Who Owns a Song? Masters, Publishing and Music Royalties Explained

When people say an artist “owns the song,” they may be talking about two different works. Copyright law separates the musical composition—the melody, harmony and lyrics—from the sound recording, the particular recorded performance commonly called the master.
The composition is generally created by songwriters and composers. Its ownership can remain with them, be shared among multiple writers or be assigned in whole or part to a music publisher. The percentage splits should be documented because those shares determine how composition income is divided.

Photo: cliff1066/Wikimedia Commons, CC BY 2.0.
The master is created when a performance is recorded and produced. It may be owned by the artist, a record label or another company, depending on the contract and who financed the recording. Owning the composition does not automatically mean owning the master, even when the same artist wrote and performed the song.
This separation explains cover versions. A new performer can record an existing composition under the applicable licensing framework, creating a new master while the underlying song remains owned by its composition rightsholders. The new performer does not acquire ownership of the original recording.
Streaming can generate money on both sides. The master side is generally paid through the recording’s distributor or label according to its agreement with the artist. The composition side includes mechanical and performance royalties that move through publishers, administrators and collecting organizations.
In the United States, the Music Modernization Act created a blanket licensing system for certain interactive streaming uses of musical works. The Mechanical Licensing Collective administers digital mechanical royalties under that system and works to match usage data with songwriters and publishers.
Public-performance royalties for compositions arise when music is broadcast, performed publicly or used through qualifying services. Performing-rights organizations license many of those uses and distribute money based on their rules and data. Sound recordings have a more limited U.S. public-performance right, including certain digital audio transmissions.
Film, television, advertising and video games introduce synchronization. A producer usually needs permission for the composition, often called a sync license, and separate permission for the particular recording, called a master-use license. Clearing only one side is not enough when the project uses both.
Sampling creates the same two-layer problem. Using part of an existing recording can implicate the master and the underlying composition. There is no universal number of seconds that is automatically safe. Permission, public-domain status or a valid legal exception must be evaluated for the actual use.
Artists sometimes re-record earlier albums because a new recording creates a new master. That does not erase the old master, and contractual restrictions may affect timing or presentation. The composition rights remain a separate question, which is why a songwriter may still receive composition income from both versions.
Catalog sales can involve masters, publishing rights or income interests rather than one simple object called “the music.” Headlines announcing a catalog deal should therefore be read carefully. A buyer might acquire full ownership, a partial interest, administration rights or only a defined royalty stream.
The practical lesson is to document ownership at creation. Split sheets, producer agreements, featured-artist permissions, sample clearances and accurate registrations help money reach the correct people. A song can become culturally famous in minutes, but its income follows the contracts and metadata built before and after the recording session.



Comments