Who Owns the Master When You Record Someone Else?
By Written by Peter McVeigh
Who owns a recording isn't always who you'd expect. Here's who the law may treat as the owner, and why it should be in writing.
The master is the recording itself. Whoever owns it controls how it can be released and licensed, and usually receives the income from it. So when an engineer or producer records someone else's music, it's worth being clear who ends up owning it.
The answer isn't always obvious, and it's not always the person holding the files.
Two different copyrights
A song and a recording of that song are separate rights. Owning the master doesn't mean you own the song, and writing the song doesn't mean you own the recording. This article is about the recording. Our other guides on splits deal with the song.
The position in the UK
Under the Copyright, Designs and Patents Act 1988, the author of a sound recording is its "producer", and the author is normally the first owner. Confusingly, the legal "producer" isn't necessarily the person with that job title in the studio. The Act uses the word for the person who makes the arrangements necessary for the recording to be made. That often points to whoever organised and paid for it, but it can be disputed.
That's why a written agreement matters so much. It can settle who owns what, regardless of who booked the studio.
The position in the USA
US law looks at it differently, and who owns a recording can depend on who contributed creatively and on what has been agreed in writing. A contract might transfer the rights, or say the work is made for hire, and whether that works can depend on the situation. Ask a US lawyer rather than relying on a general rule. We also have an article on work-for-hire contracts that explains the idea.
Common situations
Situation: Who probably should own it: What to get in writing
Artist pays engineer a fee for a session: The artist, in most arrangements: Engineer transfers any rights once paid
Producer records an artist on spec, for no fee: Needs agreeing: could be the producer until paid: Who owns it now, what triggers a transfer, and the price
Label pays for the recording: The label, under its contract: The label contract, and the producer's agreement
A band pays together: The members, in agreed shares: A band agreement saying what happens if someone leaves
Ownership on payment
A common arrangement says that the client owns the recordings once the fee has been paid in full. It gives the person doing the work some protection, and gives the client certainty. Both of our practice contracts, the Recording Engineer Contract and Music Producer Contract, use this approach so you can see the wording.
The key word is often "assign", which means formally transferring a right. In UK law, an assignment of copyright needs to be in writing and signed by, or on behalf of, the person giving up the right. A text saying "yeah, it's yours" may not do the job.
What about session files?
Having the session files doesn't necessarily mean you own the recording. And owning a recording doesn't automatically entitle you to every project file, stem or preset used to make it. Say in your agreement what is handed over and when. Many problems here come from nobody having discussed it until the relationship has gone wrong.
Performers have rights too
Musicians on a recording can have their own performers' rights, separate from ownership of the master. A clear session agreement should give consent to use the performance, and say what's paid for it.
What to do next
List your recordings and write down who owns each one, and how you know. Where the answer is "I think...", speak to whoever else was involved and get it in writing. For anything valuable, or if there's a disagreement, take advice from a music lawyer.
Sources
https://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/I/crossheading/authorship-and-ownership-of-copyright?view=plain
https://www.legislation.gov.uk/ukpga/1988/48/section/178
https://www.legislation.gov.uk/ukpga/1988/48/section/90
Disclaimer
General information for independent musicians, not legal, tax or financial advice. Deals and rules vary, so check your own contract and take professional advice before relying on this.