How to Protect Your Music Rights in NYC

As an independent artist in New York City, your music is more than creative expression,it is intellectual property with real financial value. Understanding how to protect your music rights is essential for building a sustainable career. This guide from an NYC entertainment attorney covers copyright basics, publishing, licensing, and the legal tools every artist should know.

Understanding Music Copyright

Every original song you create involves two distinct copyrights: the composition (the underlying music and lyrics) and the sound recording (the specific recorded performance). These two copyrights can be owned by different parties, which is why understanding the distinction is critical before signing any agreement.

Copyright protection attaches automatically the moment you fix your work in a tangible form,recording a song on your phone or writing lyrics on paper is sufficient. However, federal registration with the U.S. Copyright Office provides crucial additional protections, including the ability to sue for infringement, eligibility for statutory damages (up to $150,000 per willful infringement), and a public record of your ownership.

Registering Your Copyright

Filing a copyright registration is straightforward and inexpensive,the current filing fee is $65 for a single work through the electronic system at copyright.gov. For independent artists releasing multiple tracks, you can register an album as a single collection. We strongly recommend registering every original work before distributing or sharing it publicly.

Music Publishing: Who Owns What

Music publishing refers to the business of managing and monetizing the composition copyright. When you write a song, you are the publisher by default. However, many artists sign publishing deals that transfer some or all of their publishing rights to a music publisher in exchange for advances and administrative support.

The key revenue streams from publishing include mechanical royalties (earned when your composition is reproduced,streaming, downloads, physical copies), performance royalties (earned when your composition is performed publicly,radio, live venues, streaming platforms), synchronization (sync) fees (earned when your composition is used in film, TV, commercials, or video games), and print royalties (earned from sheet music sales).

Performance Rights Organizations (PROs)

As a songwriter, you should register with a PRO,either ASCAP, BMI, or SESAC in the United States,to collect your performance royalties. These organizations track public performances of your music and distribute royalties to you. Registration is free for ASCAP and BMI. Many NYC-based independent artists start with ASCAP or BMI and can change later, though you can only be a member of one PRO at a time.

Recording Contracts: What to Watch For

If a label or distributor offers you a recording contract, having an entertainment attorney review the agreement before signing is essential. Key provisions to scrutinize include the grant of rights (what rights are you giving up, and for how long?), royalty rates (what percentage of revenue do you receive, and how is revenue calculated?), recoupment terms (what expenses does the label recoup before you see royalties?), creative control (who has final say on artistic decisions, release dates, and marketing?), territory and term (does the deal cover the world, and for how many albums or years?), and reversion clauses (when and how do your rights revert to you if the label stops exploiting your music?).

A common mistake for independent artists is signing a deal that assigns ownership of master recordings to a label in perpetuity. Once you give up your masters, the label controls your recordings forever. In recent years, artist-friendly alternatives like licensing deals and distribution agreements have become more common, allowing artists to retain ownership while accessing label resources.

Sync Licensing: Getting Your Music in Film and TV

Synchronization licensing,placing your music in visual media,is one of the most lucrative opportunities for independent artists. A single sync placement in a major TV show or commercial can generate fees ranging from a few thousand to hundreds of thousands of dollars. To pursue sync opportunities, you need to own or control both your master recording and your composition (or have proper authorization from the rights holders), have high-quality, properly mixed and mastered recordings, register with a PRO to collect backend performance royalties from broadcasts, and consider working with a sync agent or music supervisor who can pitch your music.

Sync deals are negotiated individually, and having an attorney review the terms is important,particularly regarding exclusivity, territory, duration, and whether the fee is a one-time buyout or includes ongoing royalties.

Collaboration Agreements: Protecting Joint Works

When you co-write or co-produce a song with another artist, you create a "joint work" under copyright law. Without a written agreement, all co-creators are presumed to own equal shares of the work,regardless of their actual contribution. A collaboration or split sheet agreement should be signed before or immediately after the creative session.

The agreement should specify each person's ownership percentage, how decisions about licensing and exploitation will be made, how income will be divided and distributed, and who is responsible for administering the work. Disputes over song ownership are among the most common legal issues in the music industry, and they are almost always preventable with a simple written agreement.

Protecting Your Name and Brand

Your artist name, logo, and brand identity can be protected through trademark registration. Filing a federal trademark application with the USPTO costs $250 to $350 per class and provides nationwide protection against others using a confusingly similar name in the music industry. For NYC-based artists, we also recommend monitoring your name on social media platforms and domain registrars to prevent cybersquatting and impersonation.

How Agarunov Law Firm Helps NYC Artists

At Agarunov Law Firm, our entertainment law practice serves independent musicians, producers, songwriters, and labels throughout New York City. From our Financial District office, we handle copyright registration, contract review and negotiation, publishing administration guidance, sync licensing support, collaboration agreements, and trademark protection. Whether you are releasing your first single or negotiating a major deal, we provide the legal guidance you need to protect your art and your income.

Frequently Asked Questions

Performing Rights Organizations (PROs)

Performing rights organizations collect performance royalties on behalf of songwriters and publishers when music is played publicly, whether on radio, in restaurants and retail stores, at live venues, or on streaming platforms. The three major PROs in the United States are ASCAP, BMI, and SESAC. Every songwriter should be affiliated with one PRO. When you register your songs with your PRO, the organization tracks public performances of your music and distributes royalties to you. As of early 2026, you cannot be a member of more than one U.S. PRO at a time, though you can switch. Your PRO affiliation does not affect your ability to work with any publisher, label, or distributor. Understanding how your PRO collects and distributes royalties is essential to ensuring you receive all the income your music generates. Each PRO has a different distribution methodology and payment schedule, so compare them before choosing one. Your PRO affiliation is an important business decision that affects your cash flow and reporting.

In addition to your PRO, register with SoundExchange, which collects digital performance royalties for sound recordings played on non-interactive streaming services (such as Pandora and SiriusXM). These royalties are separate from the performance royalties your PRO collects for the composition. Many songwriters and artists leave money on the table by failing to register with both their PRO and SoundExchange. For a detailed breakdown of music royalty types, see our royalty agreements guide.

Work for Hire vs Copyright Ownership

Under U.S. copyright law, the person who creates a work owns the copyright. However, if the work is created as a work made for hire, the hiring party is considered the author and owns the copyright from the moment of creation. In the music industry, work-for-hire arrangements are common for producers, session musicians, and songwriters hired to write for specific projects. If you sign a work-for-hire agreement, you are giving up all ownership rights to the music you create under that agreement. You will not receive ongoing royalties unless the agreement specifically provides for them. Before signing any work-for-hire agreement, understand exactly what rights you are giving up and whether the compensation you receive is fair in light of the permanent transfer of ownership. For more on copyright protection for musicians, see our copyright registration guide.

Sampling and Interpolation

Using a portion of someone else's recording (sampling) or recreating a recognizable melodic or lyrical element (interpolation) without permission can result in copyright infringement claims. There is no legal minimum for how much of a song you can sample without a license. Even a brief sample can infringe if it is recognizable. To legally use a sample, you need a license from both the owner of the master recording (typically the label) and the owner of the composition (typically the publisher). The license terms are negotiated individually and may include an upfront fee, an ongoing royalty, and a co-writing credit. Interpolation (re-recording a melodic element rather than using the original recording) requires only a license from the composition owner, not the master owner, but the composition owner can still demand significant compensation and credit. Clear your samples and interpolations before releasing the music. The cost of obtaining a sample clearance upfront is almost always lower than the cost of defending an infringement claim or settling after the song has been released and generated revenue. Labels and distributors may also refuse to release music with uncleared samples, creating additional delays and complications. Work with an entertainment attorney to negotiate sample clearances before your release date.

Music Distribution and Streaming Revenue

Independent artists today can distribute their music to every major streaming platform through digital distribution services. These services deliver your music to Spotify, Apple Music, Amazon Music, YouTube Music, Tidal, and other platforms in exchange for a fee (either per release or annual) or a percentage of revenue. The distribution agreement governs how long the distributor has rights to your music, what percentage of revenue they take, and what happens to your catalog if you leave. Read the distribution agreement carefully before signing, paying particular attention to the term, the revenue split, and the termination provisions. Some distributors lock in your catalog for extended periods, making it difficult to switch providers. For more on distribution and music contracts, see our music contracts guide and our music law practice page.

Protecting Your Music Rights Long-Term

The value of your music catalog grows over time. Songs that generate modest income today may become significantly more valuable through sync placements, viral moments, covers by other artists, or renewed cultural relevance. Protecting your rights long-term means retaining ownership whenever possible (negotiating for master reversion clauses in recording agreements and limited-term publishing deals), registering your copyrights with the U.S. Copyright Office (which strengthens your ability to enforce your rights), keeping accurate records of all your compositions and recordings (titles, co-writers, splits, registration numbers, and PRO affiliations), monitoring for unauthorized use (using services that scan for unlicensed uses of your music), ensuring your agreements contain rights reversion clauses (so your catalog comes back to you after the term expires), and reviewing your agreements periodically with an entertainment attorney to ensure your rights are protected as the industry evolves.