# Who holds the copyright for music? The writer, producer, or artist, or record label?

**URL:** <https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607>\
**Category:** Cafe Society\
**Created:** [October 23, 2017, 4:47am UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607 "2017-10-23T04:47:21Z")\
**Posts on this page:** 8\
**Page:** 2

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [October 24, 2017, 3:50am UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/21 "2017-10-24T03:50:05Z")

</div>

So, if a current artist covers Heat Wave. The original writers, Holland-Dozier-Holland or heirs, gets royalties from the new recording. Unless they have sold those rights. Whoever owns the rights gets royalties.

What does the current artist get? He’s not going to record a cover for free. Does his label get the record sales and gives him a cut? Then the label pays the writers?

I assume the previous recording artists get nothing? A new cover might revive interest in their old albums. They might make a few bucks that way.

the writers have an entry on Wikipedia

> **[Holland–Dozier–Holland](https://en.wikipedia.org/wiki/Holland%E2%80%93Dozier%E2%80%93Holland)**
>
> Holland–Dozier–Holland was a songwriting and production team consisting of Lamont Dozier and brothers Brian and Eddie Holland. The trio wrote, arranged and produced many songs that helped define the Motown sound in the 1960s. During their tenure at Motown Records from 1962 to 1967, Dozier and Brian Holland were the composers and producers for each song, and Eddie Holland wrote the lyrics and arranged the vocals. Their most celebrated productions were singles for the Four Tops and the Supre From ...

---

<div class="post-metadata">

**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [October 24, 2017, 9:20am UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/22 "2017-10-24T09:20:50Z")

</div>

> [@aceplace57](#):
>
> So, if a current artist covers Heat Wave. The original writers, Holland-Dozier-Holland or heirs, gets royalties from the new recording. Unless they have sold those rights. Whoever owns the rights gets royalties.

In the United States, yes, the writers (or their successors) get a royalty for each copy of the song that gets recorded and for each time the song is publicly performed (unless there is an exception in the law for a particular performance).

> [@](#):
>
> What does the current artist get? He’s not going to record a cover for free. Does his label get the record sales and gives him a cut?

In the United States, yes.

> [@](#):
>
> Then the label pays the writers?

It pays the writers for each copy of the recording made. In the US, if a terrestrial radio station plays the recording, it pays the writers, usually through ASCAP, BMI, or SESAC. Similarly if a club or a commercial establishment with a jukebox plays the recording, the club or establishment pays the writers usually through ASCAP, BMI, or SESAC,

> [@](#):
>
> I assume the previous recording artists get nothing? A new cover might revive interest in their old albums. They might make a few bucks that way.

In the US, that is correct.

> [@](#):
>
> the writers have an entry on Wikipedia  
> [Holland–Dozier–Holland - Wikipedia](https://en.wikipedia.org/wiki/Holland%E2%80%93Dozier%E2%80%93Holland)

---

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [October 24, 2017, 12:30pm UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/23 "2017-10-24T12:30:22Z")

</div>

Thank you

I understand now.

---

<div class="post-metadata">

**Author:** ![DooWahDiddy](https://avatars.discourse-cdn.com/v4/letter/d/e9bcb4/32.png) [@DooWahDiddy](https://boards.straightdope.com/u/DooWahDiddy)\
**Post date:** [October 25, 2017, 4:59am UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/24 "2017-10-25T04:59:32Z")

</div>

> [@aceplace57](#):
>
> What does the current artist get? He’s not going to record a cover for free. Does his label get the record sales and gives him a cut? Then the label pays the writers?

Just to keep it simple, imagine the current artist doesn’t even have a label. Hell, most musicians don’t these days, anyway. And let’s say the current artist is you. So you have 10 songs you want to record, and you didn’t write any of them. You choose the 10, go to the Harry Fox Agency, who handles most songs in America, and they say they’re all cleared for you. The original artist can’t stop you (or anyone) from recording their song once they’ve released it (right of first refusal).

I believe the current price is 9.4 cents per song per album pressed. So let’s say you’re starting small and pressing 100 CDs. So that’s $9,400 it just cost you to get the rights, not including the cost to actually record and manufacture the CDs. Now you see why people write their own music.

And no, if I record the same song after you, you don’t get anything from my sales. It all goes to the original writer/artist. Now you see why people write their own music. 😃

---

<div class="post-metadata">

**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\
**Post date:** [October 25, 2017, 6:28am UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/25 "2017-10-25T06:28:59Z")

</div>

> [@DooWahDiddy](#):
>
> I believe the current price is 9.4 cents per song per album pressed. So let’s say you’re starting small and pressing 100 CDs. So that’s $9,400 it just cost you to get the rights, not including the cost to actually record and manufacture the CDs. Now you see why people write their own music.

I think your math is off. If the per-song-per-album rate is 9.4 cents, then a single copy of a CD with 10 non-original songs would cost 94 cents for the rights. 100 such CDs would only be $94 for those rights, not $9400, correct?

---

<div class="post-metadata">

**Author:** ![DooWahDiddy](https://avatars.discourse-cdn.com/v4/letter/d/e9bcb4/32.png) [@DooWahDiddy](https://boards.straightdope.com/u/DooWahDiddy)\
**Post date:** [October 25, 2017, 12:23pm UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/26 "2017-10-25T12:23:28Z")

</div>

> [@kenobi\_65](#):
>
> I think your math is off. If the per-song-per-album rate is 9.4 cents, then a single copy of a CD with 10 non-original songs would cost 94 cents for the rights. 100 such CDs would only be $94 for those rights, not $9400, correct?

Ha, sorry, yeah. That’s what I get for posting at 1am after a beer. Funnily enough, I literally just woke up and thought _My math was wrong_. I knew somebody would beat me. 😃

Anyway but yes, for certain songs it really can be that simple. Like I said, no one can stop you except in very rare cases from doing a cover version of a song you love. And you can see how, if you write a fantastic song that many people cover, the royalties would really add up over time. And it kind of snowballs, because the more people record your song the more people hear it, and the more people cover your song.

So get out there and write!

---

<div class="post-metadata">

**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [October 25, 2017, 1:18pm UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/27 "2017-10-25T13:18:58Z")

</div>

> [@Pleonast](#):
>
> I thought grand rights automatically went to the holder of the copyright (music or lyrics). A quick googling doesn’t help me much. Can you explain more? If they’re not transferable, what happens when the holder dies?

Grand rights are inheritable, but when the composer and lyricist are alive, the money goes to them. Period. During his heyday, Andrew Lloyd Webber was making about $5,000 a day in grand rights. And Benny Andersson and Bjoen Ulvaeus made more from Mamma Mia! grand rights than they did when they were in ABBA.

Writing a score for a successful musical is one of the best ways to get rich. And one of the hardest.

---

<div class="post-metadata">

**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\
**Post date:** [October 25, 2017, 1:28pm UTC](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607/28 "2017-10-25T13:28:34Z")

</div>

Just a few notes. You can read more about mechanical license rights on [Wikipedia](https://en.wikipedia.org/wiki/Mechanical_license). “Mechanical” in the sense of “automatic”. This leads to issues about [compulsory license](https://en.wikipedia.org/wiki/Compulsory_license) which in the US has two factors: recording and performance for music.

Those cover paying royalties when you don’t have permission. A lot of the time you negotiate a lower fee. Sometimes egos, greed, etc. get in the way. Hence some artists no longer perform their biggest hit in public since they weren’t able to obtain a negotiated license and refuse to pay the higher fee.

[Previous page](https://boards.straightdope.com/t/who-holds-the-copyright-for-music-the-writer-producer-or-artist-or-record-label/799607.md?page=1)
