Understanding Music Ownership: Rights and Agreements

Ownership of Music and Lyrics

• In England and Wales, the author of music and lyrics is the first owner of those works.
• This ownership persists unless the works were created in the course of employment, which is not the focus here.

Rights as a Writer

• As a writer, you start by owning your creations. The legislation grants you various rights, including:

  • The right to copy your works
  • The right to publicly perform them
  • The right to adapt them

• Many of these rights can be transferred to a publisher under an exclusive publishing deal, but some will be retained.

Public Performance Rights

• Public Performance Right: This right is usually retained, especially if you are a member of PRS or another collection society.
• When you assign certain rights to PRS, you can also assign some to the publisher.

Songwriting Rights and Record Labels

• When entering a deal with a record label:
  • You typically grant services to the label, meaning they will want to own the results of those services.
  • As a result, the record label usually owns the rights to the sound recordings you create.

Term and Negotiation of Rights

• The duration and terms of these rights depend on the contract.
• It is becoming common for artists to negotiate a license deal, which means rights will revert to the artist after a specified period.
• In some cases, artists may not have that option, and labels may retain rights for the duration of copyright.

Sound Recordings and Collection Societies

• In the UK, the collection society for sound recordings is PPL. They have various rights related to sound recording rights.
• This field can be quite complex.

Seeking Guidance

• It is advisable to consult with collection agencies and societies to understand your rights and obligations clearly.
• The specifics of your deal with a publisher or record label will greatly influence these aspects.