniences and opened markets.

For many years now, I have gone on my regular runs and hikes with music streaming from my phone – something hard to do with vinyl.

Yet, technology has created new challenges and paradigms for musicians’ rights. These rights are largely protected by copyright, a type of intellectual property (IP) that is often invisible to listeners. It is the critical legal backbone that secures creators’ rights, sustains their livelihoods and fosters innovation.

In a world where songs are streamed with a swipe and sampled at will, copyright is the secret sauce for protecting musicians and a flourishing music industry.  

We just need to look at recent history to see how copyright is important. 

The Ed Sheeran case: Musical inspiration or copyright infringement?

The copyright dispute between Ed Sheeran and the estate of Ed Townsend, co-writer of Marvin Gaye’s 1973 classic Let’s Get It On, centred on Sheeran’s 2014 hit, Thinking Out Loud.

Townsend’s heirs alleged that Sheeran copied key elements of Let’s Get It On, specifically its chord progression, harmonic rhythm and certain melodic components. The lawsuit, filed in 2016, went to trial in 2023 in a US federal court.

The central copyright issue was whether Sheeran’s use of similar musical building blocks constituted copyright infringement. The plaintiffs argued that Thinking Out Loud reproduced the “heart” of Let’s Get It On. Sheeran contended that the similarities involved basic musical elements – such as the I-iii-IV-V chord progression – that are commonly used and not subject to copyright protection.

In May 2023, the jury ruled in Sheeran’s favour, concluding that he did not infringe on the copyright of Let’s Get It On.

The case highlighted the challenge of distinguishing between unlawful copying and the permissible use of widely shared musical conventions.

This ruling reaffirmed the position under US copyright law that while melodies and lyrics can be protected by copyright, foundational musical structures such as chord progressions and harmonic rhythms generally fall outside the scope of protection and cannot be monopolised.

Taylor Swift and the battle over ‘masters’

Taylor Swift was at the centre of a different, high-profile tussle over rights.

Perhaps the most talked-about IP issue in music in recent times is the ownership of “masters” – the original sound recordings of a musician’s work. Artistes trade ownership of their masters in exchange for promotion, distribution and financial backing in many traditional record deals.

This can leave musicians with limited control over how their music is used, licensed or even sold – long after their careers have taken off. 

In 2019, Taylor Swift made global headlines: She began re-recording the songs from her early albums to regain control over the use and performance of these songs. Her original label had sold the masters of her earlier albums without her consent, and because she did not own them, she had little say in how they were used or monetised.

However, as she retained the publishing rights to the music and lyrics, she was able to re-record the songs as Taylor’s Version, and she ensured that her recording contract with the new record label gave her full ownership of the new masters.

She encouraged fans to stream and buy the new versions, effectively reclaiming her narrative and her rights.

AI and the rise of machine-generated music 

Musicians have also had to contend with the emergence of generative artificial intelligence (GenAI). 

GenAI is transforming music production. Today, tools can generate melodies and lyrics, and even replicate specific artistes’ vocal styles. AI introduces new complexities around ownership and originality.

If a song is generated by an algorithm trained on existing works, who owns the result? And what happens if that song mimics a real artiste’s style or voice?

Tips for Singapore musicians

The Ed Sheeran case highlighted the importance of not crossing the line into copying while getting inspiration, while Swift’s dispute sparked conversations about the importance of understanding IP rights.

And with GenAI now front and centre in every space, what can Singapore musicians do to protect their copyrights?

Copyright under Singapore law automatically protects original works, including lyrics and musical compositions, as soon as they are created and expressed in tangible form. This gives the creator exclusive rights to reproduce and perform the works, as well as license such uses.

Put simply, if you write a song, you may own it, but without taking steps to assert, enforce and monetise that ownership, others might use it without fair compensation – or claim it as their own.

In order to protect their rights, musicians must take active steps to:

• Read every contract carefully: Musicians should seek timely legal advice to understand terms related to ownership, royalties and duration of rights. Under Singapore’s law, rights can be licensed or assigned – but the implications vary significantly. 
• Consider what rights you need to own: In Singapore, musicians enter negotiations for the use of their works with a firm footing, as the law grants them default copyright ownership of their lyrics and compositions. When negotiating with publishers and record labels, musicians should consider what rights of use they should retain for their own future uses, such as digital licensing. 
• Work with collective management organisations (CMOs): CMOs are appointed by rights owners to manage the rights in their copyright works or protected performances. This helps with global recognition and enforcement of rights.
• Keep dated records of creation: Lyrics, demos and drafts serve as valuable evidence when a dispute arises. 
• Use digital watermarks: These technologies can help assert ownership and detect unauthorised use.
• Keep up to date on Singapore copyright laws relating to AI: Under Singapore law, there is no copyright in works fully generated by AI with no human intervention or creative input.

How Singapore protects musicians’ rights 

The good news is that musicians are not alone. Singapore has been taking steps to help them to protect their copyrights.

It strengthened the copyright regime by updating the Copyright Act in 2021, with changes that provide for a stronger foundation for protecting creators’ rights while enabling digital innovation.  

For example, the Act introduced a new right for creators and performers to be identified whenever their work or performance is used or performed in public, regardless of who owns the copyright.

In 2024, Singapore also implemented its regulatory regime for CMOs, which further supports musicians and other creators in receiving timely royalty payments when they license their works through CMOs.

The Intellectual Property Office of Singapore also offers other services to protect IP, including trademarks, patents and design registration. It also offers IP legal and business clinics for creators and enterprises to seek advice on potential IP issues.

The music must go on

From Sheeran’s musical inspirations, to Swift’s reclaimed albums, to the rise of machine-generated music, the message is clear: IP is key to ensuring musicians don’t just survive, but also thrive. It is an enabler of dreams, livelihoods and cultural identity.

Just as I have painstakingly built up and preserved my vinyl collection, it is my hope that musicians will endeavour to use IP to protect their rights and preserve their craft so that we can continue to enjoy beautiful music and nurture a flourishing musical future for Singapore and beyond.

Nicky Tan is chairman of the Intellectual Property Office of Singapore (Ipos).

World IP Day – organised by the World Intellectual Property Organisation – is celebrated globally every year on April 26. In 2025, the theme, “IP and music: Feel the beat of IP”, emphasises the critical role of IP rights in supporting creativity and innovation within the music industry. Ipos and its partners are organising a series of activities to mark the occasion.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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