Jun 10, 2025

Rights of Musicians

key rights of musicians relevant to contracts:

  1. Economic Rights Authors of musical works possess exclusive economic rights, which grant them the authority to authorize or prohibit certain acts, including reproduction, distribution, public performance, adaptation, broadcasting, and other communication to the public. Performers and producers of sound recordings also have related rights, such as the right to authorize or prohibit reproduction, distribution, rental, and the making available of their sound recordings to the public. These exclusive rights are fundamental to licensing and assignment contracts.
  2. Moral Rights Musicians, as authors and performers, also hold moral rights. For authors, these include the right to be named as the author (attribution right) and the right to object to distortion, mutilation, or other derogatory action in relation to their work that would be prejudicial to their honor or reputation. Performers have the right to claim identification as the performer and to object to any distortion, mutilation, or other modification of their performances that would be prejudicial to their reputation. Moral rights generally subsist independently of the performer’s economic rights, even after the transfer of those rights. However, the ability to alienate or waive moral rights through contract can vary by country. In some jurisdictions, like France, moral rights may be inalienable, while in most common law countries, they may be transferred or waived through written agreement.
  3. Right to Remuneration/Royalties Musicians are entitled to receive financial compensation for the use of their works and performances, often in the form of royalties.
  4. Mechanical Royalties: Paid when a copy of the song (composition) is reproduced or distributed. In some systems, the rate is set by law, but can be negotiated in licensing agreements.
  5. Performance Royalties: Paid for the public performance or broadcasting of musical works.
  6. Equitable Remuneration: In some jurisdictions, performers and sound recording producers are entitled to a single equitable remuneration when sound recordings published for commercial purposes are used directly for broadcasting, other communication to the public, or public performance. This remuneration is typically paid by the user to the producer, who then shares a portion with the performers, unless otherwise agreed.
  7. Digital Performance Royalties: In certain contexts, like digital audio transmission, owners of sound recordings (labels and performers) have specific rights to remuneration
  8. Licensing: Musicians can grant licenses to others, giving permission to use their works or performances under specific terms and conditions. This is a primary way for copyright owners to exploit their works commercially, often requiring payment of a flat fee or periodic royalties. Exclusive licenses are typically valid only if they are the subject of a written contract signed by the parties. Voluntary license arrangements are common, even where compulsory licensing provisions exist. Licensing agreements define the scope and extent of granted rights, including limitations on territory, field of use, and exclusivity
  9. Assignment/Transfer of Rights: Musicians can assign or transfer ownership of their rights to others. A transfer of copyright ownership, other than by operation of law, is generally not valid unless it is in writing and signed by the owner. Contracts for future grant of rights are also enforceable
  10. Co-Writing Agreements: When musicians collaborate on a song, they become co-owners. If no initial agreement is reached, courts may presume equal ownership. A written agreement is crucial to define ownership percentages, how income from licensing is shared, and who receives writer’s credit

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