Alastair Smith delves into the world of James Bond, the business of music, and the legal rights of musicians – emphasising the importance of protecting creative work and its significant contribution to the national economy.
It is arguably the most iconic movie signature tune of all time, recognisable from just a couple of chords. Whether you are a 007 fan or not, you know the theme to James Bond. Culturally, its reach is unmatched. Commercially, for the creative forces behind it, its success lies behind tight legal control.
Intellectual Property (IP) rights - and the enforcement of them - lie at the heart of the film franchise and its remarkable corporate and creative longevity. Musically, no-one can use the Bond theme without a licence to do so. Its use is undoubtedly closely policed.
Bond’s in my mind as the most headline-grabbing development in the world of entertainment IP right now, with creative control of the brand recently passed to Amazon MGM Studios from the Broccoli dynasty, sparking all sorts of speculation about its future direction - not least, who might the next 007 be?
But whether you are the owner of a cinematic blockbuster tune or a singer who posts your own songs on TikTok, your rights as a composer and performer are the same. They are protected; you should enforce them. The creative and economic worth of doing so should not be underestimated.
Rights that protect every creator
It is a point worth reinforcing, especially as World Intellectual Property Day tomorrow (Saturday, April 26) shines a spotlight on the music industry, emphasising how creativity and innovation - backed by IP rights - sustains a thriving music scene.
As the World Intellectual Property Organisation (WIPO) rightly points out, music enables innovation which fuels economic growth, including in film, entertainment, fashion, video games, technology and consumer goods.
IP empowers creators, innovators and entrepreneurs to bring fresh ideas to the music industry, safeguarding the work of songwriters, composers and performers.
I see its power most frequently through my work in Scotland’s vibrant gaming sector, where the rights of every single creator involved in the process - from coding to composition - can have their own IP rights.
And let’s not forget the importance of the music industry to the national economy.
The most recent This Is Music Report - released by UK Music - found that music’s contribution to the UK economy hit a record £7.6bn, with 216,000 people employed in the industry.
The importance of legal safeguards
Amid the excitement of creativity, the legal rights that are crucial for allowing that work to thrive can often be overlooked.
But we cannot afford to lose sight of the fact that IP is key to the protection of the rights and livelihoods of musicians and performers, composers, producers and publishers. IP - in its various forms - allows music to grow as a business.
Key legal points for any creator to consider are:
- Copyright is the key IP right in the music industry. This protects composers and songwriters who create music and songs, allowing for the commercialisation of their work, whether as a standalone piece or as part of anything else, such as a movie, video game, television show, or advert. There is strong copyright protection for 70 years from the date the last known author dies. As a result, works or recordings of music from a creator who died in 1954 are now copyright free, but the latest Taylor Swift tune will not be.
- Music publishing rights. This is essentially use of copyright through various forms of "publishing", whether via streaming platforms, on CD or vinyl, radio, or public performances. This often results in royalties for the artist as the commercial avenues achieve sales. Bigger publishers work with artists or musicians throughout their career and will pay substantial money for big names, new works and back catalogues they can commercialise. All these uses of the underlying copyright work should ensure fair compensation for creatives, including musicians, songwriters, and performers.
- Trademarks. Music - in particular big bands and performers - take advantage of the extensive merchandise market that goes with a touring performance. Trademark protection allows exclusive use of logos or names on commercial products for sale - or even the device you listen to music on (ie. Sony and a Walkman - which is still a trademark of Sony - or the Sony Music trademarks such as the “Now that’s what I call...” album series).
- Patents. These play an important role for new inventions, not only in how we listen to music (from vinyl to streaming) but also in the performance of music, such as the development of new instruments and advancements in how musical performances are experienced.
As lawyers, there are countless areas of IP law that we advise on - from protection against infringements to contract agreements and e-commerce.
But what we find time and again is that if creators protect their assets and seek legal advice from their inception this maximises their potential down the line.
Just think of composer Monty Norman. He may not have been instantly recognisable, but his most famous piece of work is. His signature theme music for James Bond has been used in every 007 film since 1962. He received royalties until his death in 2022, collecting a reported £600,000 between 1976 and 1999 alone.
Unlike Bond’s famous vodka martini, taking steps to safeguard your IP means you need not be shaken or stirred if anyone attempts to infringe your work. The rewards can be great.
Published 25.04.25
