(Hypebot) — Understanding the differences between publishing rights and master rights can make or break your music career. Learn how to protect your work, maximize your earnings, and avoid costly mistakes that could hurt your future in the industry.
Publication vs. usage rights
From: Brianna SchwartzPartner and co-founder of Schwartz & Schreiber, PLLC
This Thursday, Schwartz meets with his colleague and co-founder of Schwartz & Schreiber Alexis Schreiber to the Girls’s Worldwide Music Community livestream panel: #SheRocksIt: Authorized Know-How: Important advice for musicians and industry professionals.
As an entertainment lawyer, one of my frequent tasks is to help artists in their day-to-day work understand their publishing and master rights, decide when they should sell, why they shouldn’t sell, and help them think through the legal (and financial) ramifications of each decision. These rights are fundamental to an artist’s ability to manage, profit from, and protect their music, but it’s important that artists understand the nuances of each one so they don’t make mistakes that are difficult to undo.
There are basic truths about publishing and master rights that artists should know, but first let’s start with what each represents and the benefits they offer you.
Publishing rights
Publishing rights protect the underlying composition of the song, including melody and lyrics. This is the foundation of the song. Think of this as the blueprint of a house – all the inherent instructions and building blocks on how to build it. Once you own these rights, you can control multiple revenue streams. These include mechanical royaltieswhich come from reproductions such as album sales and downloads, and Efficiency royalties which are generated every time your song is played publicly, for example on the radio, at live performances or through streaming services. Synchronize royalties are earned when your music is paired with visual media such as television shows, films, or commercials. Additionally, you can earn money from sales of printed music and royalties for the main rights of theatrical productions.
However, when you give away your publishing rights – the basic building blocks of your song – you lose control over how your music is used and how you can profit from it. That means you have little to no say in these revenue streams, which can significantly impact your earnings and creative control.
Seize rights
Master rights, on the other hand, protect the actual sound recording of your song. While publishing rights are like the blueprints of the house, owning master rights is like owning the house itself. These rights cover the specific sound and connection captured in the recording. When you own master rights, you control the recording itself and the revenue streams associated with it. These include Licensing fees for digital efficiency from digital radio providers, Synchronization license fees for the use of the master recording in visual media, Streaming royalties from platforms like Spotify and YouTube and Sampling royalties from various artists sampling their master recordings.
When you give up your master rights, you lose control of those recordings and the revenue they generate. Labels used to own the master rights, but the landscape has changed significantly. Today, many artists retain those rights to maximize their revenue streams and maintain creative control. By retaining the master rights, artists can tap into numerous royalties beyond the original record deal. In addition, they have the option to license the master rights to a label for a period of time, usually in exchange for an advance.
Ball possession tendencies
From my experience as a client advisor, I generally recommend keeping the master rights whenever possible. I’ve seen cases where artists have negotiated deals with major labels without giving away those rights, and that’s becoming more common in the industry. For example, I recently had two clients in negotiations with Sony – one was considering giving away masters, and the other was holding the rights. I advised the latter against giving away the master rights. It’s just not as common these days, and is generally not recommended unless there are compelling, situation-specific reasons.
Useful tips: Master and publishing rights
Owning publishing and master rights provides a solid legal foundation that is essential for protecting your work in cases of plagiarism or unauthorized use. Registering your works with the copyright office is essential for enforcing your rights in court. This is an absolute must and I encourage all artists to start doing this. Registration is a prerequisite for filing a lawsuit and recovering damages, which can range from $750 to $30,000 per violation.
The Digital Millennium Copyright Act (DMCA) allows copyright owners to file takedown notices to remove infringing content from platforms like YouTube. This not only helps protect the copyrighted material, but also preserves the right to send cease and desist notices to the infringing parties. These notices can serve as a formal request to stop using the material and can open the door to negotiating licensing agreements if the infringing party wishes to use the work legally. Therefore, the DMCA process can be an important first step to both protect your rights and potentially reach a mutually beneficial agreement.
To own a master recording, get consent from everyone involved. That means everyone involved in its creation, including artists, sound engineers, and mixers. Use “work-for-hire” agreements to clear rights, then register the recording with the Copyright Office to formalize ownership. I also recommend memberships in organizations like SoundExchange, ASCAP/BMI, and MLC to collect royalties.
When deciding whether to assign your publishing or mastering rights, weigh the potential loss of revenue and control. By understanding and strategically managing your publishing and mastering rights, you can maximize your revenue and maintain your creative autonomy in the music industry.
About the creator: Brianna SchwartzAccomplice and co-founder of Schwartz & SchreiberPLLC, is revolutionizing music and entertainment law with a focus on GRAMMY® award-winning talent, festival creators, record labels and industry pioneers. With a background in music, entertainment and intellectual property law, she forges lasting partnerships with clients to achieve their long-term goals. Previously, as a senior associate at DiSchino & Schamy, PLLC, she led the music and entertainment department and managed an extensive intellectual property portfolio. Brianna’s journey began at the University of Miami, where she earned a Juris Doctorate and a Master’s in Music Business and Entertainment. She was admitted to the Florida Bar in 2016 and honed her skills through legal clerkships and entrepreneurial ventures. She is committed to philanthropy, supporting projects like the Miami Music Project. As a proud native South Floridian, she brings a dynamic attitude to her practice.
