Types of Music Works & Required Rights for Digital Distribution

When distributing music digitally, it’s essential to understand the type of work you are releasing and what permissions are required. Different types of recordings involve different rights holders, and failure to secure proper licenses can result in release rejections or takedowns.

The following outlines common music work types and what is required to clear them for distribution.

1. Original Works

Definition:
A completely original recording and composition created by you, with no borrowed elements.

What’s required:

• Ownership or control of composition rights (songwriting/publishing)
• Ownership or control of master rights (sound recording)

Notes:

• You typically retain these rights if you created the work yourself, unless they have been transferred to another party
• No additional licenses are required if all content is fully original
• If collaborators are involved, ensure all contributors have agreed to distribution (e.g., split sheets or other agreements)

2. Cover Songs

Definition:
A new recording of an existing composition, without using any original audio from the original recording.

What’s required:

• A mechanical license (cover license) for the composition

Important:

• This license allows use of the composition only
• You cannot use original audio, samples, or stems from the original track

Common confusion:

• A compulsory mechanical license does not grant permission to sample
• It only allows you to recreate the composition

3. Medley Songs

Definition:
A new recording of multiple existing compositions combined into a single track, without using any original audio.

What’s required:

• A mechanical license (cover license) for each composition included in the medley

Important:

• This license allows use of the composition only
• You cannot use original audio, samples, or stems from the original track

Common confusion:

• A compulsory mechanical license does not grant permission to sample
• It only allows you to recreate the compositions

4. Derivative Works (Remixes, Mashups, Edits, etc.)

Definition:

• A recording that includes any portion of an existing sound recording (e.g., loops, clips, or interpolated audio)
• A work that transforms or adapts an existing composition (e.g., remixes, translations, mashups, edits)
• A reworked version of an existing track, often using original stems or audio

What’s required:

• If using original audio: sample clearance from both the composition copyright owner (publisher) and the master recording copyright owner (label)
• If using only the composition: permission from the composition copyright owner

Licensing required:

• A mechanical license for the composition (non-compulsory)
• A master use license for the sound recording

Important:

• A compulsory mechanical license is not valid for derivative works
• Explicit permission from rights holders is required prior to distribution
• These uses are typically handled through direct agreements with the original artist or label

Additional resource: Understanding Derivative Works

5. Public Domain Works

Definition:
Works whose copyrights have expired or are no longer protected.

What’s required:

• No license is needed for the composition
• You must still own or control the master recording you distribute

Important:

• Public domain status generally applies after the author’s life plus 70 years, or for works published before 1927 in the United States
• Modern recordings of public domain compositions are still protected by copyright
• Original public domain recordings should not be distributed as-is, as DSPs may block or hide duplicate recordings
• Using elements of a public domain recording within a new work is acceptable

6. “Royalty-Free” / Licensed Beats

Definition:
Instrumentals or loops obtained through a license, such as from beat marketplaces or sample packs.

What’s required:

• A valid license agreement that allows commercial use and digital distribution

Notes:

• “Royalty-free” does not mean free of cost, free of copyright, or free of restrictions
• Always review the terms of the license carefully
• Some licenses may restrict monetization, Content ID claims, or exclusivity

Why Are Rights Necessary in the Music Industry?

Securing the proper rights is a legal requirement that protects all parties involved in music creation and distribution.

1. Protects Intellectual Property

Music is protected by copyright law, and rights ensure creators are credited and compensated.

2. Prevents Legal Disputes

Using content without permission can result in takedowns, revenue loss, or legal claims.

3. Ensures Proper Royalty Payments

Licensing ensures that both composition owners and master rights holders are paid when their work is used.

4. Platform Compliance

Digital platforms require confirmation that you have the rights to distribute your content and that all licenses are secured.

5. Maintains Industry Standards

Rights management supports fair compensation, transparency, and sustainable collaboration across the industry.

Prior to distributing your release, please ensure that you have obtained the necessary rights. Any releases submitted may be returned to you, requesting rights for distribution.