“A musician can own their music and still not control how it’s used—here’s why”
Most artists don’t understand the difference between publishing rights and master rights. This knowledge gap costs musicians millions in lost royalties every year. Many creators sign contracts without realizing they’re giving away control of their own work—sometimes permanently.
By the end of this guide, you’ll know exactly what you own, what you can license, and how to maximize your income from your music. Understanding music ownership isn’t just about legal technicalities—it’s about protecting your financial future and maintaining creative control over your life’s work.
Why this matters: The difference between owning your master rights and publishing rights can mean earning $5,000 versus $25,000 from the same song. When you understand these rights, you control how your music is used and how much money flows into your account.
1. What Are Master Rights?
Definition of Master Rights
Master rights represent ownership of the actual recorded version of a song—the audio file you hear on Spotify, Apple Music, YouTube, or any streaming platform. It’s the specific recording with your voice, your band’s performance, your production choices.
Think of master rights as ownership of the “master tape” from the studio session. When you go into a recording studio and create a professional recording, that finished product is the master. It’s distinct from the song itself (which is publishing).
Taylor Swift’s original recording of “Love Story” is a master right. When she re-recorded it as “Love Story (Taylor’s Version),” she created a new master right that she controls. The original version? Her record label still owns that master.
Who Owns Master Rights?
- Independent artists: You own your master rights (usually), unless you’ve signed a recording contract
- Artists on a record label: The label typically owns the masters per your recording contract
- Artists with production deals: Depends on your specific contract terms
How to check: Review your recording contract carefully. Look for clauses mentioning “master ownership,” “sound recording ownership,” or “exclusive recording rights.” If you’re unsure, consult an entertainment lawyer.
What Can You Do With Master Rights?
- License music for films, TV shows, and commercials (sync licensing)
- Earn money when your song is streamed on Spotify, Apple Music, YouTube Music, and other platforms
- Control who can sample your recording
- Monetize YouTube videos featuring your music
- License your music to video games and interactive media
- Grant permission for remixes and alternative versions
Master Rights Revenue Streams
| Revenue Type | Description | Who Pays |
|---|---|---|
| Streaming Royalties | Payment per stream on Spotify, Apple Music, etc. | Streaming platforms |
| Mechanical Royalties | When your recording is reproduced (sold, streamed) | Distributors, platforms |
| Sync Licensing | Use in films, TV, commercials, video games | Production companies, brands |
| Performance Royalties | Public performance of your recording (radio, venues) | SoundExchange, performing rights orgs |
2. What Are Publishing Rights?
Definition of Publishing Rights
Publishing rights represent ownership of the composition itself—the melody, lyrics, chord progression, and songwriting. This is separate from any specific recording.
Think of publishing rights as ownership of the “sheet music.” If you wrote a song, you own the publishing rights to that composition, even if someone else records it or if you don’t own the master recording.
The song “Love Story” composition (lyrics, melody, chords) = publishing rights. Taylor Swift owns this. It doesn’t matter whether it’s her original recording, a cover version, or someone else’s version—the composition rights belong to the songwriter.
Who Owns Publishing Rights?
- Songwriters: You typically own publishing rights if you wrote the song
- Music publishers: You own publishing if you signed a publishing deal
- Record labels: Sometimes control publishing depending on your contract
- Performing rights organizations: ASCAP, BMI, SESAC collect royalties on your behalf
The key distinction: You can write a song and not own the master recording. You can own a master recording and not own the publishing. They are completely separate rights.
What Can You Do With Publishing Rights?
- Earn royalties every time your song is played on radio, streaming, live performances
- License your song to other artists for covers
- Allow others to use your lyrics and melodies in their work
- Create and monetize derivative works (remixes, adaptations, mashups)
- Control how your composition is performed and used
Publishing Rights Revenue Streams
| Revenue Type | Description | Who Pays |
|---|---|---|
| Performance Royalties | Radio play, streaming, live performances, venues | Radio stations, streaming services, performing rights orgs |
| Mechanical Royalties | Every copy made or reproduced of your song | Record labels, distributors, Harry Fox Agency |
| Sync Licensing | Use with visual media (film, TV, commercials) | Production companies, brands, filmmakers |
| Digital Performance | Royalties from digital platforms | SoundExchange, streaming services |
3. The Critical Difference: A Real-World Example
Scenario: Your Song Gets Used in a Commercial
This is where understanding both rights becomes critical. Let’s explore three different ownership scenarios for the same situation.
Scenario A: You Own BOTH Master & Publishing
- Commercial wants to use your song
- They need permission from YOU for both master and publishing
- You can say yes, no, or negotiate price
- You collect both master royalties AND publishing royalties
- You earn 100% of the licensing fee
Scenario B: Label Owns Master, You Own Publishing
- Commercial wants to use your song
- They need master rights approval from your LABEL
- They need publishing rights approval from YOU
- Label collects master royalty portion (~50-70% of fee)
- You collect publishing royalty portion (~30-50% of fee)
- You must share fees with label
Scenario C: You Own Master, Publisher Owns Publishing
- You control whether they can use your recording
- Publisher controls whether they can use the composition
- You collect master royalty (~50-70% of fee)
- Publisher collects publishing royalty (~30-50% of fee)
- Again, you share income
The takeaway: In Scenario A, you might earn $100,000. In Scenarios B and C, you’d earn $30,000-50,000 for the exact same song. This is why owning both rights is so valuable.
4. How These Rights Are Bought and Sold
Selling Your Master Rights
- Who buys: Record labels, investment firms, music catalogs companies
- What you receive: Upfront payment (usually substantial) + royalty percentage
- What you lose: Future master royalties from that recording
- When this happens: Recording contracts, artist development deals, financial crises
Selling Your Publishing Rights
- Who buys: Music publishers, larger artists, investment firms, music catalogs
- What you receive: Upfront payment + ongoing royalty percentage
- What you lose: Control over how your song is used, future income potential
- When this happens: Career-changing deals, financial needs, retirement planning
Licensing vs Selling: Critical Difference
License: Temporary permission to use your music (you keep ownership and can license to others too). Licensing always reverts or expires.
Sell: Permanent transfer of ownership (you lose rights forever). Once sold, you no longer control that asset.
Remember: Licensing is ALWAYS better than selling if you can negotiate it. You keep the asset and continue earning income.
Real Example: Taylor Swift’s Re-Recording Project
The situation: Big Machine Records owned the masters to Taylor’s first six albums. Taylor owned the publishing, but not the master recordings.
Taylor’s solution: Re-record her albums and own the new masters completely. “Taylor’s Version” releases give her control over both master rights AND publishing for the new recordings.
Financial impact: Industry estimates suggest Taylor’s Version recordings will generate tens of millions in additional revenue over her lifetime.
Why this matters: This example shows that even after signing with a label, artists can reclaim control by re-recording. It’s an expensive strategy (studio time, marketing), but the payoff is enormous if you own both rights.
5. How to Register and Protect Your Rights
Registering Master Rights
- Step 1: Copyright registration with U.S. Copyright Office (or equivalent in your country)
- Step 2: File SR form (Sound Recording)
- Step 3: Include information about both recording and composition
- Cost: $65 per registration (online filing)
- Benefit: Legal proof of ownership, ability to sue for infringement, collect statutory damages
Registering Publishing Rights
- Step 1: Copyright registration for the composition with U.S. Copyright Office
- Step 2: File PA form (Musical Work/Composition)
- Step 3: Register lyrics, melody, chord progression information
- Cost: $65 per registration
- Benefit: Stronger legal position, easier royalty collection, proof of ownership for licensing
Registering With Performing Rights Organizations
| Organization | Full Name | Cost | What They Collect |
|---|---|---|---|
| ASCAP | American Society of Composers, Authors and Publishers | $50-200/year | Performance, broadcast, streaming royalties |
| BMI | Broadcast Music, Inc. | $50-200/year | Performance, broadcast, streaming royalties |
| SESAC | Society of European Stage Authors and Composers | Invitation-based or higher fees | Performance, broadcast, streaming royalties |
Key benefit: These organizations automatically collect royalties from radio, streaming services, live venues, and broadcast media. You don’t have to chase down every payment individually.
6. Income Breakdown: Where Your Money Comes From
If You Own BOTH Master & Publishing Rights
- Streaming (Spotify, Apple Music): Approximately 70% master royalties, 30% publishing royalties
- Radio play: 100% publishing royalties (paid by performing rights organization)
- Sync licensing (film/TV): 50% master + 50% publishing (negotiable based on deal)
- Live performances: 100% publishing (venues pay performing rights organizations)
- Mechanical royalties: 100% publishing (whenever song is reproduced)
Example: Your Song Streams 1 Million Times on Spotify
Master royalties: $3,500-4,000
Publishing royalties: $1,500-2,000
Total earnings: $5,000-6,000
Note: Rates vary by agreement, subscription tier, and country
If Rights Are Split (Label vs You)
Scenario: Label owns master, you own publishing. Same 1 million streams on Spotify.
Label takes: All master royalties (~$3,500-4,000)
You take: All publishing royalties (~$1,500-2,000)
Your total: $1,500-2,000 (vs $5,000-6,000 if you owned both)
Result: You’re earning 30-40% of what you’d earn owning both rights. This is why artists increasingly want to own their masters.
This demonstrates why owning both rights is so critical to maximizing artist income. The difference compounds over millions of streams and years of royalties.
7. How to Decide Which Rights to Keep vs Sell
Keep Your Master Rights If:
- You’re an independent artist with budget to self-record
- You expect long-term streaming revenue from your music
- You want creative and financial control over licensing decisions
- Your song has commercial potential (sync, sampling, commercials)
- You plan a long music career with multiple projects
Keep Your Publishing Rights If:
- You wrote the song (even if someone else records it)
- Song has potential for covers, remixes, samples by other artists
- You want passive income for life from your compositions
- Song might be licensed for films, TV, commercials
- You plan to build a music catalog worth selling later
When to Consider Selling Rights
- You need immediate cash for critical life needs
- Song has limited commercial potential
- You want to focus on creating rather than administration
- A credible buyer offers fair market value
- You have multiple other revenue-generating songs
Negotiating Terms: Key Clauses to Include
| Clause | What It Does | Why It Matters |
|---|---|---|
| Reversion Clause | Rights come back to you after X years or Y streams | Ensures you’re not giving away rights forever |
| Holdback Period | You can’t license elsewhere during contract term | Limits buyer exclusivity to protect your options |
| Territory | Specifies which countries the license applies to | You keep rights in other territories to sell separately |
| Term/Duration | How long the agreement lasts (e.g., 5 years) | Shorter terms are better; perpetual deals are dangerous |
| Royalty Rate | Percentage of revenue you receive | Higher rates mean more income for same usage |
Pro tip: Always negotiate for time-limited agreements. A 5-year deal is far better than “in perpetuity.” After the term, renegotiate or take your rights elsewhere.
8. Common Mistakes Artists Make
Mistake #1: Giving Away Both Rights in One Contract
The problem: You lose 100% of all income from that song forever. No streaming royalties, no sync licensing, no sampling rights.
The solution: Create separate contracts for master and publishing. Negotiate each independently. Never bundle them together.
Mistake #2: Not Understanding Your Recording Contract
The problem: You sign excited about getting signed, then later discover the label controls masters and you don’t realize it. You’ve surrendered rights unknowingly.
The solution: Have an entertainment lawyer review EVERY contract before you sign anything. Do not skip this step.
Mistake #3: Letting Others Sample Without Tracking Rights
The problem: You lose track of who sampled your song, what they paid, and royalties owed to you. Samples can generate significant income if properly licensed.
The solution: Use clearance services, keep detailed records of all uses. License through formal channels, not informal agreements.
Mistake #4: Not Registering Your Rights
The problem: Harder to prove ownership, collect royalties, and sue for infringement. You’re vulnerable to disputes.
The solution: Register with U.S. Copyright Office + performing rights organization immediately after creating each song. It’s cheap ($65-200) and essential.
Mistake #5: Signing Perpetual Agreements
The problem: You lose rights forever. Even if the deal was bad or the buyer isn’t helping you, you’re stuck.
The solution: Always negotiate time limits. “5 years” is better than “5 years with renewal option.” Perpetual deals should be the absolute last resort for extremely high payments.
9. How Publishing & Master Rights Affect Licensing
Licensing Requires BOTH Rights
When someone wants to use your song in a film, commercial, or other visual media (sync licensing), they need permission from BOTH the master owner and publishing owner. It’s not optional—it’s the law.
- Master rights holder: Must approve the use of their specific recording
- Publishing rights holder: Must approve the use of the composition/song
- Both must agree: Deal can’t happen without both parties saying yes
Cost of Licensing Both Rights
| Type of Media | Typical Licensing Cost | Master + Publishing Split |
|---|---|---|
| Major Film (theatrical) | $50,000-$500,000+ | 50% master / 50% publishing |
| TV Episode | $10,000-$50,000 | 50% master / 50% publishing |
| National Commercial | $25,000-$250,000+ | Negotiable (varies significantly) |
| Independent Project | $100-$5,000 | 50% master / 50% publishing |
Who Collects What During Licensing
- Sync license fee: Split between master owner and publishing owner (negotiated between parties)
- Ongoing royalties: Master owner and publishing owner collect separately from performing rights organizations
- Performance royalties: Publishing owner collects from performing rights organization (ASCAP, BMI, SESAC) automatically
Example scenario: A commercial wants to use your song. They negotiate a $100,000 sync license fee. If you own both rights, you get $100,000. If rights are split, you might get $50,000 and the other rights holder gets $50,000. This is why owning both is better.
10. Key Takeaways & Action Steps
What You Need to Remember
- Master rights = The recorded version (the actual audio file)
- Publishing rights = The composition (melody, lyrics, chords)
- You can own one without owning the other
- Both generate revenue, but from different sources
- Both are valuable and worth protecting
- Owning both rights maximizes your income significantly
Action Steps for Your Music
- Check your recording contracts to see who owns your masters (label, you, or split)
- Verify you own your publishing (or know exactly who does)
- Register copyrights with U.S. Copyright Office for all original works (SR form for masters, PA form for compositions)
- Sign up with ASCAP/BMI/SESAC for automatic publishing royalty collection
- Track all licensing agreements and confirm who approved each use
- Negotiate for ownership in future deals rather than accepting “work-for-hire” arrangements
When to Hire Professional Help
- Publishing deal negotiations: Hire entertainment lawyer ($200-500/hour) to review terms
- Copyright registration: Can DIY on copyright.gov, but lawyer review is safer (protect your interests)
- Licensing negotiations: Use clearance service or lawyer to negotiate fair rates
- Royalty disputes: Hire lawyer immediately if you notice missing payments or disagreements
Frequently Asked Questions
The most important action you can take today: Review your contracts, register your copyrights, and sign up with a performing rights organization. These three steps take a few hours and cost under $200, but they protect income that could amount to thousands or millions of dollars over your career.
Music ownership isn’t complicated—it just requires understanding the two rights and making intentional decisions about them. You’ve now learned exactly what you own and how to protect it.