A recorded song involves two separate works: the composition (publishing) and the sound recording (master). The composition covers the melody, lyrics, and arrangement. The master covers the specific recorded performance. Each generates its own royalties, can be owned by different people, and can be sold or licensed independently. Confusion about which right is which can lead to money disputes.
You wrote a song. You recorded it. You released it. Who owns what?
If you did everything yourself with no deals in place, you own both the publishing and the master. But the moment you sign a publishing deal, a record deal, or even a distribution agreement with certain clauses, those rights can split in different directions.
This guide breaks down the two copyrights, what each one controls, and how various deals affect your ownership. If you are still building foundational knowledge, start with the music copyright basics guide.
The Two Copyrights in a Recorded Song
Publishing (The Composition)
The composition is the underlying song: melody, lyrics, harmony, and arrangement. In the U.S., copyright protection starts when you write it down or record it. You could write it on a napkin, and that napkin represents a copyrightable composition.
Who creates it: Songwriters and composers.
Who owns it by default: The songwriter(s), split according to their agreement.
What deals affect it: Publishing deals, administration deals, co-writing agreements.
Royalties it generates: Mechanical royalties (from reproduction), performance royalties (from public performance), sync fees (composition side), and print royalties (sheet music, lyrics).
Master Rights (The Sound Recording)
The master is the specific recorded version of the song. The audio file. If ten different artists record the same composition, there are ten different masters, each with its own copyright.
Who creates it: The performing artist and recording team.
Who owns it by default: In the U.S., the recording's author(s), usually performers and producers, unless it is a work made for hire or rights have been transferred. Paying for the recording does not establish ownership. Read your contracts carefully.
What deals affect it: Record deals, distribution deals with ownership clauses, producer agreements.
Royalties it generates: Streaming and download revenue (master share), sync fees (master side), neighboring rights royalties, and physical sales revenue.
How the Rights Split in Practice
Scenario | Publishing Owner | Master Owner |
|---|---|---|
You write and record everything yourself, no deals | You (100%) | You (100%) |
You co-write with another songwriter, record yourself | Split with co-writer | You (100%) |
You sign a publishing deal | Depends on deal; administration leaves ownership with you | You (100%) |
You sign a traditional record deal | You (unless bundled) | Label (typically) |
You sign a 360 deal | You, unless publishing rights are also transferred | Label (typically) |
You use a standard distributor | You (100%) | You (100%) |
This table is the reason ownership matters. Every deal you sign changes who controls what. For independent artists who have not signed any deals, the default is full ownership of both rights.
Publishing Deals and What They Change
A publishing deal gives a publisher ownership, licensing or administration rights over your compositions in exchange for services and, in some deals, an advance.
Traditional Publishing Deal
You assign your copyright to the publisher. They own it, administer it, collect royalties, and pitch it for sync and covers. In exchange, you receive an advance (recoupable from royalties) and a percentage of income. Typical split ranges from 75/25 to 50/50 (artist/publisher) depending on your bargaining power. The term is often tied to a specific number of songs delivered, plus a retention period that can last years after the deal ends.
Co-Publishing Deal
In a typical co-publishing deal, you keep 50% of the copyright and the publisher gets 50%. You receive 75% of income in the common split: the 50% writer's share plus 25% from half of the publisher's share. This is more favorable than a traditional deal because you retain partial ownership.
Administration Deal
You keep 100% ownership. The administrator collects royalties and handles paperwork in exchange for a percentage (typically 10-20%). This is the most artist-friendly structure. You retain full ownership, while delegating the administration rights covered by your agreement. The administrator is a service provider, not a co-owner.
For deeper detail on publishing structures, see the music publishing guide.
Record Deals and What They Change
Record deals primarily affect your master rights, though modern deals often reach into publishing as well.
Traditional Record Deal
The label funds recording and owns the masters. You receive a royalty (typically 12-20% of revenue) after recoupment of their investment. You do not own the recordings you made. Eligible post-1977 U.S. grants can be reclaimed through formal termination, generally after 35 years, despite perpetual contract wording; works made for hire are excluded, and contractual reversion clauses are separate.
License Deal
You own the masters. The label licenses exclusive rights for a defined period (typically 5-10 years). After the term, full rights revert to you. This is more artist-friendly but typically comes with smaller advances.
360 Deal
The label takes a percentage of multiple income streams: masters, touring, merchandise, and often publishing. In exchange, they may invest more heavily in your career. These deals expanded as labels sought other income during the decline in recorded music revenue caused by unauthorized file-sharing. They can be beneficial if the label genuinely supports all revenue streams, but they reduce your income share and can limit your control without transferring ownership of every income source.
Distribution Deal
Pure distribution deals do not affect ownership. You keep your masters and pay a fee or percentage for delivery to platforms. Some "distribution plus" deals blur this line, so read carefully.
Why Ownership Matters
Control Over Your Career
If you own your masters, you choose how to license and distribute them, subject to existing agreements and platform rules. You can re-release, repackage, and use your catalog within those limits. If you own your publishing, you control sync approvals, subject to any rights you have granted. U.S. law allows qualifying cover releases through compulsory mechanical licensing.
Long-Term Income
Catalogs can generate royalties throughout the copyright term. In the U.S., works created from 1978 generally last for the author's life plus 70 years. Works made for hire generally last 95 years from publication or 120 from creation, whichever ends first. Owning your rights means that income flows to you (and eventually your heirs) rather than to a company.
Taylor Swift's re-recording of her catalog demonstrates how much ownership matters. If she owned her original masters, the re-recordings would not have been necessary.
Exit Value
Rights have sale value. If you ever want to sell your catalog (as many artists have done for significant sums), you can only sell what you own.
How Royalties Flow Differently
Understanding which royalties flow from which right helps you track what you are owed.
From the Composition (Publishing)
Performance royalties. Paid by PROs (ASCAP, BMI, SESAC) when your song is performed publicly. Split between the songwriter and the publisher.
Mechanical royalties. Paid when your composition is reproduced (streams, downloads, physical). Collected by the MLC, Harry Fox Agency, or your publisher/administrator.
Sync fees (composition share). Negotiated per placement. Split between songwriter and publisher according to your deal.
From the Master Recording
Streaming and download revenue. Paid to your label or distributor, who pays you under your agreement, minus applicable recoupment or fees.
Sync fees (master share). Negotiated per placement. Paid to whoever owns or controls the master.
Neighboring rights. Paid for qualifying broadcasts and public performances of recordings. In the U.S., SoundExchange collects statutory royalties from non-interactive digital services, including internet and satellite radio. For overseas collections, use local neighboring rights organizations or authorize SoundExchange to collect through its international partners.
For a complete breakdown, see the music royalties explained guide.
Common Ownership Mistakes
Assuming your distributor is your publisher. Distribution handles masters. Publishing handles compositions. They are different systems, different registrations, different royalty streams.
Not registering with a PRO. If you wrote the song, you are a songwriter. Register with ASCAP or BMI to collect performance royalties on your compositions.
Not ensuring your works are registered with the MLC. The Mechanical Licensing Collective collects U.S. digital mechanical royalties. If you self-administer, register your works and shares. If a publisher, administrator or CMO collects for you, confirm they have registered them.
Signing deals without understanding what you are giving up. Every deal transfers something. Know what.
Not documenting splits with collaborators. If two people wrote a song, who owns what percentage? Get it in writing before release.
FAQ
Can I own my masters but not my publishing?
Yes. These are separate rights. You could sign a publishing deal while keeping your masters, or sign a record deal while keeping your publishing.
If I cover someone else's song, who owns what?
Ownership of your new master depends on authorship and contracts; the underlying composition remains with its existing rightsholders. In the U.S., mechanical royalties are due for interactive audio streams, downloads, and physical copies of copyrighted compositions. For U.S. streams covered by the MLC blanket license, the service pays them; for physical copies and other uses, arrange the required licensing and payment.
Do producers get publishing or master rights?
It depends on the agreement. Producers who contribute to the composition may receive publishing. Most producers receive "points" on the master regardless of composition contribution.
How do I know who owns my masters?
Check your contracts. If you created the recordings entirely yourself outside a work-for-hire arrangement and have not transferred the rights, you own them. If others contributed or a label funded recording, check authorship and any work-for-hire or ownership agreements.
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Knowing who owns the master and the song only helps if it's on record. Orphiq keeps songwriters, publishers, splits and codes with each song, and Apollo, Orphiq's AI music strategist, can explain a rights question before you sign anything.