Copyright in Songs: Who Actually Owns It?

Unpacking the Rights Behind Every Hit Record

Introduction

Music is one of the most commercially valuable forms of intellectual property, yet the question of who actually owns the copyright in a song is one that many artists, producers, and even managers struggle to answer clearly. The reason is that a single piece of recorded music typically involves multiple layers of copyright, each potentially owned by different people or entities.

Two Copyrights in Every Recording

When we talk about copyright in music, we are really talking about two distinct rights. The first is the copyright in the musical work itself – that is, the underlying composition, which includes the melody, harmony, and lyrics. This copyright typically belongs to the songwriter or songwriters. The second is the copyright in the sound recording – the specific recorded performance of the song. This copyright typically belongs to the recording artist or, more commonly, the record label that funded and produced the recording.

This distinction is critical. The songwriter who wrote the melody and lyrics may not be the same person who performed and recorded the song. Each has separate and distinct rights.

Ownership Under Malaysian Law

In Malaysia, copyright is governed by the Copyright Act 1987. Under Section 26, the author of a work is generally the first owner of the copyright. For musical works, the author is the composer; for literary works (lyrics), the author is the lyricist. For sound recordings, the author is the person who made the arrangements for the recording to be made – this is typically the producer or the record label.

However, ownership can be modified by contract. In practice, record label agreements almost always include an assignment of the sound recording copyright to the label. Similarly, publishing agreements may require songwriters to assign or licence their composition copyrights to a music publisher in exchange for the publisher’s promotional and administrative services.

The Role of Music Publishers and Collecting Societies

Music publishers play a crucial role in managing and monetising the composition copyright. They handle licensing, collect royalties, and exploit the work across various revenue streams (synchronisation in films and advertisements, mechanical reproduction, public performance, and digital streaming). In Malaysia, the Music Authors’ Copyright Protection (MACP) and the Public Performance Malaysia (PPM) are among the collecting societies that administer these rights on behalf of copyright owners.

Understanding which collecting society manages which rights is important. If you are a songwriter, registering your works with the appropriate collecting society ensures that you receive the royalties you are entitled to when your songs are performed publicly, broadcast, or streamed.

Key Takeaways

If you are a songwriter, performer, or anyone involved in the music industry, the single most important thing you can do is understand who owns what before you sign any agreement. Ensure that your rights are clearly documented, that you understand the terms of any assignment or licence, and that you are registered with the relevant collecting societies. Ownership disputes in music are costly and emotionally draining – proper planning and clear contracts are your best protection.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific matters, please consult a qualified IP professional.