Who owns a song: masters or publishing?

Music businessNo. 02By Stuart SingletonUpdated 8 min read

Stuart asks

If I write a song and someone else records it, or I pay to record it myself, who actually owns what?

The short answer

Every recorded song is two copyrights. The composition, the melody and lyrics, belongs to the songwriters, and the money it earns is called publishing. The master is one specific recording of it, and it belongs to whoever paid for and controls that recording: you if you put it out yourself, usually the label if a label paid. Each side gets paid by different people. On a US stream, the recording side gets roughly three to four times what the song side gets. But the song earns from every version anyone ever records.

What are the two copyrights in a song?

US law treats a recorded song as two separate works. The musical work (the composition) is the melody, chords, and lyrics. The sound recording (the master) is one particular performance of it, captured as audio.

A cover makes this easy to see. When another artist covers your song, they make a new master that belongs to them or their label. The composition is still yours, and you get paid every time their version is streamed, sold, or played on the radio.

The two copyrightsWho usually owns it
Composition: melody, chords, lyrics. Its money is called publishing.The songwriters, or their publisher
Master: one specific recording of the songWhoever paid for and controls the recording

Who owns the composition?

The people who wrote it, from the moment it's fixed, written down or recorded, even as a voice memo. Co-writers share it. If there's no written agreement, US law generally treats co-authors of a joint work as equal owners, which is why a signed split sheet matters more than any registration. Settle it once everyone agrees the song is finished, and before it's mastered.

Publishing is usually talked about in two halves: the writer's share and the publisher's share. If you've never signed a publishing deal, you hold both. What you sign away later decides how much of each you keep.

  • Publishing dealA publisher takes some or all of the publisher's share, and often part of the ownership, in exchange for an advance and work on your behalf: pitching, placements, collecting.
  • Co-publishing dealYou and the publisher split the publisher's share. You keep your writer's share.
  • Administration dealA company registers and collects for you for a commission, often in the 10 to 20% range. You keep ownership.

Commission ranges vary by company and deal. Treat them as typical, not standard terms.

Who owns the master?

Whoever the contracts say owns it, which is usually whoever paid for the recording. If you paid for the session and have agreements with the producer and players, it's yours. If a label paid, the label typically owns or controls it for the length of the deal.

A few things trip people up:

  • Your distributor doesn't own your masterMost DIY distributors deliver your music to stores and take a fee or a cut. Ownership stays with you. Read the terms anyway.
  • Producers often get points, not ownership"Points" are a share of the master's royalties. A producer only gets a writer's share of the composition if they actually helped write the song.
  • "Work made for hire" changes who the author isThat phrase in a contract means the person paying is legally treated as the author. Know when you're signing it.

How does each copyright get paid?

Different organizations collect for each side, which is why so much money goes uncollected.

Composition (publishing)Who collects in the US
Performance royalties: radio, TV, venues, streamingASCAP, BMI, SESAC, GMR
Streaming mechanicalsThe MLC
Physical and download mechanicals: 13.1¢ per song in 2026Label or seller pays, often via an agency
Sync: the song's half of a TV, film, or ad licenseYou or your publisher
Master (recording)Who collects in the US
Streams and salesYour distributor or label
Internet and satellite radio: Pandora, SiriusXMSoundExchange
Sync: the recording's half of a licenseYou or your label
AM and FM radioNothing. US broadcast radio pays only the song.

SoundExchange splits its money by law: 50% to the master owner, 45% to the featured artist, and 5% to a fund for session players and singers. If you own your master and you're the artist, you're owed 95% of it, but only if you register as both.

Which side earns more?

On streaming, the master, by a lot. In the US, songwriters and publishers get a headline rate of 15.3% of a streaming service's revenue in 2026, rising to 15.35% in 2027. The recording side is commonly estimated at 52 to 56%.

Rough split of US streaming revenueShare
Recording side: label, distributor, artistabout 52 to 56%
Song side: publishers and songwritersabout 15%
The streaming serviceabout 30%

Estimate. The 15.3% is the US statutory headline rate for 2026. The recording and service shares come from industry reporting and vary by service and deal.

The composition wins on reach and time. It earns from every recording of the song, every cover, broadcast radio, and every version that hasn't been made yet.

A master is one recording. A song can be recorded a hundred times.

How do artists give away rights without meaning to?

Publishing usually changes hands in small trades: a writer credit for someone who didn't write, a share of publishing in exchange for studio time or recording costs, or a "360" deal where a label takes a share of income beyond record sales, sometimes including publishing. Once it's assigned, it stays assigned until the contract ends or you terminate it.

A master earns only when it's released and heard. Owning it and paying to market it are separate things, and deals often trade one for the other.

What are the most common mistakes?

  • No split sheetSplits that never get written down are where co-writers stop speaking. Get them settled before the song is mastered.
  • Assuming your distributor collects publishingDistributors pay the master side. Composition money comes through other doors.
  • Giving away publishing to get a recording madeA deal for one recording can cost you a share of the song for its whole copyright term: your lifetime plus 70 years.
  • Never registering the songIf a song isn't registered, it doesn't get matched to the money, and unmatched money doesn't wait forever.

Can you get your rights back?

Sometimes. Under US law, songwriters and artists who transferred rights in a deal signed in 1978 or later can usually end that transfer starting 35 years after the deal, as long as they send notice two to ten years ahead. Works made for hire don't qualify. That's its own conversation.

Knowing who owns what is half of it. The other half is making sure each copyright is registered in the right places, or the money it earns sits unclaimed.

Frequently asked questions

What is the difference between masters and publishing?

The master is one specific recording of a song. Publishing is the money earned by the composition, the melody and lyrics. They are separate copyrights with different owners and different royalties.

Who owns the master recording?

Whoever the contracts say owns it, usually whoever paid for the recording. Independent artists who pay for their own sessions usually own their masters. With a label deal, the label typically owns or controls them.

Does my distributor own my music?

Usually not. Most DIY distributors deliver your music to stores for a fee or a cut, and ownership stays with you. Check the terms.

Which earns more from streaming, the master or the song?

The master. In the US, songwriters and publishers get a headline rate of 15.3% of streaming revenue in 2026, while the recording side is commonly estimated at 52 to 56%.

What is a publishing administration deal?

A company registers your songs and collects your publishing royalties for a commission, often around 10 to 20%, while you keep ownership of the songs.

About

Stuart Singleton is a Nashville producer, songwriter, and photographer, and the founder of One Three Seven Music.

Conversations is his series of questions about music, photography, and making things. Each one is researched and drafted with Claude, Anthropic's AI model, then checked and edited by Stuart. Numbers are sourced or marked as estimates. This is general information, not legal advice.

Sources

  1. Copyright Registration of Musical Compositions and Sound Recordings, US Copyright Office Circular 56A
  2. Phonorecords IV headline rate, 15.3% in 2026, Music Business Worldwide
  3. How a stream is split between recording, service, and publishing, Variety
  4. Label vs publisher share of streaming revenue, NMPA
  5. 2026 US mechanical rate, 13.1¢ per song, Hypebot
  6. Digital performance royalties, SoundExchange
  7. Joint works and co-authorship, Columbia Law School Kernochan Center
  8. 17 U.S.C. § 203, termination of transfers
  9. 17 U.S.C. § 201, ownership of copyright and works made for hire

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