Explainer · Masters and Publishing · Sampling · Interpolation
Master recording vs publishing rights: the two copyrights
Every recorded song holds two copyrights: the musical work and the sound recording. Who owns each, who has to agree, and who gets paid.
A recorded song carries two copyrights, not one. They cover different things, they are usually held by different owners, and they are cleared with different pieces of paper. The line between them decides who has to agree before a recording can be used, and who gets paid when it is.
A recorded song is two separate works
When you record a song, you may be creating two works that are protected by copyright: a musical work and a sound recording. They are subject to different rules, and they are commonly owned and licensed separately.
The musical work is the song's underlying composition along with any accompanying lyrics. It is usually created by a songwriter or composer.
The sound recording is the recording of that musical work. It can be created by the recording's performer, the producer, or others.
So one track you press play on involves both: the song as written, and one particular recording of that song. Which recording you mean matters, because the license covering a recording is the right to reproduce a specific recording of a song, and you clear that right with the record label that owns the specific recording you want to use. The right covering the song itself must be obtained from the copyright owner of the music, which is usually the publisher.
| Musical work | Sound recording | |
|---|---|---|
| What it is | The song's underlying composition plus any accompanying lyrics | The recording of that musical work |
| Usually created by | A songwriter or composer | The recording's performer, the producer, or others |
| License to put it in a film | Synchronization license | Master use license |
| Who you clear it with | The copyright owner of the music, usually the publisher | The record label that owns the specific recording |
Putting a song in a film takes two licenses
This is where the split stops being theory. Using a pre-recorded song or piece of music in a film requires clearing two different licenses.
The first is the synchronization license. That is the right to synchronize a song or a piece of music with your visual image, and it must be obtained from the copyright owner of the music, which is usually the publisher.
The second is the master use license. That is the right to reproduce a specific recording of a song in your film, and you clear it with the record label that owns the specific recording you would like to use.
Two licenses, two sets of signatures. A yes from the publisher does not hand you the recording, and a yes from the label does not hand you the song. Both sides have to agree before that recording can go under your picture.
Sampling and interpolation run on the same split
The difference between sampling and interpolating is the two copyrights in action, because each practice touches a different set of owners.
An interpolation is the recreation of a musical element, such as a melody or a lyric, in a new composition, which means a new recording gets created. By contrast, a sample reuses the original sound recording.
That difference decides whose permission you need:
- A sample touches both copyrights. You need clearance from both the songwriters and the owner of the master recording. Clearance, the process of acquiring permission to use a sample, can be complex and costly. Sampling without permission can breach the copyright of the original sound recording, of the composition and lyrics, and of the performances.
- An interpolation touches the song side. It requires new permission from the copyright owner of the song composition. It does not require permission from the copyright owner of other sound recordings of that composition, unless the sound recording is also sampled.
That last line is the whole lesson in one sentence. Re-recording a melody yourself means the original recording is not being reused, so the owner of that recording has nothing to license you. The owner of the composition still does.
Who gets paid on the musical work side
The two copyrights are not only cleared through different paperwork. On the musical work side, there are documented royalty streams with their own collectors, and the money arriving through one is not the money arriving through another.
Performance royalties are one stream. When ASCAP distributes royalties for a performance of your music, 50% goes to the writer(s) and 50% goes to the publisher(s). One performance, one payment, two destinations inside the musical work side.
Digital audio mechanical royalties are another. The MLC administers royalties for that specific set of rights for musical works, and it does not stand in for the other collectors: the royalties The MLC collects are different from those collected by SoundExchange and by performing rights organizations such as ASCAP. Mechanical royalties are separate from, and in addition to, the performance royalties you receive from ASCAP.
The practical takeaway is to be precise about which right you are talking about. Saying that a song earned money is not a single statement. It can mean a performance royalty split between a writer and a publisher, or a digital audio mechanical royalty administered by The MLC, and those are different rights with different administrators.
FAQ
What are the two copyrights in a recorded song?
A musical work and a sound recording. The musical work is the song's underlying composition along with any accompanying lyrics, usually created by a songwriter or composer, and the sound recording is the recording of that musical work, which can be created by the performer, the producer, or others. They are subject to different rules and are commonly owned and licensed separately.
Do you need two licenses to use a song in a movie?
Yes. Using a pre-recorded song or piece of music in a film requires a synchronization license from the copyright owner of the music, which is usually the publisher, plus a master use license from the record label that owns the specific recording you want to use.
Does an interpolation need master clearance?
Not on its own. An interpolation requires new permission from the copyright owner of the song composition, and it does not require permission from the copyright owner of other sound recordings of that composition, unless the sound recording is also sampled.
What does a sample need cleared?
Both copyrights. You need clearance from both the songwriters and the owner of the master recording, and that clearance process can be complex and costly.
How does ASCAP split performance royalties?
When ASCAP distributes royalties for a performance of your music, 50% goes to the writer(s) and 50% goes to the publisher(s). Those performance royalties are separate from, and in addition to, the digital audio mechanical royalties administered by The MLC.
Sources
- ASCAP's Articles and Advice FAQ: How To Acquire Music For Films
- What Musicians Should Know about Copyright - U.S. Copyright Office
- “Mechanical,” “Unmatched,” “Historical”: What Are the Differences between All These Royalties? - Copyright
- How It Works
- How to Collect Mechanical Royalties from The MLC - mechanical licensing collective, publishing royalties
- Joining ASCAP as a Writer? Here’s Why You Should Join as a Publisher, Too.
- What Musicians Should Know about Copyright, U.S. Copyright Office
- Interpolation (popular music), Wikipedia
- Interpolation vs sampling, MusicTech
- Sampling (music), Wikipedia