Mixing and mastering

Copyright and Clearance Before Release

Garnish Music Production School·November 28, 2024

Before a record is released, everything on it must be owned by you or properly licensed. Releasing uncleared material risks takedowns, lost income, and legal claims. This chapter is a practical pre-release check; the Music Business module covers copyright in depth.

General guidance, not legal advice.

The two copyrights

  • The composition - owned by the songwriters and their publishers.
  • The master recording - owned by whoever made or paid for it.

You need the rights to both.

Your own songs

  • Confirm every co-writer and their split, in writing.
  • Make sure everyone agrees the song can be released.
  • Register the song with your PRO.

The recording

  • If others paid for or contributed to the recording - producers, musicians, studios - make sure you have agreements confirming who owns the master and any royalties or fees owed.
  • Session musicians and vocalists should have agreed to their performance being released.

Samples and interpolations

  • Samples need clearance of the master (from the label) and the composition (from the publishers). No sample is too short to need clearing.
  • Interpolations - re-recording part of an existing song - need clearance from the composition's publishers.
  • Royalty-free samples and loops - check the licence allows commercial release. Most do; some have restrictions.

Beats

If you are releasing over a beat you did not make:

  • Leased beats often have limits on streams, sales or uses. Know them.
  • Exclusive beats give more rights, but check what the contract actually grants.
  • Credit the producer and agree their publishing share.

Cover versions

To release a cover, you need a mechanical licence for the composition. In the US, compulsory mechanical licences are available; in the UK, licences are available through the collecting societies. Many distributors offer cover licensing as a service. You may not change the melody or lyrics substantially without the publisher's permission.

Artwork and photos

Artwork is copyright too. Make sure you own or have licensed:

  • Photographs - including the photographer's permission.
  • Illustrations and designs.
  • Fonts used commercially.
  • Any images of other people, brands or logos.

Clearance checklist

  1. Composition: all writers and splits confirmed in writing.
  2. Master: ownership confirmed, contributors agreed.
  3. Samples: master and publishing cleared, in writing.
  4. Interpolations: publishing cleared.
  5. Loops and sounds: licence permits commercial release.
  6. Beats: lease or exclusive terms allow this release.
  7. Covers: mechanical licence in place.
  8. Artwork: images, fonts and designs licensed.
  9. Features: featured artists (and their labels, if signed) have approved.

Do this now

  • Run your next release through the clearance checklist.
  • Create a folder for each release holding every agreement, licence and split sheet.
  • If anything is uncleared, decide: clear it, replace it, or remove it.