Do Artists Have to Split Royalties with Non-Writing Musicians?
The question of whether artists must share their royalties with non-writers who contributed to their songs has been a matter of contention for decades. Understanding the dynamics of these financial arrangements can be complex, especially with the evolving music industry. This article will explore the nuances of songwriting credits, copyright, and the reality of financial splits in the contemporary music landscape.
Songwriting Credits and Royalties
Before diving into the specifics of royalties, it is essential to understand the role of songwriting credits in the music industry. It all starts with determining who deserves the writer's credits. Traditionally, agreements and collaborations between artists have played a crucial role in defining these credits. For instance, Lennon and McCartney were known to jointly claim authorship of many Beatles' songs, even when one party had minimal or no direct involvement.
However, in today's era, the concept of "co-writer" is becoming more nuanced. A musician who significantly enhances a song with a unique musical motif is often seen as contributing to the writing. This has led to more extensive lists of writers for contemporary hits, potentially including anyone who jammed during the song's creation. Even non-writers, such as corporate decision-makers or colleagues in need of financial support, may occasionally receive credits.
Song Copyright: The Heart of Royalties
Song copyright is the fundamental right to ownership of the composition itself. This is the right that publishers assign and agents such as MCPS/PRS UK or ASCAP USA (in the US) register. Each country has its own collection and distribution mechanism. From a financial standpoint, each songwriter can potentially earn from one song performed and released by various artists, even if multiple authors are involved.
The typical split for songwriting is 50/50 between the lyricist and the composer. In rap music, the rapper often serves as the lyricist, while the beats producer is the composer. A songwriter is typically someone who contributes to both aspects of the composition. Track releases can be straightforward for popular songs, but obtaining permission for cover songs can be challenging, especially for less known songs.
Phonographic and Performance Royalties
Phonographic copyright applies to the recording and is collected by agencies like PPL UK. Usually, the record label owns this right, but sometimes it can belong to the producer or studio. If the artist paid for the studio session, they may own the phonographic copyright. Similarly, performers receive a small portion of the proceeds from public performances, but they do not earn royalties from their own live performances.
Performance royalties vary by country. Terrestrial radio stations in the USA do not pay performance royalties, but online ones do. Performers also do not earn royalties on their live performances, as it is customary to receive a fee instead.
Design Copyright and Other Considerations
Copyrights also extend to the design and artwork on record sleeves, which are managed by the artists or the record labels. Permission is often required for using this copyrighted material. The date on a record sleeve typically indicates the design copyright, not the music recording, which is listed on the internal notes or on the record label. In the digital age, online stores may display the song's copyright date or the recording's release date.
Arrangement copyrights mainly pertain to printed music scores. Publishers may contract for arrangements, ranging from piano scores to full orchestras, and these have their own copyrights. Loops, samples, and parodies are controlled by the record labels who own the original recordings. Permission for their use is mandatory, and royalties are disbursed to the original owners.
Producers, while not default rights holders, often negotiate royalties on sales instead of up-front fees. Some producers now hold part or all of the music composition and may contribute lyrics, making them co-songwriters. Video producers own their visuals but may transfer rights for payment. Finally, sync licensing for film and video use typically exempts performance and mechanical royalties.
Conclusion
The landscape of royalties and songwriting credits continues to evolve. While artists may not always need to share royalties with non-writers, the reality of modern music production complicates these arrangements. Understanding the various copyrights, agreements, and financial splits is crucial for navigating the complex world of music royalties and credits.