Who Owns A Song?
Songwriting and Composition
At the heart of every song lies its composition, which encompasses both the melody and lyrics. Individuals who create these elements are credited as songwriters or composers. It’s common for multiple songwriters to collaborate on a single track, sharing ownership of the composition. The division of songwriting credits determines how royalties are allocated among the contributors. Typically, these splits are agreed upon during the songwriting process and documented in a split sheet agreement.
Music Publishing
Music publishers play a pivotal role in managing and promoting compositions. When songwriters enter into agreements with publishers, they often transfer a portion of their ownership rights in exchange for services such as licensing, royalty collection, and marketing. This partnership ensures that compositions are utilized across various platforms, from recordings to live performances. The standard arrangement usually involves splitting royalties equally between the songwriter and the publisher, though specific terms can vary based on the contract.
Types of Royalties
Songs generate several types of royalties, each corresponding to different uses of the composition:
1. Mechanical Royalties
These are earned when a song is reproduced, whether through physical media like CDs and vinyl records or digital downloads and streams. Record companies typically pay mechanical royalties to songwriters and publishers for the right to reproduce and distribute their compositions.
2. Performance Royalties
Accrued when a song is publicly performed or broadcasted, such as on radio, television, or live venues. Performance Rights Organizations (PROs) like Broadcast Music, Inc. (BMI) and the American Society of Composers, Authors, and Publishers (ASCAP) collect these royalties on behalf of songwriters and publishers.
3. Synchronization (Sync) Royalties
Generated when a song is synchronized with visual media, including films, television shows, commercials, or video games. Licensing a composition for such uses requires permission from both the songwriter and the publisher, often resulting in substantial fees.
Master Recording Ownership
Beyond the composition lies the master recording—the original recorded version of a song. Ownership of the master recording is typically held by the record label that financed the recording session, though some artists negotiate to retain these rights. The master owner controls how the recording is used, reproduced, and distributed. This distinction between composition and master rights is crucial, as it affects how royalties are collected and distributed. For instance, while songwriters earn mechanical and performance royalties, recording artists (who may or may not be the songwriters) earn royalties from the use of the master recording.
Case Study: Taylor Swift’s Masters Dispute
A notable example highlighting the importance of master ownership is Taylor Swift’s dispute with her former record label, Big Machine Records. Despite writing her songs and owning the publishing rights, Swift did not own the master recordings of her first six albums. When Big Machine was sold, the rights to these masters transferred to the new owner, prompting Swift to re-record her albums to regain control over her recordings.
Conclusion
Determining who owns a song involves multiple layers of rights and agreements encompassing songwriting credits, publishing deals, and master recording ownership. Each element plays a significant role in how royalties are generated and distributed, underscoring the importance for artists to understand and navigate these aspects to protect their creative and financial interests.
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