Music Law
Music Rights: Who Owns Your Song? – A Music Law Attorney Explains the Chain of Rights
Composition, Lyrics, Recording, and Performance: A song involves several rights, and these are rarely held by the same person. We’ll show you who holds which rights, what you’re contractually giving up, and where German law differs from the industry’s English terminology.
Composition · Lyrics · Recording · Performance
Known for:
Understanding Music Rights
One song, multiple rights holders
Anyone who writes, records, and releases a song creates not just one right, but several. The melody belongs to the composer, the lyrics to the lyricist, the recording to the person who organized and paid for it, and the sung or played performance to the musicians. Each of these levels has its own rules, its own terms of protection, and its own channels through which money flows.
As long as everything is under one roof, it’s hardly noticeable. But by the time you sign your first record deal, have a falling-out with bandmates, or wonder why nothing is coming into your GEMA account, it becomes crucial to know who owns what—and what you’ve already ceded under contract.
Many guidebooks adopt the U.S. copyright framework: In the U.S., there are two copyrights—one for the song and one for the recording. Under German law, the situation is different. Copyright applies only to the work itself—that is, to the composition and lyrics. The recording and the performance are subject to neighboring rights, which have different holders and different terms of protection. This distinction is the central theme of this page.
A song is not a single right, but a bundle of rights—and the individual rights often belong to different people.
The Chain of Rights
The Four Levels of Rights in a Song
Two aspects pertain to the work itself, and two to the recording. If you can distinguish between them, you'll understand any music contract more quickly.
§ 2
Work · § 2(1)(2) of the German Copyright Act (UrhG)
Composition
Melody, harmony, and rhythm in their concrete form. Protection is granted to any personal intellectual creation—including a beat, provided it is more than a standard loop. The rights belong to the composer; in the case of a collaborative work, they belong to all the composers collectively.
§ 2
Work · § 2(1)(1) UrhG
Text
The lyrics are a literary work in their own right and can be used independently of the music, for example in a book or as a translation. The copyright is held by the lyricist. The composition and lyrics together generally form a single work.
§ 85
Neighboring Rights · § 85 UrhG
Recording (Master)
The rights to a fixed sound recording belong to the sound recording producer—that is, the party responsible for the organizational and financial aspects of the recording. This is often the record label; in the case of self-produced recordings, it is the artist or the artist’s company. This is not a copyright but a neighboring right.
§ 73
Neighboring Rights · § 73 UrhG
Performance
Anyone who sings, plays an instrument, or artistically interprets a work is a performing artist. Without their consent, the performance may not be recorded, reproduced, or posted online. This applies to the lead singer just as much as it does to the session musician.
Who is responsible for what—in practice?
For newcomers, all four rights often still belong to the artist. With each contract, the picture changes: the master recording goes to the label, the publishing rights to the music publisher, and the performance rights are usually granted at the same time. What remains with the creator is what the law can never take away—the copyright itself and the creator’s right to compensation.
More on the rights of singers and musicians: Remuneration for performing artists
Video
Master's vs. Publishing in 90 Seconds
Attorney Patrick Rehkatsch explains why a song has two separate revenue streams—one for the work and one for the recording—and why many musicians focus on only one of them.
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The Central Standard
Can You Buy Music Rights? Why Copyright Is Non-Transferable
A regulation explains why people in the music business are constantly talking about “buying rights,” even though legally something else is actually happening.
§ 29(1) of the German Copyright Act (UrhG) – Legal Transactions Concerning Copyright
§
“Copyright is not transferable, unless it is transferred pursuant to a testamentary disposition or to co-heirs as part of the settlement of an estate.”
IN PLAIN LANGUAGE
You always retain the copyright to your composition and lyrics, no matter what the contract says. It is only transferred in the event of inheritance. What you grant to a publisher, a record label, or an investor are rights of use under Section 31 of the German Copyright Act (UrhG)—whether simple or exclusive, and whether limited or unlimited in terms of time, territory, or content. So, anyone who “buys music rights” is acquiring rights of use to the work. The situation is different for recordings: Under § 85 of the German Copyright Act (UrhG), the rights of the sound recording producer are transferable and can actually change hands.
This distinction has tangible consequences. Because you remain the author, you retain your moral rights, your right to reasonable compensation under Section 32 of the German Copyright Act (UrhG), and the right to revoke rights of use if a publisher fails to exercise them. In addition, there is the “purpose-of-transfer” doctrine under Section 31(5) of the German Copyright Act (UrhG): If a contract is unclear, in cases of doubt only those rights necessary for the purpose of the contract are transferred.
Vaguely worded clauses therefore often work in your favor—a well-drafted contract, on the other hand, leaves no loopholes. Anyone on the buyer’s side should be aware of this before making a payment.
Classifying Terms Correctly
Master's vs. Publishing: What These English Terms Mean in German Law
The industry speaks English, but the law speaks German. If you confuse the terms, you’ll be negotiating rights that the other party doesn’t even have.
Publishing
Publishing rights to the work
Rights of use to the composition and lyrics that the author grants to a music publisher. The publisher exploits and licenses the work and receives a share of the revenue through GEMA. The copyright itself remains with the author.
Master
Phonogram Producer Rights, § 85 UrhG
The rights to the specific recording. These rights belong to the sound recording producer as defined by law, which is usually the label. Royalties for radio broadcasts and public performances are handled by GVL, not by GEMA.
Copyright
Copyright
In U.S. law, the umbrella term for a song and a recording. In Germany, only the right to the work applies: it is inalienable, non-transferable, and protected for up to 70 years after the author’s death.
Neighbouring Rights
Neighboring Rights
The related rights of performing artists and phonogram producers (Sections 73 et seq. and 85 et seq. of the German Copyright Act (UrhG)). These rights form the basis for the GVL royalties for radio, television, and public performance.
Mechanicals
Mechanical Reproduction Rights
Royalties for the reproduction of a work on a sound recording or as a digital file—including streaming. Licensed through GEMA and distributed to authors and publishers.
Sync
Synchronization Rights
The right to combine music with visuals: films, TV shows, commercials, video games, and social media ads. You need permission from the publisher for the work and from the record label for the recording—usually directly, not through GEMA.
As a rule of thumb: Publishing applies to the work, while master rights apply to the recording. For a cover version, you therefore need a license for the work, but not for someone else’s recording. For a sample, you generally need both, because you’re using a portion of the recording and often a portion of the composition as well.
Music generated by AI tools plays a special role. Under copyright law, a work must be the result of human creation. Therefore, anything produced by a tool without a significant contribution of its own has no author—though a neighboring right may arise from the recording. Where exactly the line is drawn in individual cases is currently a matter of debate. We summarize the current state of affairs on our page dedicated to AI law.
Are you currently negotiating a deal and not sure which level is being referred to in the contract?
During the initial consultation, we'll go over the clauses with you.
How Long Are Music Rights Protected?
70 years
Composition and Lyrics: up to 70 years after the death of the longest-living author (Sections 64, 65 of the German Copyright Act (UrhG))
70 years
Master: upon the release of the recording (Section 85(3) of the German Copyright Act (UrhG))
70 years
Performance on a sound recording: upon release (Section 82 of the German Copyright Act (UrhG))
2
Collecting Societies: GEMA for the work, GVL for the recording and performance
Unpublished recordings and performances are protected for a shorter period: generally 50 years from the date of production or the date of the performance.
Co-authorship
Spelled separately or together? The key to your rights
These days, most songs are created during sessions, at writing camps, or through back-and-forth file sharing. Whoever contributed to the song determines the shares, decision-making rights, and money.
DECISION-MAKING JUNCTION
Did you write the song by yourself?
Yes—you are the sole author
You alone own the composition and lyrics. You decide whom you grant usage rights to, and you register the work with GEMA as the sole owner. Still, be honest in assessing whether producers, co-writers, or featured artists have made creative contributions: even a new hook or a single line of lyrics can be enough.
No—several people took notes
If you worked together on the music or the lyrics, you are co-authors under Section 8 of the German Copyright Act (UrhG): You may only publish and exploit the song jointly, and no one may withhold their consent in bad faith. If one person wrote the music and the other wrote the lyrics, this is usually considered a joint work under Section 9 of the German Copyright Act (UrhG). In both cases, the shares must be specified in a split sheet prior to release.
A split sheet is not a GEMA form, but rather an agreement between you: who co-wrote the song, what share of the music and lyrics each person contributed, which publisher is involved, and who will handle the registration. If this agreement is missing and a dispute arises, royalty payments for the work will be suspended until you reach an agreement. We explain how shares are distributed by GEMA on our page about GEMA for authors and publishers.
Beats from the internet are a special case. Anyone who licenses a beat online usually receives only a basic right of use with strict limits on streams, sales, or videos. The producer retains ownership of the beat, and often reserves a share of the GEMA royalties. So be sure to read the license terms before release—not just once the track takes off.
Chain of Custody
From the first take to the final settlement
At each station, the rights move further. The more you know where you stand, the better you can negotiate.
01
Letter
The composition and lyrics take shape. From the very first creative contribution onward, there are authors—often more than are later listed on the cover. This is where the split sheet belongs.
02
Record
The master recording and the performing artists' rights are created in the studio. Whoever organizes and pays for the recording becomes the record producer. Session musicians need written authorization.
03
Sign
Publishers, labels, or distributors are granted rights of use—to the work, the recording, or both. The scope, term, and reversion of these rights determine the outcome for years to come.
04
Publish and Bill
After the release, money flows through the label, the publisher, GEMA, and GVL. Only those who are properly registered with all of these organizations will be paid.
Are you between Steps 2 and 3 and have a contract on the table? That's exactly when it's worth consulting a music attorney.
Contracts
Where Your Rights Go Under the Contract
Four contractual partners are involved in almost every music career. Each one gets a different part of the package.
Label
The label typically receives the master or exclusive rights to it, as well as the rights to your performance. Under an artist contract, the label handles production itself; under a band acquisition contract, you provide the finished master.
Publisher
It obtains the rights to use the composition and lyrics, registers the work, licenses sync rights, and receives a share of your GEMA royalties. The publisher's share is deducted from your share; it is not added on top of it.
Producer
He can be a co-author if he contributes to the composition, a performing artist if he records the song, and a record producer if he is responsible for and pays for the production. His specific role should be outlined in the producer contract.
Featuregast
Provides a performance and often a line of lyrics of his own. Without a feature agreement, it’s unclear whether he is a co-author, whether his label must give its consent, and how he will be credited on the master. These issues are clarified before the release.
Record label or publisher—who does what?
The question about the difference between a record label and a publishing company is the one young artists ask us most often. In short: The record label handles the recording, while the publishing company handles the work.
Label
Rights
Master and Performance
Collecting Society
GVL
Revenue
Streaming and sales revenue from the recording; licenses for recordings
Typical Contract
Artist Contract, Band Management Contract, Distribution Contract
Publisher
Rights
Rights to Use the Composition and Lyrics
Collecting Society
German Music Performers' Society
Revenue
Performance, Broadcast, Mechanical, and Synchronization Licenses for the Work
Typical Contract
Publishing Agreement, Exclusive Author Agreement, Publishing Contract
Things get tricky when both end up with the same company. Some labels require not only the rights to the recording but also a publishing contract for your songs—often hidden in a clause of the artist contract. This isn’t unfair in and of itself, but it doubles the commitment: If you want to leave the label, you may still be tied to the publisher for years to come. You should negotiate such stipulations before signing—once you’ve signed, there’s little room to maneuver.
From Real-World Experience
Two Cases from Our Consulting Practice
Anonymized, but exactly as it happened. They show just how quickly unresolved music rights can become a problem.
CASE 1
"The producer wanted half"
A rapper releases a single with his longtime producer, and it unexpectedly goes viral. Nothing was put in writing—after all, they knew each other. After a strong first month of streaming, the producer suddenly demands 50 percent of all revenue, including publishing royalties, and threatens to have the song taken down from the streaming platforms. We pieced together who contributed what to the beat, hook, and lyrics, backed up chat histories and project files, and negotiated based on that information. The result: a retroactive producer contract with a fair share of the master and composition, a proper GEMA registration, and a song that stayed online.
CASE 2
"The Feature Without Approval"
A singer brings a friend—another artist—into the studio as a featured guest for her album. The recording is complete, the release date is set, and the promotional campaign is booked. Two weeks before the release, the artist’s label gets in touch: The artist is under an exclusive contract, and they won’t grant permission. The distributor halts the release. We negotiated a feature agreement with the label on short notice, including clear credit attribution, a share of royalties for the label, and authorization for all platforms and formats. The song was released just three weeks late. Since then, the artist has been clearing every feature before the first take is recorded.
Estate
What Happens to Music Rights After Death
Copyright is inheritable (Section 28 of the German Copyright Act (UrhG)). Upon the author’s death, the composition and lyrics pass to the heirs—along with all licensing agreements the author entered into during his or her lifetime. The term of protection continues until 70 years after the death of the longest-living co-author. Related rights in recordings and performances are also transferred, unless they already belong to the label.
In practice, this is rarely straightforward. Heirs often don’t know which publishing contracts are in place, which master recordings the deceased retained, and which GEMA and GVL accounts are active. Multiple heirs form a community of heirs and must make decisions together. This is precisely why disputes over the estates of major artists often drag on for years.
Copyright cannot be transferred, but it can be inherited—and so can every contract you've ever signed.
Anyone who has built up a catalog should explicitly address music rights in their will and leave a list of contracts and accounts. Heirs who have inherited a catalog should first take stock of it and then decide whether to manage it themselves or hand it over to someone else. We explain how the transfer process works and what makes a catalog valuable on the page “Selling a Music Catalog.”
Have you inherited music rights? During a no-obligation initial consultation, we’ll determine whether we can take on your case and discuss the cost of our services.
Video
Who Owns Your Song? The Chain of Rights in Two Minutes
From the initial draft to the recording to the contract: Attorney Patrick Rehkatsch walks us through each step and shows where most musicians unknowingly give up their rights.
Frequently Asked Questions About Music Law
First of all, as far as you’re concerned, if you wrote the music and lyrics yourself. The rights to the recording belong to whoever organized and paid for it, and the rights to the performance belong to whoever sings or plays on it. Whatever rights you’ve since assigned to a label or publisher are specified in your contracts—and that’s usually where you’ll find the actual answer.
You generally grant the label exclusive rights to the recordings and your performance, often for many years and worldwide. You retain the copyright to your songs, unless the contract also includes a publishing deal. This is exactly the kind of arrangement you should be aware of before signing.
Publishing pertains to the work—that is, the composition and lyrics—and is handled by the publisher and GEMA. Master rights pertain to the actual recording and are handled by the label and GVL. A song therefore generates revenue through two separate channels, and both channels may be owned by different people.
As soon as more than one person was involved in the music or lyrics: yes. A split sheet records who is involved, their respective shares, and which publisher is behind the song. It prevents duplicate registrations, being blocked by GEMA, and the disputes that usually don’t start until the song starts making money.
That depends on his contribution. If he creatively contributes to the melody, harmonies, or beat, he is a co-author. If he records instruments, he is a performing artist. If he finances the production, he is a record producer. Often, he is all of these at once—which is why a producer contract is necessary.
Compositions and lyrics are protected for 70 years after the death of the longest-living author, while recordings and performances are protected for 70 years from the date of publication. After that, a work enters the public domain. However, a new recording of a work in the public domain is subject to its own neighboring rights.
Copyright protection applies only to human creations. A track generated purely by a machine is therefore generally not protected—so you cannot prevent anyone from using it. Another issue is whether the model was trained on copyrighted works and whether the output bears too close a resemblance to a known title. Both of these matters are currently the subject of legal proceedings and should be clarified before any commercial release.
In most cases, the problem isn’t a lack of rights, but rather a lack of registration: The work isn’t registered with GEMA, the performance isn’t reported to GVL, royalties are entered incorrectly, or the publisher is missing. Sometimes a contract also offsets advances against all incoming payments. We explain how work registration works on our page about \1.
Our Team
Your Contacts for Music Rights
Two attorneys specializing in copyright and media law who know the music business from the inside.
Patrick Rehkatsch
Attorney Specializing in Copyright and Media Law – Founder
Attorney
Specializing in
Copyright and Media Law
Juliette Sarvan de Castro
Attorney Specializing in Copyright and Media Law
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