Who controls the music?

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Who controls the music?

Postby tj » Sun Oct 28, 2007 3:05 am

When a band records a song, who owns the rights to it's use in the future? I know that copywrited songwriters get paid royalties on usage, but do they get to decide who else can record it or use it in a movie/TV/Concert? Do the original band members or side musicians who recorded the song have a say in it's use or get royalties?

For example, Journey's Just the Same Way. I think that writing credits are Ross, Gregg and Neal. Ross, Gregg, Neal, SP and SS all played on the original. I know that Journey in it's various formations since the song was recorded has played it in concert (Deen, Jon, SA, Mike Baird, Randy Jackson, etc.).

So using this example:
1. who gets to decide who else can use this song on TV/Movies
2. who gets paid for use of the original recording (Gregg, Neal, Ross, SP, SS)
3. who gets paid when another version of Journey (Jon, SA, etc.) plays it
4. Who gets paid if another artist covers the song?

Seems like potentially a lot of people would have to sign off on a song's use.
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Postby conversationpc » Sun Oct 28, 2007 3:07 am

I'm sure it's all different depending on the contracts the artists sign.
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Postby Marc S » Sun Oct 28, 2007 5:49 am

tj
When a band records a song, who owns the rights to it's use in the future? I know that copywrited songwriters get paid royalties on usage, but do they get to decide who else can record it or use it in a movie/TV/Concert? Do the original band members or side musicians who recorded the song have a say in it's use or get royalties?

For example, Journey's Just the Same Way. I think that writing credits are Ross, Gregg and Neal. Ross, Gregg, Neal, SP and SS all played on the original. I know that Journey in it's various formations since the song was recorded has played it in concert (Deen, Jon, SA, Mike Baird, Randy Jackson, etc.).

So using this example:
1. who gets to decide who else can use this song on TV/Movies
2. who gets paid for use of the original recording (Gregg, Neal, Ross, SP, SS)
3. who gets paid when another version of Journey (Jon, SA, etc.) plays it
4. Who gets paid if another artist covers the song?

Seems like potentially a lot of people would have to sign off on a song's use.


From what I can gather and experience to date, but bits missing...:

1. who gets to decide who else can use this song on TV/Movies

The principle writer(s) can decide - David Paich sold Rosanna for some dodgy TV ad which Lukaher recently moaned about.

2. who gets paid for use of the original recording (Gregg, Neal, Ross, SP, SS)

Principle writers and those who played on the original recording - a 'performance' royalty, though its much smaller than the principle songwriters cut. Also the publishers.

3. who gets paid when another version of Journey (Jon, SA, etc.) plays it

Not sure about this, lots of various incarnations of groups eg Black Sabbath, Deep Purple, play sets spanning the whole history, there is possibly something in place for this.

4. Who gets paid if another artist covers the song?

Principle songwriters and the publishing house of the song in question.

I don't think this is complete but its a start.
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