Most singers spend months thinking about the song, the recording, the artwork, and the release date. Then somebody asks, “Who owns the publishing?” and suddenly nobody is quite sure. That is a problem you want to solve before the song comes out. If you write original music, understanding music publishing is part of becoming a recording artist.
You need to know who owns the song, how the songwriting is split, where the song is registered, and how the different types of royalties are collected. You don’t need to become a music attorney. But you absolutely should understand what you own before you start signing things or releasing music.
Basics of Music Publishing
The first distinction every artist should understand is simple: The song and the recording of the song are not the same copyright. That one distinction clears up a huge amount of confusion.
Understanding Song Splits
If you wrote a song with other people, decide the songwriting splits before the release. Don’t wait until the song starts getting attention. A split sheet documents the percentage of the composition each songwriter owns. If three people helped write the song, that does not automatically mean everyone owns one third. The writers need to agree on the percentages. Have that conversation while everyone remembers who contributed what and everybody is still getting along. Get the agreement in writing. A five minute conversation before release can prevent a much uglier conversation later..
Master vs. Publishing Rights
This is where a lot of developing artists get confused. The master is the actual sound recording. The publishing side relates to the underlying musical composition, including the music and lyrics. Those rights can belong to completely different people. You might write a song and therefore own publishing rights in the composition while another person or company owns the master recording. Or you may own both. Before you agree to any deal involving your music, know which rights are actually being discussed. “Who owns the song?” is not specific enough. Ask who owns the composition and who owns the master.
Copyright Registration and PROs
Your original song receives U.S. copyright protection once it is created and fixed in a tangible form, such as being recorded or written down. Copyright registration is not what creates the copyright. Registration with the U.S. Copyright Office provides important additional benefits, including creating a public record of the copyright claim and providing important enforcement benefits.
Then there are Performing Rights Organizations, usually called PROs. In the United States, organizations such as ASCAP, BMI, and SESAC handle public performance royalties for musical compositions. That is different from copyright registration. And it is also different from mechanical royalties. Those distinctions matter because releasing a song through a distributor does not automatically mean every royalty connected to that song is being collected for you.
Key Decisions Before Release
Before you release original music, slow down long enough to get the business side organized. Excitement is good. Confusion about ownership is not.
Songwriter Split Sheet Essentials
Every co-write should have a clear record of who owns what. Your split sheet should identify the song, the writers, their ownership percentages, and other information needed to document the agreement. Do this before release. Don’t rely on everybody remembering the same conversation six months later. If the song eventually gets licensed, placed, streamed heavily, or earns meaningful income, those percentages suddenly matter a lot more. Clarity early protects both the song and the relationships around it.y.
PRO Registration: ASCAP, BMI, SESAC
If you are writing and releasing original songs, understand what your PRO does and make sure your works are properly registered. PROs license certain public performances of musical compositions and distribute the resulting performance royalties according to their systems and data. But PRO registration is only one part of publishing administration. There are other royalty streams, including mechanical royalties.
For eligible U.S. interactive streaming and download services operating under the blanket mechanical license, The Mechanical Licensing Collective collects digital audio mechanical royalties and distributes them to eligible songwriters, publishers, administrators, and other rightsholders after matching the usage to the musical works. That is why “I uploaded my song to Spotify” and “my publishing is handled” are not the same statement.
Choosing a Publishing Administrator
Independent songwriters sometimes use a publishing administrator to help register songs, manage publishing information, and collect certain royalties on their behalf. That does not mean every artist automatically needs one. It means you need to understand what is already being handled and what’s not.
Before signing with any publishing administrator, find out:
What rights are you giving them?
How long is the agreement?
What royalties will they collect?
What percentage or fee do they keep?
What happens when the agreement ends?
Do not choose a company simply because the dashboard looks easy.
Understand the agreement.
Securing Your Song’s Future
Once the creative work is finished, the boring details become very important. Names. Percentages. Registrations. Codes. Credits. Agreements. None of that is as exciting as recording the vocal. All of it can matter when somebody needs to determine who owns the song and where the money should go.
Importance of Metadata for Music Releases
Metadata is the information attached to your music that helps identify the recording and the people connected to it. That can include information such as the song title, artist name, songwriter information, release information, and identifiers associated with the recording or composition. Get it right. A misspelled legal name, incorrect songwriter information, inconsistent title, or missing identifier can create problems later. Before submitting a release, compare the metadata against your actual agreements and registrations.
Co-Writing Agreements and Work for Hire
If other people helped create the song or recording, understand the agreement behind their contribution. A co-writer and a session musician are not automatically the same thing. Neither is a producer. Neither is someone working under a valid work-made-for-hire arrangement. “Work for hire” also has a specific legal meaning under U.S. copyright law. Paying someone to work on a song does not automatically make everything they create a work made for hire.
If ownership matters and the agreement is complicated, this is where getting qualified legal advice is worth the money. Don’t discover what the contract meant after the song succeeds.
Pre-Release Checklist for Artists
Before you hit release, make sure you can answer these questions: Who wrote the song? What percentage does each writer own? Is the split agreement documented? Who owns the master recording? Who owns the composition? Are the songwriter and publishing registrations handled correctly? Is your metadata accurate? Are producer, collaborator, and musician agreements clear? Do you understand which royalties are being collected and by whom? If you cannot answer one of those questions, that is your cue to stop and figure it out before the release. That is not being difficult. That is being an artist who understands the business attached to the music.
Why This Is Part of Artist Development
Artist development is not just voice, songs, performance, branding, and image. Eventually, the artist has to understand the business surrounding the music. You can make an incredible record and still make bad decisions about it. You can also learn this before there is a problem.That is the better option.
At The Golden Voice, we want artists thinking beyond the next vocal lesson or the next release date.
Build the voice.
Develop the songs.
Understand your identity.
Learn how to perform.
And understand what happens to your music once it leaves the studio. The creative side and the business side eventually meet. Be ready when they do.
Frequently Asked Questions
Frequently Asked Questions
What is the difference between master and publishing rights?
The master refers to rights associated with the specific sound recording. Publishing rights involve the underlying musical composition, including the music and lyrics. The two sets of rights may be owned by the same person or by completely different people.
Why do I need a songwriter split sheet?
A split sheet creates a written record of the ownership percentages agreed upon by the songwriters. It gives everyone clarity before the song is released and before royalties or licensing opportunities create disagreements.
How do I register with a PRO?
Songwriters in the United States can research organizations such as ASCAP, BMI, and SESAC and determine which organization is appropriate for them. Joining a PRO and registering your songs are separate steps from registering a copyright with the U.S. Copyright Office.
What are mechanical royalties?
Mechanical royalties are royalties generated by certain reproductions and distributions of musical compositions. In the United States, The MLC administers blanket mechanical licensing and related digital audio mechanical royalties for eligible interactive streaming and download services.
What is metadata in music?
Metadata is identifying information connected to a recording or musical work. Accurate metadata helps the music industry identify the correct recording, writers, artists, and other information associated with a release.
Why are co-writing agreements important?
They establish what the writers agreed to regarding ownership and other relevant terms. Getting that agreement clear before a song is released is much easier than trying to reconstruct it after money or opportunities appear.
Does copyright registration create my copyright?
No. In the United States, your original song is protected by copyright as soon as you create it and capture it in a form that can be heard, read, or reproduced, such as a recording or written lyrics and music.
Does my distributor collect all of my songwriting royalties?
Not necessarily. Distribution of the sound recording and administration of publishing rights are different functions. Artists should understand which organization is collecting each type of royalty connected to their music rather than assuming the release platform handles everything.