What is the difference between Master Rights and Publishing Rights?
- Publishing rights belong to the writers of a song (“songwriters”). If there are multiple songwriters, publishing rights may be split up.
For example, “Say My Name” has seven songwriters. Beyonce and Kelly Rowland have shares of the song’s publishing rights, as do Latvia Roberson, Letoya Luckett, producers Rodkey Roy Jerkins (Darkchild) and Fred Jerkins (Uncle Freddie), and legendary behind-the-scenes R&B writer LaShawn Daniels. Publishing is split up by percent, so if two songwriters got together and contributed equally to lyrics and composition, the publishing rights would be split evenly, as 50 percent to each writer. In the case of “Say My Name,” seven writers may each have 14.2 percent, or maybe two writers have 25 percent and five writers have 10 percent, but it always adds up to 100 percent.
- Master Rights belong to the artists and musicians who create a recorded version of a song. When an artist signs to a record label, they generally grant the master rights to that label for a limited period of time, in exchange for the label’s support releasing the music.
For example, Orville Peck’s recorded cover of Bobbie Gentry’s “Fancy” belongs to his record label, Columbia, while the Publishing rights to the “Fancy” belong to Gentry herself, the original writer.
So, what does a fair record deal look like?
- A Master License means an artist is signing away master rights to a record label either for a set period, for example, two to five years.
- Master Ownership means an artist is signing away master rights to the record label forever.
What are the different ways you can get paid out for a record deal?For example, in late 2020, Kanye West published pieces of his record deal with Universal Music Group that assert the company’s ownership of masters for his first five records in perpetuity. While it’s unclear if West can or will actually give all G.O.O.D. music artists back the 50 percent share of their masters that are owned by the label, the idea that record labels were wrong to go after perpetual master rights is not novel.
- Net Profit Deals are record deals in which the label splits a percent of net profits with artists (after all their expenses and advances are recouped). This may look like “Net50,” or fifty percent of all profits, go to the artist once the label recoups their investment.
- PPD Deals are royalty-based deals seen in traditional recording contracts, and mean the artist is paid on a royalty-per-record basis, in the range of 13 to 17 percent of the “PPD Price” or Published Price to Dealer (essentially the wholesale price).
- 360 Deals are larger scale deals that entitle records labels to portions of every artist revenue stream imaginable, including touring, merchandise, endorsements, sync and other ancillary revenue like brand partnerships.
- Exclusive Recording Agreements are record deals in which the label owns every recording created by an artist during the term of the agreement. Non-exclusive record deals, on the other hand, clearly cover a certain number of album or track recordings and give the artist flexibility to record with other artists and labels.
- Commitment is the number of records the record label has to fund and release. Usually, there is a one-album commitment, but the label builds in their rights to gain control of the works to follow, via the next term.
- Options are built into record deals to assert a label’s right to future recordings, and an option means those rights to an artist’s next album can be automatically exercised by the label in return for a predetermined cash advance. This restricts artists from leaving their label deal after fulfilling their initial commitment, and keeps them in the deal for another body of work.
Options commonly present obstacles for artists with respect to future records. For example, old school deals saw a lot of three-year, six-album terms with one album commitment from the label, known as “1+5s.” Frank Ocean famously released Endless to fulfill Universal’s option to his next project after signing him before the release of Channel Orange. Days after he fulfilled the option with Endless, he released Blond independently, having escaped his deal by fulfilling his contractual obligations. It’s possible that Ocean increased his profit share from 14 percent to 70 percent of total revenues from Blond in doing so.
- Cross-Collateralization is a step further into financial danger for artists, concerning options. If a label has the option to release an artist’s next project and cross-collateralize the finances, this means album one may be earning revenue due to the artist, but that revenue is able to be applied to the label’s recoupment of its expenses on album two. Each record has to carry the weight of the others, and each album is less capable of becoming individually profitable for the artist.
- A non-exclusive master license with a two-year licensing window that sees the artist retaining full master ownership and the lion’s share of sales or streams with a Net Profit structure and limited options is an objectively progressive and “fair” way to work with a label. If an artist owns their own master rights, and doesn’t sign away too much of the music they’ve yet to record, they are in the best position to negotiate with record labels and build generational wealth.
How do advances work?
If you’re wondering how producers, featured artists, and other collaborators on recordings interact with master rights, collaborators generally work with the main artist or their label to sign Music Producer Agreements or Featured Artist Agreements. These kinds of agreements grant the collaborator upfront compensation and usually a share of revenue from the sales and distribution of the song, commonly referred to as “points on the master.” Either the label or the artist is responsible for reporting record royalties to contributors and producers.Last month, a tech startup called Createsafe developed a Record Deal Simulator as a financial modeling tool that allows artists to input the details of their recording deals (advance totals, agreed profit splits or royalty rates, promotional spends). The tool is designed to help artists figure out exactly how many sales and streams are needed for them to pay back their label and begin to see consistent revenue.
What does a fair music publishing deal look like?
- Traditional Publishing Deals mean a songwriter grants their control of the “publisher share” of the music they write to the publishing company. According to Songtrust, 100 percent of writer share still belongs to songwriters and should remain with songwriters in this kind of deal.
- Traditional “Co Pub” Deals mean a publisher gets 50 percent ownership of a songwriter’s publisher’s share when they sign. The songwriter keeps 100 percent of writer’s share, and 50 percent of publisher’s share—75 percent of total publishing royalties.
- Publishing Administration deals, or admin deals, do not involve handing any ownership over to the publisher. Admin deals help songwriters to keep track of and negotiate royalties and licensing fees. Instead of taking ownership of 50-75 percent of publishing copyright, a publishing administrator may take 15-25 percent revenue for a limited term, and require no transition of ownership, to look after the books and help artists with the fundamentals of publishing.
Distribution: How does music get to stores and streaming services?
- Physical Distribution concerns Vinyl (LPs), CDs, Cassettes, and any material versions of records. Production and manufacturing of these components can be a big job. Selling hundreds of units wholesale to physical retailers like Rough Trade and big box retailers like Target is the kind of work artists and indie labels generally look to distributors to help with. Distributors take an overhead fee of 10 to 25 percent off sales for physical distribution.
- Digital Distribution concerns the digital versions of records that are uploaded to stores and streaming platforms. Liaising between stores and streaming services, and tapping strong relationships with international streaming companies like Spotify, Apple Music, Deezer and Youtube are some of the valuable digital services of distributors. Securing placement on playlists, collecting digital ad revenue and making sure other channels are not infringing on recorded music copyright are all services under the umbrella of digital distribution. The overhead fee distributors take off digital sales is generally less than that of physical, since the distributor is quite literally doing less heavy lifting.
What is a Distribution Deal, and how is it different from other deals?
Synchronization: How is music licensed for use in TV and film, and who gets the money?
- Synchronization Rights are the rights to use music in TV, film and advertisements. If a film or TV producer wants to use a song in a movie, advertisement or episode, the producer will have to obtain permission from both the master and publishing owners of the song. This is known as obtaining synchronization rights, and the placement of a song in media is known as a sync. Both master and publishing owners or representatives maintain synchronization rights.
- Most Favored Nations or “MFN” is mentioned frequently in synchronization licenses, and means an equal fee will be paid for master and publishing rights.
- Performance Rights are secured by television networks and major stadiums and venues, and they are ruled by national performance rights organizations or PRO’s. Whenever an artist’s song is played publicly or broadcasted, royalties are generated, and the PRO’s collect performance royalties on artists behalf and administer them checks. BMI, ASCAP and SESAC are the largest PRO’s in the United States. If an artist signs a publishing or publishing admin deal, performance royalties are looked after by the publisher, who takes a cut.
Royalty Streams: How does music actually make money?
- Master Royalty Streams generate revenue to artists and record labels who control master rights.
- Sales Royalties are generated from physical and digital purchases of records.
- Streaming Royalties are generated from digital streams on Spotify, Apple Music, Google Play, Youtube RED, Deezer, and all the music platforms in the world. According to Forbes, the per stream rate is somewhere between $0.0006 and $0.0056—a fraction of a penny per listen. So, 1 million streams equates to roughly $5,000.
- Sync Royalties are generated from TV, film and advertising producers paying for the rights to use master recordings.
- Publishing Royalty Streams generate revenue to songwriters, or publishers who control publishing rights.
- Mechanical Royalties are generated from labels licensing the rights to produce songs in physical and digital form. Record labels that release music in recorded form need permission, in the form of a mechanical license, to sell the recordings. Mechanical royalties are paid by labels to songwriters and publishers. If an artist wants to record a cover of someone else’s song, they (or their label) need a mechanical license from the writers of that song to release their recorded version. This ensures that the original writers continue to monetize their songs being commercially released by other recording artists. These royalties come into play when artists sign to labels. Independent artists who release their own music and own their own master and publishing rights don’t need to pay themselves for mechanical rights, but if an artist is signed to a label and self-published, the label is obligated to pay the artist mechanical royalties.
- Sync Royalties are generated from TV, film, and advertising producers paying for the rights to use songs.
- Performance Royalties are generated through performance rights organizations like BMI, ASCAP and SESAC when songs are performed publicly.