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Singer-Songwriter Copyrights

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If you write and record your own songs, then you are affected by two separate copyrights.

The first is the copyright for the song itself (that’s lyrics and music).
The second is the copyright for the recording of the song. If the song is recorded multiple times, by multiple artists or even by the same artist, then there are as many recording copyrights as there are versions of the song on tape (or in files, as the case may be).

The writer, along with any co-writers, owns the copyright to the song.
The recording, on the other hand, may be owned by all the people who played or sang on it, and the producer and engineer may also own part of it. It just depends on who made a creative contribution to the recording. The only person involved in a recording that NEVER has an automatic ownership share is the person who pays for it. That doesn’t mean the moneybag isn’t entitled to get paid back, but the moneybag never owns the copyright just because they paid for the whole thing.

Common practice is for hired musicians and others to sign written agreements waiving any rights they may have to future royalties in exchange for whatever payment they have agreed to accept for playing on the recording. They also grant one person or company the exclusive right to license the recording. Essentially, these agreements mean the musician gives up any right he or she may have otherwise had to the copyright in the recording, leaving you free to make all decisions and collect all money (subject to any other agreements you have). When you record a song, it is vitally important to make sure that you have written agreements with all the participants so that you can grant clear licenses in the future.


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