Master Recording and Song Rights' Ownership

[Krusky]

Can anyone clarify the statement "You must own or control both master recording and song rights"?

Does that mean that you can have no other publishing deals, exclusively or non-exclusively, involved with the track in question at all? No other writers, etc.?

Appreciate any feedback.

[mazz]

Here's my understanding of the terms:

Master recording rights basically means that no one else has any claims on your recording or any royalties from it. If you recorded the whole thing in your home studio and were the only player on it, then you own the master rights. Things get more complicated if you had a demo recorded in Nashville, for instance, or if you had other players play on the recordings. In that case, you'd have to have signed documents from the players stating that they have no further participation in any money generated from the exploitation of the recording (the master). Basically what the publisher/library is saying is that you warrant that the recording is "clean" with no other claims to it or any impediments to it's being exploited by them. A band song would probably need to have all the band members to sign a similar agreement possibly unless they are co-writers (see below), not sure about that part. The band members that aren't writers would have to sign a release. If you have a separate agreement with the band members that you will personally pay them royalties if you receive any, then you should have that in writing in case one of them decides to go after the publisher.

The song rights basically means that you have the power of attorney to sign the contract with the publisher. If you are the only writer, then no big deal, you have it. If you have a co-writer, then you need to have an agreement in place that gives you control over the right to publish the song. How that agreement is structured is up to you and the co-writer(s) but basically again the library needs to know that they can freely publish and try to sell your music with no one else coming back later surprising them by claiming some ownership that you didn't reveal to them up front when you signed the contract.

So if you are able to say that you have full control over the right to sign both the song and the recording of the song to the publisher with no strings attached other than possibly co-writer and/or musician's work for hire release forms, then you're good to go.

HTH,

Mazz

PS: Pick up this book. We all need this and a few others as out bible:

http://www.amazon.com/Need-Know-About-M ... 776&sr=8-1

[Krusky]

Thanks, Mazz. Yes, it does help. I was pretty clear on the writing/co-writing. But when it came to the publishing side of things, I was less certain. Especially with the exclusive and non-exclusive deals. I'll check out the book. Appreciate it.