How does the US Copyright Law assign music publishing royalties?
In the US, copyright law itself doesn't directly assign music publishing shares. The sharing of publishing rights and royalties happens through contractual agreements between creators, most commonly outlined in a split sheet. These agreements are independent of copyright ownership, which can be separate.
Who Owns the Copyright?
- Copyright ownership can belong to one individual (composer means lyric writer and composer of the music score/melody), multiple collaborators (band members), or even a company that commissioned the work.
- Copyright registration gives legal protection to the owner and helps enforce their rights.
Splitting Publishing Rights:
- Publishing rights (mechanical licenses, synchronization licenses, public performance licenses) are distinct from copyright and often licensed by the copyright owner, but can also be owned separately.
- Split sheets determine how those publishing rights and royalties are divided among collaborators and/or publishers.
- Negotiation and agreement are key! There's no standard formula, and shares can vary depending on factors like:
- Contributions: Percentage of music, lyrics, concept each creator contributed.
- Bargaining power: Established artists might negotiate larger shares.
- Industry norms: Certain genres might have standard splits.
- Type of publisher: Some offer co-publishing, where royalties are split further.
Common Music Publishing Split Examples:
- 50/50: Equal share between writer and publisher.
- Writer's share: Larger percentage for the writer (e.g., 60/40, 70/30).
- Co-writing splits: Varying shares among collaborating musicians/lyrics writers.
Important Points About Music Publishing Royalties
- Split sheets are legally binding contracts, so careful review and consultation with legal counsel are crucial.
- Publishing shares don't necessarily reflect copyright ownership.
- Fair use guidelines allow limited unlicensed use of copyrighted material for specific purposes.
