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Tropp - Music Recording and Distribution Guide
Tropp - Music Recording and Distribution Guide
Distribution Guide
Michael Tropp
Copyright laws can be confusing to read and digest. Here’s what you need to know as far as
music goes:
a. This does not mean that you can whistle a melody and then sue someone who
notates it and puts it into a piece the next week. In order for something to be
video, or some other form where it can be clearly demonstrated as being yours
(Berklee, 2017).
b. You have a copyright for every form of your creation. This means that the holder
of the copyright of a piece has the right to make edits or changes, and they will
own the copyright of the edited version. Be careful, though, if you sell the rights
to your piece away, you are no longer legally allowed to make changes like this
2. Copyright will protect your music for your lifetime plus 70 years, unless the copyright is
a. You don’t need to worry about renewing a license to keep your work– so long as
you are alive and don’t sell the rights, the piece is yours.
In short, there are six exclusive rights granted to copyright holders (Berklee, 2017):
b. This also means that you have the right to take your music off of a streaming
● Titles
● Short phrases
○ Think of how many songs tell you to “put your hands in the air!”
○ Though maybe not the best move for publicity purposes, this can be done!
● Style of music
Musicians fall into two categories when it comes to copyright: songwriters/composers and
performing/recording artists. These categories can mesh, but each holds a specific right.
Songwriters/Composers hold the rights to the lyrics and melodies. They often assign these rights
to a music publisher. The performing/recording artists hold the rights to the master recording, or
their recording, of a song. These rights are often assigned to a record label.
Mechanical Licenses
A Mechanical Royalty is a royalty paid to a songwriter whenever a copy of their song is made
(Modern, 2018). A copy can be anything from printing on a CD or vinyl, a digital download, or
even through streaming on an interactive streaming service like Spotify or Apple Music. These
do not apply to radio stations, as users do not choose the song, which makes playing a song on
Mechanical royalties are paid by anyone who obtains a mechanical license to copy your music,
from your record label to a cover artist. They are paid before the sale of the product– a license
must be obtained before they create the copies of your song, and regardless of how many they
Take note: If you are a member of a performance rights organization like ASCAP, BMI,
SESAC, etc. these groups do not take care of mechanical licensing. There are a variety of
agencies that can issue, distribute, and collect licenses and royalties.
The mechanical royalty rate in the USA is currently set at 9.1¢ per track or 1.75¢ for each minute
Performance Licenses
Performance royalties are owed to the songwriter and publisher of a song when that song is
performed or broadcast publicly. This includes when songs are played in restaurants, waiting
rooms, at the grocery, etc. (Modern, 2019). It also includes things like school band, orchestra, or
choir concerts.
Often, songwriters, composers, or publishers will sign with a performance rights organization
like ASCAP, BMI, or SESAC, and that organization will create and issue licenses, collect the
royalties, and then pay the writer, taking a small fee, so that the writers do not need to worry
Many locations that have performances happen (whether in real life or simply through speakers
in the ceiling) will pay all of their fees at once at a point in the year, working with one of the
Synchronization Licenses
These licenses are granted by the composer and give the licensee the right to use music in a
visual piece (movie, TV, YouTube, etc.). Typically, sync licenses are paid as one-time fees to the
songwriter, but using a song in this manner can open up mechanical or performance royalties as
From time-to-time, a licensee will outright buy the rights for a piece if they don’t want to have to
pay royalties, which usually results in a bigger payment than just the sync license.
As the 21st century has begun to rise, the technological revolution continues to amaze the world
with new innovations seemingly every day. A big part of this has been the creation of streaming
services and platforms like YouTube where users can post content and have it viewed by millions
across the globe in the span of a few hours. When copyright laws were created in the United
States, the world had to wait a little bit longer and put a bit more work into producing something
like a video with music set to it, or creating a cover of a song, making licensing easier to enforce
A big question today is whether streaming services that allow you to store copies of music on
your device or social medias where users can save a video or re-post or re-mix it would be
paying both performance AND mechanical rights, as in essence, a copy of the music is being
made (Reese, 2001). This has been a debate for years (decades, really), and not much movement
The legal basis of copyright laws actually begins in the Constitution, which “directs that
Congress regulate copyright and patent laws, respectively, to serve human values and social ends
by promoting creativity and innovation,” (Evans, 2011). Music licensing and copyright is not
something to take lightly, as there can be serious legal repercussions if it is not done correctly.
If your music is completely your own, free from sampling or any melodic lines that may be from
another song or piece, you should be good to go. Just remember to get licenses and maybe sign
with an agency or group to make sure these licenses are managed correctly so you can get paid!
If your composition includes sampling or music from other sources, there are unfortunately
“unclear judicial definitions, distinctions and interpretations for the role of substantial similarity
and what constitutes a de minimis use, a fair use, and a derivative work,” meaning that there are
some steps to go through before you release that song (Evans, 2011). There are frequent court
cases regarding things like this, so the most important thing to do when using someone else’s
work as a part of one of your own is to contact them and get their approval. Get the licenses you
need (mechanical for a recording, performance if you end up performing the song) and
understand that it may often be easiest to just accept no as an answer. Many artists or copyright
holders have the money to fight a case in court, so it is important to weigh the pros and cons of
If you are making a cover or performing someone else’s song in public, refer to the licensing
portion of this guide to see what you need. Generally, you’ll always need a mechanical license to
make a song your own. The copyright holder cannot deny you this license so long as you pay
the fee, so legally, you are 100% allowed to make a cover of a song as long as you use proper
attribution and pay the license fee. Performance licenses are needed for any public performances.
Copyright law is confusing. Use as many resources as you need, including this guide but also the
internet’s vastness of ideas and legal jargon. Read the laws and make sure that you truly
understand what you are doing before you make a recording of a song. Using agencies to help
you can be an incredible time-saver, and they know what they are doing, so you can rest assured
If you are using someone else’s music for gain, get licenses. Not only is it a legal issue, it is just
morally right. You want fair compensation for your work, so you should fairly compensate others
for theirs. Mechanical, performance, and synchronization licenses are an important part of our
music community, and while they could certainly use some updating and revision, they are what
we have to support each other with, so we should use them as properly as we can. Copyright and
licensing doesn’t need to consume your every day, but you need to be aware of what it is and
https://www.youtube.com/watch?v=tQbJLvli9AY
Berklee Online. (2017, October 24). Copyright for Musicians: The Six Exclusive Rights | Part
https://www.youtube.com/watch?v=BKKr6RVNJw0
Evans, T. M. (2011). Sampling, looping, and mashing . . . oh my!: How hip hop music is
scratching more than the surface of copyright law. 21 Fordham Intellectual Property,
https://ir.lawnet.fordham.edu/iplj/vol21/iss4/1
Reese, R. A. (2001). Copyright and internet music transmissions: Existing law, major
https://repository.law.miami.edu/umlr/vol55/iss2/3
Scott, T. (2020, March 23). YouTube's copyright system isn't broken. The world's is. [Video].
YouTube. https://www.youtube.com/watch?v=1Jwo5qc78QU&t=2s
The Modern Musician. (2018, September 5). Music Licensing: Mechanical Royalties Explained.
The Modern Musician. (2018, July 23). What is Synchronization License & Sync Licensing?.
The Modern Musician. (2019, January 9). What are Performance Royalties and Performance
https://www.youtube.com/watch?v=3LQZokWsh6Q
Tyler, N. S. (2012). Music piracy and diminishing revenues: How compulsory licensing for
interactive webcasters can lead the recording industry back to prominence. University of
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1035&context=penn_law_r
eview