Introduction
In the world of music production, the terms “leased beats” and “publisher” are common, especially for independent artists who are just starting out. Whether you’re a budding musician or a producer, understanding the relationship between leased beats and publishing rights is essential to avoid legal complications and ensure your music career moves forward smoothly. One question that often arises is: Can you use publisher on leased beats? In this article, we’ll dive deep into what leased beats are, the difference between leasing and exclusive rights, and how music publishing comes into play when you’re working with leased beats.
If you’re looking to learn more about how music rights and licensing work, check out Canada Time Business.
What are Leased Beats?
Before discussing how publishing works with leased beats, it’s essential to understand what leased beats are and how they differ from exclusive beats.
Leased Beats Explained
When you lease a beat, you are purchasing a license to use the beat for a specific purpose, typically for a set period of time or under specific conditions. These beats are often sold by producers on platforms like BeatStars or Airbit, where they are made available for artists to lease for a relatively low price. Leasing a beat typically allows you to use it for non-exclusive purposes, meaning that the producer can sell the same beat to multiple artists.
Key characteristics of leased beats:
- Non-exclusive: The producer can lease the beat to several different artists.
- Limited use: You may be restricted in how you can use the beat (e.g., commercial releases, online streaming, etc.).
- No ownership: You don’t own the beat—you only purchase the right to use it under certain conditions.
- Typically lower cost: Leasing a beat is more affordable than purchasing an exclusive license.
It’s important to note that leased beats usually come with restrictions. These restrictions might include things like a cap on the number of copies of your song that can be distributed, or limitations on the platforms where your song can be played.
What is Music Publishing?
Now that we understand what leased beats are, let’s take a closer look at music publishing. In simple terms, music publishing is the business of managing a song’s intellectual property rights, which includes licensing, distribution, and ensuring artists get paid for the use of their music.
Understanding Music Publishing Rights
When you write a song, you own the copyright to the composition—the lyrics, melody, and arrangement. If you work with a producer who creates a beat for your song, the producer typically retains the copyright to the beat, but you retain the rights to the song’s composition (the lyrics, melody, etc.). When it comes to publishing rights, you’re talking about the ownership of the song itself, rather than the specific instrumental.
Music publishers help manage the public performance, mechanical royalties, and sync licensing for the song. When your song is played on the radio, streamed on a platform like Spotify, or used in a commercial, the music publisher ensures that you get paid.
Key aspects of music publishing:
- Songwriting royalties: The publisher collects royalties for the use of your song.
- Licensing: The publisher handles licensing agreements for different uses of your song, including movies, TV shows, commercials, and more.
- Royalty collection: A music publisher collects mechanical, performance, and sync royalties on behalf of the songwriters.
Can You Use Publisher on Leased Beats?
Now, the question arises: Can you use a publisher on leased beats? The answer to this depends on the terms and conditions of the lease agreement you have with the producer and the specific terms of your music publishing contract.
The Issue of Ownership
When you lease a beat, you typically do not own the beat, and therefore, you do not have full control over how it’s used, including in terms of publishing. In most cases, the producer retains the rights to the beat and can distribute it to other artists. This means that publishing for the beat itself is typically under the control of the producer, not the artist who leases it.
However, you may be able to register the song (which includes your lyrics and melody) with a music publishing entity, even if you’ve leased the beat. If the song is entirely your composition (lyrics, melody, and arrangement), the publishing rights to the song belong to you, not the producer. That means you can still use a publisher to manage the publishing rights for your song.
Important Considerations
Here are some critical points to keep in mind:
- The Beat Producer’s Rights: Even if you lease a beat, the producer often retains the rights to the beat itself. If you plan to use a music publisher, ensure that your agreement with the producer allows you to use the beat in a way that doesn’t conflict with the producer’s rights.
- Song vs. Beat Ownership: If you lease a beat and write your own lyrics and melody, you may still own the song’s composition and, therefore, have the right to work with a publisher on the song. However, the publisher may need to coordinate with the producer to ensure the beat is used properly.
- Leasing Agreement Terms: Always carefully read the terms of the lease agreement. Some producers may grant more extensive rights when you lease their beats, such as the ability to register with a music publisher, while others may impose restrictions that prevent this.
- Exclusive License vs. Lease: If you want full control over the publishing rights of a song, you may want to purchase an exclusive license for a beat instead of leasing it. With an exclusive license, you typically have more control over the usage of the beat and may be able to register the song with a publisher without any issues.
- Mechanical and Performance Royalties: If you are able to use a music publisher for your song, the publisher will help you collect mechanical royalties (for physical and digital sales) and performance royalties (for plays on streaming platforms, radio, or live performances). However, you may still need to ensure that you have the appropriate licensing from the producer to ensure you can collect these royalties.
How to Register Your Song with a Publisher When Using Leased Beats
If you’ve decided to proceed with a music publisher and want to register your song (with leased beats), here’s a general outline of how the process works.
1. Secure the Lease Agreement for the Beat
Before you start the publishing process, make sure you have the proper license for the beat. This includes reading the lease agreement carefully to ensure that it aligns with your intended use of the song. If the agreement allows for commercial use and the distribution of royalties, you’re likely good to go.
2. Register Your Song with a Performing Rights Organization (PRO)
In most countries, a Performing Rights Organization (PRO) handles the registration and collection of performance royalties for songwriters. You’ll need to register your song with a PRO such as ASCAP, BMI, or SESAC (in the U.S.) or SOCAN (in Canada) to ensure you’re credited as the songwriter for the composition (lyrics and melody).
3. Work with a Music Publisher
If you’re looking for more extensive publishing services, you can sign a publishing agreement with a music publisher. The publisher will help you collect royalties, license your music for various uses (e.g., movies, TV shows, commercials), and ensure that you’re compensated for your work.
4. Ensure Proper Royalty Distribution
When your song is distributed through a music publisher, you need to ensure that royalties from streaming services, radio play, and sales are appropriately split. The publisher will help manage these streams of revenue, but you’ll need to make sure that the terms of your lease agreement with the producer allow for such distribution.
Conclusion
The relationship between leased beats and publishing rights can be complex. While you generally don’t have the ability to claim publishing rights over the beat itself, you may still be able to use a publisher for the song if you retain the rights to the lyrics, melody, and arrangement. Always be sure to read the terms of your beat lease carefully and consider obtaining an exclusive license if you want more control over the publishing process.
If you’re navigating the world of leased beats and publishing for the first time, it’s a good idea to seek legal counsel to ensure you’re following the correct steps and protecting your rights as an artist. For more insights on music rights, licensing, and the business side of music, check out Canada Time Business.
