What Rights Can Artists Assign?

Recently, the music industry has seen an increase in campaigns by artists seeking to regain their rights. These campaigns highlight the importance of artists fully understanding the implications of assigning their rights and taking measures to protect their intellectual property. When negotiating contracts and agreements, artists must be well-informed and seek proper advice to avoid situations where they lose control of their music and income.

Understanding the rights artists can assign is crucial for making informed decisions about their careers. By knowing their rights and the implications of assigning them, artists can negotiate more favorable agreements and ensure their interests are protected. This knowledge is especially important in the digital age, where music is distributed and consumed in many different ways.

In this article, we will explore the different rights that artists can assign, why they might choose to do so, and how they can protect themselves in the process.

Copyrights in Music

Composition Rights

Composition rights refer to the melody, harmony, and lyrics of a song. These rights are generally owned by the composer and lyricist and can be assigned to music publishers or collective management societies for administration.

Recording Rights

Recording rights, also known as master rights, refer to the recording of the musical performance of the composition. These rights are usually owned by the artist or the record label that financed the recording.

Public Performance Rights

These rights allow music to be performed in public places such as concerts, radio, television, and streaming platforms. Artists often assign these rights to collective management societies to collect and distribute the corresponding royalties.

Reproduction Rights

Reproduction rights allow the creation of copies of the music in any format, whether physical (like CDs and vinyl) or digital (like downloads and streaming). Artists can assign these rights to record labels or digital distribution platforms.

Synchronization Rights

Synchronization rights allow music to be used in sync with images in audiovisual media such as movies, TV shows, commercials, and video games. These rights are negotiated directly between rights holders and content producers.

Reasons for Assigning Rights

Financing

One of the main reasons artists assign rights is to obtain financing. Record labels and music publishers often provide advances and financial resources in exchange for a share of the music rights. This can help artists produce, promote, and distribute their music on a large scale.

Distribution and Promotion

Assigning certain rights can facilitate the distribution and promotion of music. Record labels, publishers, and digital distribution platforms have the resources and connections needed to ensure that music reaches a wide audience and generates significant income.

Collaborations and Licensing

Collaborations with other artists, producers, and media companies often require the assignment of certain rights. For example, allowing a song to be used in a movie or commercial can provide additional exposure and open new income opportunities.

Royalty Management

Collective management societies such as ASCAP, BMI, and SESAC collect and distribute royalties on behalf of artists. Assigning public performance and reproduction rights to these organizations ensures that artists receive fair and regular payments for the use of their music.

How to Protect Yourself When Assigning Rights

1. Understand the Contract

It is essential that artists fully understand the terms and conditions of any contract before assigning their rights. This includes knowing what rights they are assigning, for how long, and what the compensation will be.

2. Negotiate Favorable Terms

Artists should negotiate to obtain favorable terms that protect their interests. This can include clauses that allow for the reversion of rights after a certain period or in case of non-compliance by the other party.

3. Consult with a Lawyer

Working with a lawyer specializing in copyright and entertainment can help artists understand the legal implications of assigning their rights and negotiate fair and equitable agreements.

4. Maintain Creative Control

Whenever possible, artists should try to maintain creative control over their music. This allows them to make important decisions about how their work is used and protect their artistic integrity.

Assigning rights can be a necessary and beneficial strategy for artists, allowing them to access financing, distribution, and new income opportunities. However, it is crucial that artists fully understand the rights they are assigning and the implications of doing so. By negotiating favorable terms and consulting with legal professionals, artists can protect their interests and ensure a successful and sustainable career in the music industry.