Exclusive Rights

In-Depth Explanation

Exclusive rights are the six specific legal permissions granted to a copyright owner under 17 U.S. Code § 106. They give the owner sole authority to reproduce, distribute, publicly perform, publicly display, prepare derivative works, and digitally transmit their music. Anyone else must obtain a license to use any of these rights.

How Exclusive Rights Work

Copyright is not a single right. It is a bundle of six separate rights that the owner can license individually or together. Under U.S. Copyright Law, the owner of a copyright has the exclusive right to do and to authorize the following:

1. Reproduce the work: Make copies in any format, including physical (CDs, vinyl) and digital (downloads, streaming server copies). Licensed via a Mechanical License.

2. Prepare derivative works: Adapt, alter, or build upon the original to create a new work. This includes remixes, translations, and samples. See Derivative Work.

3. Distribute copies: Sell, rent, lease, or lend copies to the public. You cannot legally sell someone else's music or upload it to Spotify without permission.

4. Publicly perform the work: Perform the song in public or transmit it to the public. This covers radio play, streaming, live cover performances, and background music in venues. These rights are managed by PROs like ASCAP, BMI, and SESAC.

5. Publicly display the work: Display the work publicly, such as printing lyrics on a website or displaying them in a karaoke video. Less commonly invoked in music but still legally relevant.

6. Perform by digital audio transmission: Added in 1995 for sound recordings. Gives the Master Recording owner the right to perform via digital transmission (SiriusXM, internet radio). These royalties are collected by SoundExchange.

In the U.S., terrestrial AM/FM radio pays performance royalties only to the composition owner, not the master recording owner. This remains a contentious issue, with ongoing legislative efforts (including the American Music Fairness Act) to establish a performance right for sound recordings on AM/FM radio.

Real-World Example

A songwriter registers a new composition with the U.S. Copyright Office. The song generates revenue across multiple exclusive rights simultaneously:

If someone uses the song without a license for any of these rights (and the use does not qualify as Fair Use), the copyright owner can issue takedown notices or sue for damages up to $150,000 per willful infringement if the work was registered before the infringement occurred.

Why It Matters for Independent Artists

Understanding these six rights tells you exactly what you own and what you can sell. Many independent artists unknowingly give away exclusive rights in contracts they do not fully understand. When you sign a publishing deal, you are typically granting the publisher the right to exploit your reproduction, distribution, performance, and derivative work rights.

Never sign away rights you are not getting paid for. If a label wants your sync rights but has no track record of placing music in film or TV, negotiate to retain those rights. Use our Publishing Royalty Split Calculator to model how splitting these rights affects your income.

Register your songs with the U.S. Copyright Office before release or within three months of publication. This preserves your right to claim statutory damages ($750 to $150,000 per infringement) and attorney's fees if someone violates your exclusive rights. Read our guide on Music Copyright Basics: Protect Your Work for step-by-step registration instructions.

Related Terms

• Copyright
• Derivative Work
• Mechanical License
• Sync License
• Master Recording
• Fair Use