Rights to your master: who owns the recording after the session?

Three layers of rights in a single recording

Anyone who records a song in Austria generally creates three separate legal positions. They may all sit with one person, but more often they are spread across several. Copyright (Urheberrecht) protects the work, meaning the composition and the lyrics. Related rights protect, on the one hand, the performance of the performing artists and, on the other, the economic and organisational effort of whoever produces the recording, known as the phonogram producer.

Who owns the master when you record with us

When you book and pay for a session, it is generally you, your band or your label who is the producer of the recording. Klangnest provides the room, the equipment and the engineer and performs a service. Once the invoice is paid in full, we transfer to you all rights we hold in the recording, mix and master; until then they stay with us. This is stated explicitly in our terms in the article on rights in recordings and masters. Before payment you may use preliminary versions for internal review, but not release them.

We make no claim on the composition, the lyrics or your performance. What our engineer decides at the desk is craft carried out on your instructions, not a share in the work. If someone from our team audibly plays on your recording at your request, we put that in writing beforehand.

Raw files, sessions and the archive

You receive the raw files within 2 working days of the session, and the mix and master after approval. Project data stays archived with us for 12 months; within that period you can order stems, alternate versions or a vinyl pre-master. After that the data is deleted, so keep your own copy in two places. Which files make up a complete handover package is described in the guide File formats and delivery.

Within the band: put it in writing

Most disputes arise not between studio and band but within the band, often years later. Who wrote the song, who paid for the session, may a former member keep using the recording? Settle this in writing before you record; a simple agreement signed by everyone is generally enough. The same applies to guest musicians, session singers and producers who contribute to the arrangement. At a minimum, an agreement should cover:

• Who counts as an author of the work and in what shares.
• Who owns the rights in the master and who decides about releases.
• How income from streaming, sales and licensing is divided.
• What happens to the recordings if someone leaves the band.
• Whether guest contributions are settled with a one-off fee.

AKM and LSG: collecting societies in Austria

In Austria, collecting societies administer certain rights collectively. Broadly speaking, AKM represents the authors' side, that is composers, lyricists and publishers, when music is performed in public or broadcast. LSG represents the related-rights side, that is performing artists and phonogram producers. Whether membership makes sense for you depends on how and where your music is used; for releases through digital distributors it is worth reading their conditions. Klangnest does not register anything on your behalf; registering your works and recordings remains your responsibility.

ISRC and metadata

The ISRC is a twelve-character code that identifies one specific recording worldwide and allows streams and broadcasts to be accounted for. It belongs to the master, not to the work: a remix or a new recording of the same song gets its own code. Codes are generally issued by labels or distributors; if you self-release, you usually obtain them through your distributor. During mastering we embed the ISRC codes in the DDP image and the files, along with title, artist, year and credits. Send us this information with the final track list, at the latest before the 3 working days of mastering begin.

Samples, cover versions and remixes

Using a sample from somebody else's recording generally touches two rights at once: the right in the work and the right in the phonogram. Both must be cleared before release, even for very short excerpts. With a cover version the work remains someone else's while the recording is yours; the rights in the composition are generally settled through the collecting societies or the publisher. Adaptations that alter the work, such as new lyrics or remixes, generally require the authors' consent. If in doubt, ask a solicitor or your publisher before the session; we cannot do that clearance for you.

Checklist before release

• Invoice paid in full; rights in the master have passed to you under our terms.
• Written agreement in place within the band and with every guest.
• Samples and adaptations cleared, cover versions registered.
• ISRC codes issued and embedded in the master.
• Metadata (title, credits, year, label) identical on every file.
• Your own backup of raw files, mix and master stored in two places.

Questions about the process are welcome via the contact form; we generally reply within 1 working day. Legal questions about your specific situation are for a legal adviser. And long before release comes into view, the session preparation checklist helps make sure the recording is one you will want to release.