Authored by Audiolancer • 1/9/2025

Music Copyright and Performers’ Rights in Sound Recordings: A Detailed Guide

When people talk about “music rights,” they often focus on songwriting or publishing royalties. But there’s another equally important layer for anyone who plays or sings on a track: performers’ rights in sound recordings. These rights protect the individuals behind the music—session players, featured vocalists, and everyone in between. Below is a comprehensive overview of what these rights entail, how you can collect income from them, and why they matter for every working musician.

1. What Are Performers’ Rights?

Performers’ rights give singers, instrumentalists, and other contributors legal control over the commercial use of their recorded performances. While copyright in compositions (the melody and lyrics) is usually owned by songwriters and publishers, performers’ rights center on the actual recording—how it’s stored, broadcast, reproduced, or adapted.

2. The Legal Framework

Under UK law (and similarly in many countries), once a performance is fixed (recorded), the performer gains:

• Economic Rights: A share of royalties whenever the recording is reproduced, broadcast, streamed, or publicly played.
• Moral Rights: The ability to be credited and to object if their performance is misrepresented or used in a way that might harm their reputation.

3. Economic Rights and Royalties

Recording royalties come from several sources:

1. Reproduction Royalties
   Whenever your recorded performance is copied—such as pressing physical CDs or creating digital downloads—you (or your label) could be owed money.
2. Broadcast & Public Performance Royalties
   If your track plays on radio, TV, or public venues (clubs, bars, shops), collecting societies like PPL track usage and distribute royalties.
3. Rental & Lending
   If your recording is rented or lent (e.g., in libraries or film schools), the performer may have a claim, depending on the jurisdiction and agreement terms.

4. Moral Rights for Performers

Moral rights protect the intangible elements of a performer’s contribution:

• Credit/Identification: You have the right to be named as a performer on the track (unless you’ve waived this right in a contract).
• Objecting to Misuse: If your performance is altered or used in a derogatory manner, you can protest to maintain your artistic integrity.

5. Featured vs. Session Musicians

• Featured Artist(s)
  The main credited performer or band typically owns a larger share of the master recording rights or receives a more significant cut of royalties.
• Session Musicians
  Often hired for specific parts (e.g., background vocals, guitar solos). UK law grants them equitable remuneration—ensuring they receive a fair share of broadcast and public performance royalties. Registration with PPL is essential to access these payments.

6. Contractual Considerations

Review any contract before starting a session:

• Consent: Ensure the agreement outlines how, when, and where your performance can be used.
• Ownership & Splits: The record label or production company may own the master recording, but you should receive a portion of the revenue—especially if you’re a main performer.
• Licensing & Assignments: Understand whether you’re licensing your rights for a certain period or transferring them altogether.

7. Getting Paid: Collection Societies & Metadata

To receive royalties, you’ll need to:

1. Register with PPL (or an equivalent in your region).
2. Maintain Proper Metadata: ISRC codes, performer details, track titles, and roles (featured artist, session musician) help societies match the right people to the right recordings.
3. Stay Updated: If your track is getting play overseas, reciprocal agreements between PPL and other societies can collect royalties on your behalf.

8. Leveraging New Avenues

Performers’ rights don’t stop at radio or live events. Explore:

• Sync Deals: Film, TV, and gaming studios often pay for the use of existing recordings.
• Sample Packs & Loops: Sell or license slices of your vocal or instrumental performances on marketplaces like Audiolancer. You could earn each time someone downloads your sample. be aware that most sample libraries (including ours) will waive your right to claim royalties to ensure the sample library remains royalty free. If you want to sell content on the platform and include royalties, you can do so by uploading to the tracks library and selecting a hybrid license which allows you to specify royalty splits.
• Streaming & Digital Platforms: Proper data entry ensures you collect every micro-royalty from Spotify, Apple Music, and beyond.

9. Moral Rights in Practice

While performers’ moral rights can be narrower than those of composers, they still matter:

• Attribution: Demand proper credit, especially for online listings like Spotify credits, album notes, or official music videos.
• Integrity: If you feel your performance has been misrepresented in a way that harms your reputation (e.g., heavily auto-tuned or used in a disrespectful context), you may have legal grounds to object.

10. Professional Support & Union Membership

Organizations like the Musicians’ Union offer:

• Legal Assistance: Contract reviews, dispute resolution, and negotiation support.
• Advice & Networking: Workshops, events, and community resources to help you navigate the music industry.

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Final Thoughts

Performers’ rights in sound recordings aren’t just an abstract legal concept—they’re a vital tool that ensures musicians receive fair compensation and recognition. From session players to star vocalists, everyone who contributes to a track has a stake in its success. By registering with the right societies, clarifying contracts, and leveraging new income streams (like sample pack sales on Audiolancer), you can capitalize on your performances for years to come. Protect your work, stay informed, and don’t be afraid to seek professional support when it comes to safeguarding your creative contributions.