How to Fix Rights Issues Before Submission

Ever tried to submit your track for sync licensing, only to hit a brick wall because of some mysterious “rights issue”? It’s like getting to the finish line of a marathon and finding out you forgot to tie your shoes. Frustrating, right? You’ve poured your heart and soul into creating awesome music, and now paperwork and legalities are standing in your way.

TL;DR

• Know who owns what before you even press record.
• Get everything in writing, always. Verbal agreements are like whispers in the wind.
• Clear all samples, no matter how small or obscure.
• Understand publishing vs. master rights – they’re two different beasts.
• Register your works with the right folks (PROs, etc.) early on.

Untangling the Ownership Web: Who Has the Keys to Your Music?

Before your killer track ever sees the inside of a sync library, you need to be crystal clear on who owns it. And by “it,” I mean all the little pieces that make up the whole. Think of your song as a delicious pizza. Who made the dough? Who made the sauce? Who owns the pepperoni recipe? All those ingredients need permission to be on that pizza.

Understanding Master vs. Publishing Rights

This is often where the confusion starts. Imagine your song as a two-headed dragon.

The first head is the master recording. This is the actual sound recording itself – the specific performance, the mixing, the engineering, the whole shebang. If you recorded your song in your home studio, you likely own the master rights. If you recorded it with a label, they might own it. It’s about this specific version of the song.

The second head is the publishing rights (or composition rights). This is the underlying song itself – the melody, the lyrics, the arrangement. Think of it as the sheet music, even if no sheet music actually exists. If you wrote the song, you own the publishing. If you co-wrote it with a buddy, you both own a piece of the publishing.

Why does this matter? When someone wants to use your music in a film or commercial, they usually need both sync licenses: one for the master recording and one for the composition. If you don’t control both, getting it sync licensed becomes a bureaucratic nightmare.

If you’re looking to ensure your music is ready for sync placements, it’s crucial to address any rights issues before submission. For more insights on this topic, you can check out a related article that discusses common pitfalls in the sync licensing process and how to avoid them. This resource can help you understand why your music might not be getting the placements you desire. For further reading, visit this article.

The Paper Trail: Get It In Writing

“We’re just friends, we don’t need contracts!” Famous last words, my friend. When money starts changing hands, or even when the potential for money exists, informal agreements can turn into massive headaches. This isn’t about being distrustful; it’s about being professional and protecting everyone involved.

Splitting the Pie: Co-Writer Agreements

If you wrote a song with other people, you need a songwriter split sheet. This document clearly states who wrote what percentage of the song. Is it 50/50? Is one person 60% and another 40%? Get this down before you even think about submitting.

• Example: You and your bandmate, Maya, co-wrote a track. You wrote the music, she wrote all the lyrics. You agree to a 50/50 split on the publishing. Write it down, sign it, date it. Even better, use a template or pay a lawyer a little bit to draft a simple agreement.

Featuring Other Artists: Guest Vocals, Session Musicians

Did you have a killer guitarist shred a solo for your track? Did a friend lay down some backing vocals? Unless they are purely work-for-hire (meaning they were paid a flat fee with no expectation of ownership or royalties), you need to clarify their involvement.

• Session musicians: Typically, if you pay a session musician a flat rate, they are considered work-for-hire and don’t own any part of the recording or composition. Make sure your agreement (even a simple email confirming terms) reflects this.
• Featured artists/guest vocals: This is where it gets tricky. If they’re credited as a “featured artist,” they might expect a cut of performance royalties or even a percentage of the master. Define this clearly upfront. Are they just performing their part, or do they have a claim to the master recording?

The Sample Landmine: Clear It All, No Exceptions

This is a big one. Seriously, a huge one. Sync libraries, and the clients they serve, are extremely risk-averse. They will almost always reject music that contains uncleared samples. It’s a legal minefield.

What Counts as a Sample?

Anything you didn’t create yourself that you incorporate into your music.

• A drum loop from a commercial sample pack.
• A vocal snippet from an old movie.
• A guitar riff from a famous song (even if you replayed it yourself – that’s still a copyright issue with the composition).
• A sound effect downloaded from a random corner of the internet.

How to Clear a Sample (or Avoid the Hassle)

1. Don’t use it: The easiest way to avoid sample issues is to simply not use samples. Create everything yourself. This is the gold standard for sync.
2. Use royalty-free sync libraries: Many sync libraries offer “royalty-free” sounds and loops. Even here, read the fine print. “Royalty-free” often means you don’t owe additional royalties, but there can still be usage restrictions. Look for terms that explicitly state “cleared for commercial use” or “sync licensing.”
3. Get explicit permission: If you absolutely must use a specific sample, you need to track down both the owner of the master recording (the sound itself) and the owner of the underlying composition (the written music/lyrics, if applicable). This is often a laborious and expensive process, usually reserved for major artists with big budgets. For independent artists looking for sync, it’s almost always a non-starter.

• Relatable example: You found this amazing old soul vocal snippet that’s perfect for your track. You need to identify the original artist, the record label that released it, and the publisher(s) of the song. Then you contact all of them, negotiate a fee, and get a signed sync license agreement. The chances of this happening for a small indie artist are slim to none, and the cost would likely be prohibitive. Don’t risk it; just don’t sample.

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You can read this article to learn about common rights mistakes in sync licensing.

Register Your Works: Plowing the Fields Early

Once you’ve got your ownership straightened out, you need to register your works with the appropriate organizations. Think of this as officially telling the world (and the money-collecting bodies) that your song exists and you own it.

PROs (Performing Rights Organizations)

If your music is performed publicly (think radio, TV, live venues, streaming services), you get paid royalties. PROs collect these royalties. In the US, these are ASCAP and BMI. In Canada, it’s SOCAN. The UK has PRS. You need to register as a writer (for publishing royalties) and, if you own your publishing, as a publisher.

• Action Step: Choose one PRO based on your location/preference and register yourself as a writer. Then, register each song you intend to sync license with them, indicating your ownership split with any co-writers. If you own your publishing, you’ll also set up a publisher account.

Other Registrations (Optional but Recommended)

• Copyright Office (e.g., US Copyright Office): While copyright exists as soon as you create a work, official registration with a governmental body like the US Copyright Office provides stronger legal protection and makes it easier to enforce your rights if someone infringes. For sync, it adds another layer of legitimacy.
• SoundExchange (US): This organization collects digital performance royalties for master recordings played on non-interactive digital radio (like Pandora, SiriusXM). If your music gets played here, SoundExchange makes sure you (as the owner of the master recording) get paid.

When preparing your project for submission, addressing rights issues is crucial to ensure a smooth process. A related article that can provide valuable insights is about selecting the appropriate tracks for sync licensing, which highlights the importance of understanding rights management in music. For more information on this topic, you can read the article here. By familiarizing yourself with these concepts, you can avoid potential pitfalls and enhance the quality of your submission.

Common Pitfalls & How to Dodge Them

• Pitfall 1: Relying on verbal agreements.
• Fix: Always, always get it in writing. Plain language emails can sometimes suffice for minor things, but for ownership splits or significant contributions, a signed document is best.
• Pitfall 2: Forgetting about samples.
• Fix: Assume everything needs to be cleared. If in doubt, don’t use it. Recreate it yourself, or find a cleared, royalty-free alternative.
• Pitfall 3: Not understanding publishing vs. master rights.
• Fix: Reread that section! They are distinct. You need control over both to sync license successfully. Most independent artists own both, but it’s important to confirm.
• Pitfall 4: Neglecting PRO registration.
• Fix: Register your songs with your chosen PRO before you submit them for sync. This ensures you’ll get paid if they’re placed.
• Pitfall 5: Assuming “royalty-free” means “anything goes.”
• Fix: Always check the specific sync license terms of any third-party audio you use. “Royalty-free” for personal projects isn’t the same as “cleared for commercial sync licensing.”

Your Music, Cleared and Ready For Action

Let’s look at a straightforward path:

Scenario: You’re an indie artist, Sarah. You wrote and recorded a new instrumental track, “City Lights.” You used only your own instruments and soft synths, no samples.

1. Ownership Check: You wrote it, you recorded it. So, you own 100% of the publishing rights and 100% of the master recording rights. Perfect!
2. Agreements: No co-writers, no featured artists, no session musicians with special agreements. It’s all you. No complex contracts needed here.
3. Samples: You confirmed – no external samples used. All sounds are original or from sync licensed software instruments you own outright.
4. Registrations: You already registered as a writer with ASCAP and have your publisher account set up. You then registered “City Lights” with ASCAP, indicating your 100% writer and publisher share.

Now, “City Lights” is squeaky clean and fully ready for sync submission. When That Pitch helps you get it into a sync library, they’ll know exactly who to pay and what rights are controlled.

The Bottom Line: Be Proactive, Not Reactive

Getting your rights in order might seem like a boring chore, but it’s foundational. It’s what transforms your passion project into a professional asset. Think of it as laying a solid foundation for your music career. Do the groundwork early, and you’ll save yourself a world of pain and missed opportunities down the line.

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FAQs

What are rights issues in the context of submission?

Rights issues refer to the legal permissions and ownership of content, including copyright, trademark, and intellectual property rights. It is important to address these issues before submitting any work for publication or distribution.

Why is it important to fix rights issues before submission?

Fixing rights issues before submission is crucial to avoid legal complications and ensure that the content is legally owned and authorized for use. It also helps in protecting the creator’s rights and preventing any potential infringement claims.

How can one identify rights issues in their work?

Rights issues can be identified by reviewing the content for any third-party materials, such as images, quotes, or references, and ensuring that proper permissions or sync licenses are obtained for their use. It is also important to verify the ownership and originality of the work.

What steps can be taken to fix rights issues before submission?

To fix rights issues before submission, one can obtain permissions for any third-party materials, clarify ownership and rights with co-creators or collaborators, and ensure that the work does not infringe on any existing copyrights or trademarks. It may also involve consulting with legal professionals if necessary.

What are the potential consequences of not addressing rights issues before submission?

Failure to address rights issues before submission can lead to legal disputes, copyright infringement claims, and the rejection of the work by publishers or distributors. It can also result in financial liabilities and damage to the creator’s reputation.