The rights on audio recordings are called master
rights. This stems from the term “master tape”, which was originally the tape with
the final “mastered” recording used for duplication. Please keep in mind that
you are only allowed to upload songs with MES for which you hold the master
rights.
You are the owner of the master rights, if you record
a song in your own or an external studio and you act as the producer. When
recording in an external studio and another person acts as the producer, you need
written permission for usage. Thus, if you commission a producer with the
recording, you should write down an agreement which gives you the master rights
for digital distribution. In most cases the producer receives a share of the
sales through a “producer’s license”. The percentage is a matter of
negotiation, in general no producer settles for less than 3%.
It is advisable to settle master rights upfront. Once
the recording started or the master tape is finished, different points of view
can quickly become a serious problem and escalate to a “deal breaker”.
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