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How Do I Find Out Who Owns the Rights to a Song?

Song rights are complex. The intellectual property contained in a song is broken up into various parts, over which different entities can assert rights. For example, the record label typically owns the rights to the sound recording of the song, while the writer and publisher share rights to the lyrics and melody. For example, if you want to sample a song, you should contact the owner of the sound recording. But if you want to print lyrics of a song on a poster, you should contact the songwriter or publisher.

Instructions

    • 1

      Determine the relevant entity to whom you should direct your rights inquiry. This will save you time down the line, as you won't waste any effort contacting the wrong person. If you want to use all or part of a sound recording, the record label is typically the relevant rights holder. If you want to reproduce a derivative work -- for example, a poster containing song lyrics--the publisher is typically the relevant entity. Publishers act on behalf of the song writers, advising and consulting on whether or not to allow the production of derivate works. In cases where you can't identify the publisher, the songwriter is the rights holder.

      If you want to perform or record a cover version of a song, you don't need permission. You can perform and record your version, but you must notify the publisher before release. They will then collect the publishing royalties on behalf of the artist.

      The names of the relevant parties are often included in the credits of a CD. But, the rights may have been transferred since the release of the CD. In this case, there are two organizations, ASCAP and BMI, that keep an up-to-date database of song rights holders.

    • 2

      To research a song through the American Society of Composers Authors and Publishers, go to www.ascap.com and click on the "Disclaimer" link. Thoroughly read their disclaimer.

    • 3

      Click on the "ACE/Repository" link on the ASCAP website. Click on either "Titles," "Writers," "Performers," "Publishers/Administrators," "Work ID" or "ISWC." If you know the ASCAP Work ID or the International Standard Musical Work Code, enter that information. If the song or sound recording is registered with ASCAP it will appear in the results list. There may be more than one song with the same title. Results are returned based on your search term. So if you searched for "School's Out," the result will contain links to information about songs with that title.

    • 4

      Click on the correct link for the song you are researching.

    • 5

      Note on paper the most pertinent information presented in the link. The ASCAP search will return a lot of information that you don't need, such as catalog numbers. Rather than saving all of this information, just write down the names of people and organizations that are relevant to your inquiry.

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      If ASCAP does not have the information you need, go to www.bmi.com and click on the pull-down "Search" menu. Click on your preferred search method, for example "Artist" or "Composer." In cases where you search for a person's name, type the surname first and the first name second. For example "Cooper Alice" or "John Elton."

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      Note the names and adresses that are relevant to your rights inquiry. Typically BMI lists the label that released the recording, the publisher that administered the rights, the songwriters -- in order of largest ownership percentage -- and the BMI number. In cases where the writer is not the performer or in cases where more than one version of the song exists, all performers are listed.

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