Knowing what rights you might be giving up is essential for any musician who is about to sign a publishing or record deal. Because it establishes who owns the songs and recordings and who is allowed to use them, copyright is essential to the music business. Artists can better safeguard their ownership and control over their creative work by understanding some important copyright concepts in music contracts.
Master Rights and Record Deals (Remember that music copyright is divided into two categories: publishing, which pertains to the song’s lyrics and melody, and master, which refers to the sound recording.)
Conventional record agreements typically call for the artist to give the record label ownership of the master recordings. In actuality, this means that under that contract, the label acquires the copyright to the sound recordings you produce. After that, the label has the sole authority to sell, stream, and licence those recordings—often in return for royalties. This explains why the expression “owning your masters” is frequently used: artists who do not own their master recordings have little control over how those recordings are used. For example, your record label may licence your song for a movie or commercial without your express consent if they own the master (depending on your contract’s terms about approval). Artists’ desire to reclaim their masters is the root of many well-known musical disputes: One well-known example of how crucial master rights can be for artists is Taylor Swift, who famously re-recorded her old albums to reclaim her masters after her former label sold them.
However, not every transaction is the same. Alternatives like licencing agreements or distribution agreements, where you keep ownership of your master recordings and merely grant the label a term-long licence to the recordings, are provided by certain contemporary independent labels and artist services organisations. With these agreements, you can still profit from the label’s distribution or marketing while maintaining ultimate ownership. Negotiating and looking into these options is worthwhile, particularly if you value keeping control over your recordings.
Songwriting and Publishing Contracts
You will probably come across a publishing contract if you write songs (lyrics, melody, and composition). A publishing agreement usually entails giving a music publisher or administrator a portion of your songwriting copyright. You give a publisher some or all of your song copyright in a standard publishing agreement, and the publisher licences your music (for cover versions, movie use, etc.) and divides the royalties with you. Think about which arrangement works best for you. Some agreements (administration deals) allow you to keep ownership and only share royalties. Knowing how long the publisher will have control over your songs and whether or not the rights return to you are important. Certain contracts may be for a specific number of years, while others are for the duration of copyright, which for compositions is practically decades after your lifetime.
Notably, unlike the U.S. system of author termination rights, UK law does not automatically return song rights to writers after a certain amount of time. If you value keeping or regaining ownership of your songs, try to include reversion clauses in your agreements.
Additional Contractual Factors
Contracts for music frequently include provisions pertaining to moral rights and credit. Many music contracts ask you to waive the moral rights that are granted by UK law to creators, such as the right to credit oneself and the right to object to disparaging changes made to one’s work. This implies that if your label uses your song in a way you do not like or remixes it, you may not have much control over it. Although these waivers are typical, it is important to understand what you are giving up.
How you get paid is another crucial factor. You usually receive royalties when you assign your copyright, but you might not get paid until you “recoup” any advance that the publisher or label gave you. Some artists never receive additional money if their sales do not cover unrecouped expenses (such as advances or label-fronted recording costs), which can postpone or eliminate royalties. Therefore, even if you assign rights, you will not get paid until the conditions of the contract are fulfilled.
Contracts frequently grant rights in formats “now known or hereafter devised,” so be sure to pay attention to any provisions pertaining to future technologies. Make sure you are comfortable with that broad grant because it will cover even new distribution methods.
Represent Yourself
A professional should be consulted before signing any music contract. At the very least, figure out a way to regain your rights later (for instance, a reversion clause after a certain number of years) or try to maintain as much ownership as possible. If a business demands full ownership of your copyrights, try to reduce the time frame or bargain for better terms for payment. In the end, you are the creator of your songs and recordings, and any contract should fairly compensate you for those rights.
Even though music contracts can be difficult to understand, knowing about copyright ownership will help you throughout your career. Knowing their rights helps artists negotiate more effectively and maintain control over their musical legacy.
Solicitor advocate Michael Coyle has a master’s degree in copyright law. former Guildford School of Music (ACM) and Solent University lecturer.
Michael.Coyle@lawdit.co.uk is his email.
