What rights exist in a sound recording?

Rights in a sound recording include the exclusive ability to reproduce, distribute copies, create derivative works (like remixes), and perform it via digital audio transmission, with rights often split between the master recording owner (label) and underlying musical work owner (songwriters/publishers) for different uses, like AM/FM radio (no digital performance right) vs. streaming (has performance right).

What are sound recording rights?

Performers' rights include the right to authorize a recording or broadcast of their performance, as well as the right to copy, distribute, rent, or lend copies of the recording to the public, or to make the recording available on the Internet.

What are the two rights that exist in every sound recording?

When you record a song, you may be creating two works that are protected by copyright: a musical work and a sound recording. A sound recording and the music, lyrics, words, or other content included in the recording are separate copyright-protected works.

What are the master rights of sound recording?

Master rights — also known as sound recording rights — refer to the ownership of a specific recorded version of a song. These rights cover the actual audio file that listeners hear on platforms like Spotify or YouTube, not the underlying composition (lyrics and melody).

Can you sue someone for audio recording?

Yes, you may be able to sue someone for recording you without your permission, especially if the recording happened in a private setting where you had a reasonable expectation of privacy. Whether the recording was legal depends on factors like consent laws, the nature of the conversation, and how the recording is used.

Entertainment Law Asked & Answered - Grand Rights and Sound Recordings?

Is it illegal to audio record someone without their consent?

California is a “two-party consent” state, meaning it is unlawful to record a conversation without all parties' consent. Without everyone's consent, you are unlawfully eavesdropping under California Penal Code 632 PC.

Are audio recordings admissible in court?

Yes, voice recordings can be used in court as evidence, but their admissibility depends heavily on meeting strict legal standards for authenticity, relevance, and legality, particularly regarding participant consent (which varies by state). Key requirements include proving the recording is unaltered, accurately identifies speakers, and was obtained legally, often through a one-party or all-party consent rule. 

Who owns a sound recording?

Copyright in sound recordings is generally owned by the 'maker' of the sound recording. The term 'maker' usually refers to the person who owns the equipment the recording was made on, such as the production company, studio, or record label.

What does 4% royalty mean?

Franchise royalty fees are the regular payments that a franchisee pays to the franchisor, usually charged on a monthly or weekly basis. The average franchise royalty fee percentage typically ranges between 4% and 12%, but this value can vary based on industry, revenue and other factors, which we'll discuss later.

What is the 25 year rule in music?

The 25-Year Reversion Rule – Introduction

If I give a publisher certain rights to my music, for the duration of the copyright term of that music, those rights would be transferred to my estate 25 years after my death. However, under the proposed amendments, the rights would transfer back to me in 25 years from now.

Who collects sound recording royalties?

SoundExchange is the only organization in the United States authorized to administer the statutory sound recording digital performance license and royalties.

Can sound recordings be terminated after 35 years?

In the Copyright Act of 1976, the US Congress gave recording artists and songwriters the possibility to claw back rights to previously licensed works after 35 years.

What is the 80 20 rule in songwriting?

The 80/20 Rule (Pareto Principle) in songwriting means 80% of a song's impact comes from 20% of its elements, like the hook, chorus, or core lyric, with the rest being polish; it also suggests focusing on the few vital skills (like melody & lyrics) that yield most results (80% of your best work) and letting go of less important elements quickly to be more productive and create more hits by identifying and doubling down on what truly works. 

Who owns Master royalties?

The copyright of the Sound Recording is generally owned by the artist or record label that they are signed to. Whoever owns the master recordings will earn royalties when the song is played or reproduced (including radio, streaming, downloads).

Can I use 2 seconds of a copyrighted song?

No, there's no magic number of seconds (like 2, 15, or 30) that legally permits using a copyrighted song without permission, as even very short clips can be infringement; copyright law doesn't define a specific duration, and the "fair use" defense is complex, requiring a court to decide if your use is transformative (like commentary or parody) or commercial, making it safer to get a license or use royalty-free music. 

What does a 5% royalty mean?

A 5% royalty means the owner of an asset (like a book, patent, or brand) gets paid 5% of the revenue generated from its sale or use, with the payment typically deducted from gross or net sales before other expenses, functioning as ongoing compensation for using their intellectual property. For instance, if a product sells for $100, the royalty owner receives $5; if 100 units sell, they get $500 in royalties. 

What is the 25% rule for royalties?

The "25% Royalty Rule" is a widely debated rule of thumb in intellectual property (IP) licensing, suggesting a licensee pays the IP owner 25% of the profits generated by the licensed product, with the licensee keeping 75%. While used as a starting point in negotiations for patents, trademarks, and copyrights, courts, especially in the U.S. (like the Federal Circuit in Uniloc v. Microsoft), have largely condemned it as a simplistic shortcut, emphasizing the need for specific, detailed analysis of factors like industry risk, investment, and market conditions. 

Why is it only $10,000 to open a Chick-fil-A?

It only costs $10,000 for a Chick-fil-A franchise fee because the company owns the real estate and equipment, leasing them to the operator, who acts as a manager rather than a traditional owner, and pays Chick-fil-A a significant portion of profits (around 50%) and sales (15%) in exchange for covering major startup costs. This low fee attracts talent, but operators invest substantial time and capital into operations, with total initial investment potentially reaching $2 million, and they don't own the physical assets. 

Do artists get paid every time their song is played?

Yes, artists generally get paid when their songs are played, but it depends on the platform (radio, streaming, TV), their role (songwriter vs. performer), and the country, with U.S. terrestrial radio being a notable exception where performers don't get paid for airplay, only songwriters/publishers. They earn royalties through various mechanisms like PROs (ASCAP, BMI) for compositions, digital performance royalties, and direct licensing deals, with streaming services paying both songwriters and performers, though rates vary. 

What are the master rights of a recording?

Master rights are all rights attached to a sound recording giving control over how that sound recording is used, including the right to reproduce , distribute , make available , and publicly perform it.

What is the 3 month rule for copyright?

The "copyright 3 month rule" refers to a crucial deadline in U.S. copyright law: to be eligible for statutory damages and attorney's fees in an infringement lawsuit, you must register your work with the U.S. Copyright Office within three months of its first publication or before the infringement begins. While you own the copyright automatically upon creation, timely registration (within that 3-month window) offers significant legal advantages, including a legal presumption of validity and easier recovery of money for infringement, otherwise you'd have to prove actual damages. 

Can a sound recording be copyrighted?

In 1971, Congress amended the copyright law to provide federal copyright protection for sound recordings fixed and first published with a statutory copyright notice on or after February 15, 1972. All sound recordings created after January 1, 1978, are automatically protected by copyright.

Can you sue someone for recording you without consent?

Recording in public is usually legal. But if it happened in a private place or without required consent in your state, it may be illegal. You could sue in some cases, like if you were stalked, recorded at home, or in a doctor's office. Talk to a lawyer to know your rights.

What cannot be used as evidence in court?

Evidence not admissible in court includes illegally obtained evidence (like through unlawful searches), hearsay (out-of-court statements), character evidence (used to prove conduct), privileged communications (lawyer-client, doctor-patient), irrelevant information, and speculative testimony, though exceptions exist, particularly for hearsay and character evidence. Evidence is excluded if it's unreliable, violates rights, or unfairly prejudices the jury.
 

How to present audio evidence in court?

If your evidence is electronic (for example, a video or audio recording), contact the court to see how it should be shared. You may be able to upload the file to court staff, email it to the court, or provide a flash drive. Be sure to check with the court before the trial is over.