IP advice for your industry

Music

Guidance for Performers, Composers, and Recording Artists

As a musician, your creative work—whether composing, recording, or performing—is protected under EU and UK intellectual property (IP) law. Your music, name, image, and performances are valuable assets that can be monetised in various ways. Many musical projects are collaborative, which adds complexity to questions of ownership and control. This document outlines the key IP rights and legal considerations relevant to musicians in the EU and the UK.

1. Copyright in Music and Lyrics

Under the Copyright, Designs and Patents Act 1988, original music and lyrics are protected as copyright works. This applies to:

  • Musical works (melodies, arrangements).
  • Literary works (lyrics).
  • Sound recordings.
  • Performance rights (the right in a live or recorded performance).
  • Producers' rights in recordings.

By default, the copyright belongs to the creator(s) unless assigned to someone else in writing. In collaborations, each contributor may hold joint authorship unless otherwise agreed.

To protect your rights:

  • Document each person's contribution to a song or recording.
  • Use written agreements to define ownership shares and royalty splits.
  • Register with a collecting society such as PRS for Music or PPL to collect royalties for public use of your works.
Record producer at the mixing desk with a musician
Rock band in concert
  • If no agreement exists, all contributors may be co-owners with equal control, even if contributions vary.
  • Producers, co-writers, and featured artists may be entitled to a share of copyright or royalties.
  • Session musicians may not hold copyright, but they may be entitled to performance payments.

Best practice:

  • Set out the terms of collaboration before or during creation, including:
  • Authorship and ownership.
  • Royalty percentages.
  • Credit and billing.
  • Ensure all participants sign split sheets or written agreements.

3. Protecting Your Name, Image, and Brand

As your public profile grows, so does the commercial value of your identity:

  • Register your artist name, band name, logo, or merchandise branding as trade marks.
  • Prevent others from using your identity falsely through passing off claims.
  • Protect photos, album art, branding artwork, and videos as copyright works.

Take control of your image and reputation by:

  • Monitoring unauthorised use.
  • Licensing your brand carefully.
  • Using contracts to define rights in collaborations, endorsements, and visual content.
Artiste's posters outside theatre

4. Performance and Recording Rights

Musicians have rights in their performances:

  • Performers' rights cover live and recorded performances and prevent unauthorised recording, use, or broadcast.
  • Sound recording rights typically belong to the record label or producer, unless retained by the artist.

Ensure your contracts specify:

  • Who owns the master recordings.
  • Whether and how recordings can be distributed, remixed, or sampled.
  • Your share of income from streaming, sales, and licensing.

Join organisations like PPL to collect performance royalties.

5. Infringement and Disputes

Musicians may encounter:

  • Unauthorised sampling, remixing, or use of music.
  • Disputes over credits, ownership, or royalty splits.
  • Improper use of their name or likeness in promotion.

To protect yourself:

  • Keep records of your work and contributions.
  • Secure legal agreements for all collaborative and commercial projects.
  • Act quickly if infringement occurs—take legal advice and issue takedown notices or claims where appropriate.
Final considerations

In the EU and the UK, copyright and related rights provide strong protection for musical works, recordings, and performances. However, in a collaborative industry, clear agreements and professional advice are essential to securing ownership and future income.

To fully monetise your music:

  • Register with collecting societies.
  • Protect your name and branding.
  • Formalise collaborations.
  • Know your rights—and enforce them when needed.

Being proactive in managing your IP gives you the best chance of sustaining both creative control and financial success in your music career.

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