Musicians' Rights and How to Benefit from Them

Feb 6, 2022

Feb 6, 2022

6 min read

6 min read

Protecting your rights as a beginner musician might seem daunting. However, as experience grows, so does knowledge, and you can always seek advice from copyright organisations. With smart planning, a musician can earn significant income from their creations.

Different rights arise when writing and recording a song, depending on the musician's contribution to the process.

Copyrights belong to the songwriter (author of the melody and lyrics) and the composer. Copyrights allow for the public performance, copying, distribution, and adaptation of the song. A musician can either exploit these rights themselves or license/assign them to others, earning royalties in return.

Copyrights are divided into personal and property rights. Personal rights ensure the author controls how their work is used, including the right to be associated with the work and that the work is not distorted. Property rights allow control over copying and performing the work and receiving royalties for these uses.

Performers' rights arise for the performer, such as singers and instrumentalists participating in the recording. These rights give the performer control over the use of the recording and the ability to receive payment when the work is publicly performed or used in media.

Producer rights belong to the phonogram producer, or the person organising and financing the recording's production. Producer rights grant the right to receive payment each time the recording is publicly performed or copied. This applies, for example, when a song is played on the radio or used in an advertisement.

If a single individual has performed all these activities, they own all these rights.

How to Secure Your Rights? Although copyright, performers', and producers' rights arise automatically during creation, it's advisable to register your work for protection and royalty collection. This can be easily done through collective representation organisations, with each country having their own organisation that collects and distributes royalties for the use of the works and recordings. Once registered, these organisations start collecting fees for each public performance or reproduction of the work.

To protect your rights, it is advisable to register your work with one or multiple of such societies, depends on what applies to you.

Additionally, these organisations represent musicians internationally. This means that fees are also collected in other countries and on various platforms.

How to Benefit from Your Rights? There are several ways a musician can earn income from their creations.

Public Performance and Mechanical Rights Royalties: If your work is performed publicly, for example, at a concert, on the radio, or even in a restaurant, representative organisations collect royalties on your behalf. Mechanical rights allow you to earn a fee each time your work is reproduced, which can include both physical discs and digital downloads and streaming.

Licensing Music to Other Performers: You can also license your work to other performers. This means another musician can record and market your song, but you continue to earn royalties each time that recording is used or distributed.

Synchronisation Royalties: Synchronisation, or the use of music in audiovisual media such as films, advertisements, series, or video games, is one of the most diverse sources of income for today's musicians. If your music is used in an audiovisual project, you receive fees for both the copying and the performance of the music. Generally, a licensing fee, intended for all rights holders, is also agreed upon during synchronisation.

Selling Your Creations: Selling your creations usually means transferring the property rights to the buyer, who then receives all related royalties and controls the use of the work. Selling your creations is a suitable option if you do not want to manage your rights yourself or are looking to immediately cash out from your work. This is often done by artists who create works specifically for project-based commissions, such as film music, or artists who wish to secure a steady income later in their careers. For instance, the legendary rock band Pink Floyd recently sold their music catalog for a significant amount, securing long-term financial security for its members and their heirs.

Tips for Musicians

  • Register Your Work. Ensure all your songs are registered with representative organisations. This helps protect your rights and help ensure you are compensated for your work.

  • Establish Clear Agreements. When collaborating with other creators, such as songwriters, producers, or performers, always enter into written agreements! This prevents disputes over rights and fees later on.

  • Diversify Your Income Sources. Utilise different ways to benefit from your rights: license your songs to other performers, market them to be played on the radio, in streaming, and on TV, and use synchronisation. All these are potential income sources that can bring long-term benefits from your creations.

  • Stand Up for Your Rights. If you discover that someone has used your work without permission, you can first contact the violating individual or organisation directly to demand an end to the infringement along with compensation. If you are affiliated with representation organisations, also notify them so they can contact the violators. If there is no response from the violator, you can turn to your collective rights organisation or a lawyer for help.

AI Contract Review for the Music Industry

Save time, reduce costs, and make better deals with Redline