Music law

Who exactly shares in the rights in music, and what actually is a music right? In this article we explain the different rights that exist in a piece of music and which parties can lay claim to those rights.

Music law concerns copyright in musical works, the related rights of performing artists, contracts with labels and licences for the use of music in media. The people and organisations that hold these rights can determine who may exploit the music and on what terms. We advise musicians, authors, producers, record labels and publishers on their rights and how to protect them.

Music law: who is involved in making and recording a track?

The composer and the lyricist
A person who conceives, creates and (usually) writes down or otherwise records a piece of music is called a composer. The person who writes only the words of a track is called a lyricist. A good example of how these two can come together is the collaboration between Elton John and Bernie Taupin. Bernie Taupin wrote most of Elton John’s lyrics. Elton John then composed the music for the lyrics.
Of course it is also possible for the composer and the lyricist to be one and the same person. In that case you are a songwriter.

The performing artist
Let us go back to the Elton John example for a moment. The lyrics of Candle in the Wind were written by Bernie Taupin. The music was composed by Elton John. But the singer you hear is Elton John too. That means that, alongside being a composer, Elton John is also what is known as a performing artist. A performing artist is thus any person who performs a piece of music. Another example of a performing artist, besides the singer, is the musician.

The producer (of phonograms)
The person who takes on the organisation of the first recordings and who bears the financial responsibility for them is called the phonogram producer. Traditionally the record company is usually the producer, since it is the one that bears the financial risk (think of studio space, equipment, technicians) of the productions and can therefore lay claim to the remuneration for the use of the phonogram. A phonogram is the first recording of sounds such as music, a song and voices.

The music publisher
The music publisher, known as the publisher, sees to the exploitation of the music. A music publisher enters into publishing contracts with composers and lyricists so as to be able to deal in their copyrights.

Buma/Stemra
Buma is an association that grants licences and collects remuneration for “communicating music to the public”. Think of playing music on radio, television or in public venues such as cafés or music venues. Stemra is a foundation focused on what is known as the mechanical right, that is, the recording and reproduction of musical works. Music users pay a fee for the recording of musical works on sound carriers (CDs, DVDs), which ultimately benefits composers, lyricists and music publishers.

Who holds which right in a track?

Music is subject to various rights, such as copyright and related rights. The people and organisations that hold these rights can determine who may use the music, for what, and on what terms. You could therefore say that the division of rights is rather like dividing up a cake, because everyone involved gets a slice of music right. The more people and organisations are involved, the more rights have to be divided. If you want to know whether you hold rights in a specific track, you can contact our music law lawyer.

But how does such a copyright or related right actually arise? Copyright and related rights arise as soon as you make a work with an original character that bears your personal stamp. Unique, in other words.

Does copyright then rest on every piece of music? You can assume that most present-day music is subject to copyright. For older music it depends on when the last surviving maker died. Seventy years after the death of the last surviving maker of a particular work, the piece of music enters the public domain. That means a copyright licence no longer has to be applied for, nor does a copyright fee have to be paid to the artist or the surviving relatives.

The composer and lyricist
In the Netherlands it works as follows. The copyright in the written lyrics or music initially belongs to the composer(s) and lyricist(s). That means that where the copyright lies with the composer and the lyricist (in copyright the “maker”), only they may determine what happens with the track (in copyright the “work”). Copyright gives the maker the exclusive right to reproduce and communicate their works to the public. This also means that the maker has a right of prohibition and can prohibit the communication to the public or reproduction of their work. That right of prohibition enables the maker to exploit their creations. By exploitation we mean that the maker can earn from their work. That can be done, for example, by entering into music contracts, such as a publishing deal, a distribution agreement or a 360-degree/180-degree deal. This last aspect is called the right of exploitation.

The performing artist
Alongside the copyright in the underlying work, there are rights in the recording itself, the master. These are the related rights. Under the Related Rights Act (Wet op de naburige rechten), the makers of music are entitled to reasonable remuneration when their music is played in public. In addition, the performing artist must give permission for the reproduction, sale, rental and communication to the public of recordings and performances. Master rights also fall under this Act: they concern the music rights in the specific recording of the music. This ownership of the master is also important with syncs: for example, when your music is used in an advertisement, film or TV series.

The music publisher
The music publisher thus enters into publishing agreements with composers and lyricists. This allows it, as it were, to deal in the copyrights that rest on the compositions and lyrics of the contracting parties. In addition, the music publisher promotes the music of its contracting parties. In short, the music publisher thereby creates for itself the right to exploit and administer the compositions and lyrics.

A music publisher is often confused with a record company. Both deal in music rights, but whereas a music publisher deals in copyrights, a record company deals in the related rights that attach to the recording of a song. The record company enters into recording contracts with artists and bands, that is, the performing artists. In addition, the record company promotes the artists and their recordings.

Besides publishing agreements, there are other forms of music licence, such as sync licences for film and advertising. You can read more about this in our article on ‘licence agreements in the creative sector’.

The phonogram producer
The phonogram producer also has related rights. In concrete terms this means that the permission of the performing artist and/or the phonogram producer is required for the reproduction, sale, rental and communication to the public of recordings and performances. In addition, the phonogram producer is entitled to reasonable remuneration when the music is played in public. To that end, the phonogram producer, or in some cases the record company, enters into recording contracts.

Buma/Stemra
The right of exploitation is often transferred to a copyright organisation (collective management organisation) such as Buma/Stemra. Buma/Stemra then arranges the remuneration for the use of the music. It grants licences to music users (radio and TV stations, shops, streaming services and so on), giving these music users the right to use music for professional purposes. These music users then pay a fee for this to Buma/Stemra, which in turn pays those fees out to its members.

Questions about music law or music contracts? With our extensive and long-standing experience, our music law lawyer is happy to assist you. Among others, we act for artists, record labels and publishers.