Most albums are released by record company, with record company owning the master recording,
which is the ℗ copyright. This means the record company collects the royalties for that
recording and controls licensing as well.
© copyright is owned by a single publishing company or multiple, usually based on who wrote the song.
There’s apparently (???) no reason why both © and (P) can’t be owned by writers based on split sheets.
The main problem would be in making decisions on licensing.
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*** STUDY THIS ***
https://daeboganmusic.com/2017/02/28/a-primer-on-music-publishing-rights-splits-and-royalties-for-confused-artist-managers/
Generally, the artist and record company split income based on the terms of a recording contract. The exception is neighbouring rights, hometapping/private copy, and DART royalties. All of these royalties are collected and paid out by agencies directly to the artist and record company. SoundExchange pays out digital performance royalties for non-interactive Internet services (e.g. Pandora), satellite (e.g. SiriusXM), cable (e,g. Music Choice), and over 2,500 other webcasters (e.g. iHeart Radio and Slacker). SoundExchange is our only version of “neighbouring rights” in the U.S. SoundExchange pays 45% to the artist, 50% to the record company, and 5% to background vocalists and session musicians via AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund. Digital services pay master streaming royalties directly to your distributor/aggregator. There is a fund for hometapping/private copy and DART royalties paid out by Alliance of Artists and Recording Companies to artists (50%) and record companies (50%) because, among other reasons, in some countries (like Japan and Netherlands), music is rented much in the way we rent DVDs. Overseas, masters also earn neighbouring rights royalties (performance of masters on radio, TV, movies, etc.). The only way to capture these royalties is to sign up with a neighboring rights agency like Kobalt Music or Symphonic Distribution.
A five member band put out a new song. Only two members wrote the song, but all five members performed on the recording. The two writers would split the COMPOSITION/SONG ownership, and each of the five members will receive a share of the featured artist share of SoundExchange royalties. Master sales/streaming royalties will have a different split.
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WHO OWNS A BAND’S MASTER RECORDINGS?
http://www.alankorn.com/article-band-recordings.html
Ownership of the band’s sound recordings will likely depend on who is the “author” of these recordings. Because the performer is typically the “author” of a sound recording, it is likely that all three band members are joint authors of this copyrighted material (assuming there was no written agreement between them stating otherwise). If the sound recordings are jointly authored, any band member can license these recordings on a non-exclusive basis, so long as they pay the other co-authors their pro-rata share of earnings. Of course, it is still necessary to obtain permission from the copyright owners of the compositions before releasing these recordings. But assuming the songs were co-written by the entire band, any one band member could also grant this permission.
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What Rights Do You Have in a Sound Recording You Play On?
https://lawyerdrummer.com/2017/01/rights-you-have-in-sound-recording/
A starting point is understanding the two main copyrights in a recording: one in the written composition (the songwriting copyright) and one in the recording of that composition (the sound recording copyright).
… one writer can stop the other writers from using a co-written song, unless something is put down in writing between them.
… any single member can stop the others from exploiting recordings that contain their performances. This comes as a surprise to many of my clients, and is why the Band Agreement is so important.
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https://support.unitedmasters.com/hc/en-us/articles/27133687546899-Publishing-Admin-FAQ
Royalty-Free Sample Loops Generally speaking, writers are free to register a work containing a copyright-free sample or loop from platforms such as Splice, Logic and Garageband etc. We strongly advise writers to consult the terms and conditions of the specific platform from which they are taking a sample before doing so. Writers are unable to register a stand alone loop or sample as an original and individual song. The loop must be contained as part of a new song.
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Music Law – Interview with Music Attorney, Cassandra Spangler
https://www.youtube.com/watch?v=v37fK4rI5xg
https://www.cspanglermusiclaw.com/
copyright 10 songs together
who owns the masters?
trademark search for biz name
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How Royalties Work for Producers, Songwriters, Artists, Labels
https://www.youtube.com/watch?v=nC_4xxs28Fo
songwriting = producing
songwriters get royalties
2 copyrights for every recording:
1- on the actual recording, owned by artist or label or…
2- on the song by the writer
producers… can be persons playing on the song, can get ‘master’ royalties, which is for the recording only
PRO for publishers. songwriters
mechanical royalties, for songwriters
labels and artists make 80% of streaming dollars, writers/publishers get 20%
master royalties for artists/labels/producers – sound exchange
digital performance rights – sound exchange (digital radio, pandora, etc.)
record labels and artists BOTH register w/sound exchange, OR claim both if there’s no label
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· If I produce a recording and have other musicians on my recording, what are their rights and my rights? – Typically, it’s one of two things. 1) If they are “in the band” and are co-songwriters, they generally share copyright ownership and a percentage of the royalty. 2) If they are not “in the band,” their contribution can be considered a “work for hire” and they should be paid a fee for their services. In order to avoid copyright claims down the road, it is highly recommended that in exchange for that fee, they be asked to sign a work for hire agreement.
[Ref.]