Understanding recording rights vs. work rights
When recording an existing work, it's crucial to keep a few important factors in mind. Make sure to obtain the necessary permissions and licenses, respect copyright laws, and clear all rights before proceeding.
At Koda, we frequently receive inquiries from members who have encountered issues due to not understanding the difference between recording rights and work rights. Many members discover old recordings and wish to release them for streaming or download. Several platforms can facilitate this. However, it's crucial to pay attention to two key aspects:
- The right to publish the recording.
Typically, the rights to a recording belong to the music company (record label) that originally released the recording. It can be difficult to locate the music company, especially the many smaller ones that no longer exist. Where are the rights now? Some companies have transferred the rights to other companies, and others have closed without transferring the recording rights to anyone else. It can be quite a detective job to find out where the rights are. - What rights do you give to the streaming service?
You must remember to read the agreement you enter into with the streaming service. In many cases, the agreements state that you also have to give up publishing shares to the service's music publisher. It is a completely legal business model, but you might be in for an unpleasant surprise if you either haven't read the terms of the agreement or haven't understood them.
Remember to write down what you agree on
It is important to have your agreement basis in place. An agreement does not need to be several pages with many paragraphs. A verbal agreement is actually binding for the parties, but it can be very difficult to prove what has been agreed upon.
Therefore, it is advisable to write down the terms and conditions and to ensure that the parties agree – for example, by listing the points on paper, which the parties then sign, or in an email, to which the parties respond that they agree with the terms.
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