Did you know that behind every song we listen to there are legal aspects that protect creativity, secure income, and guarantee rights? Music and intellectual property, in step with success.
What does intellectual property protect?
Music isn’t just something you listen to. It is also registered, protected, licensed, and managed as an intangible asset. In this article, we explain how the intellectual property system works in the music industry, which rights are at stake, and how to protect what an artist creates.
Three assets, three key players
In the music industry, a single song can involve three different types of protected subject matter, each with its own rights:
- The musical work belongs to the author or composer, whether it is the music, the lyrics, or both.
- The performance protects the artist who performs the work.
- The phonogram belongs to the producer — for example, the record label.
Each of these players has its own role and is protected by different rights. Understanding this is key to monetizing a creation correctly and avoiding legal disputes.
What types of rights exist in the music industry?
Let’s look at the difference between the two main types of rights:
Copyright
It protects the original work of the author or composers. It is divided into:
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- Moral rights: inalienable, unwaivable, and perpetual. For example, the right to be recognized as the author or to object to modifications that alter the work.
- Economic rights: these allow the economic exploitation of the work (reproduction, distribution, synchronization, etc.). They can be assigned or licensed, and they last 70 years after the author’s death.
Related rights
These protect those who did not create the work but took part in bringing it to the public, such as performers, phonogram producers, and broadcasting organizations.
According to WIPO, more than 75% of global recorded music revenue comes from digital licensing. That is why understanding and properly negotiating your rights is more important than ever. Always look after your music and your intellectual property.
Why is it so important to know your rights?
Because you may be:
- giving away or losing income without realizing it.
- assigning more rights than necessary when you sign a contract.
- missing out on licensing opportunities in advertising, video games, movies, or social media.
WIPO states that in many countries creators lack access to specialized legal advice, which puts them at a disadvantage in negotiations with producers or platforms.
How are these rights managed?
Many rights are administered through:
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Collective management organizations
They act as intermediaries between authors and those who use their works (radio stations, bars, TV, platforms, etc.).
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Individual management
This allows more direct control, something increasingly common thanks to digital platforms and digital administration tools.
What should a musician or creator do today?
Understand their creative world and the rights they are entitled to. At Eguía Marcas y Patentes, we help musicians, record labels, music publishers, platforms, and creatives register, protect, and manage their rights strategically. From publishing agreements to sync licenses, intellectual property is your best ally in turning your music into a sustainable business.
Where do we start?
- We register your works — music and lyrics — with the DNDA (Argentina’s National Copyright Office) or its equivalent in each country.
- We attach proof of creation.
- We analyze the best agreement for the rights holder before any rights are assigned.
- We evaluate registering your stage name or distinctive sign as a trademark.
“An unregistered work is a loose idea. A registered work is an asset.”
Want to know more about music licensing, digital platforms, or sync agreements? Contact us today so you can benefit from your creations.
We also recommend the book How to Make a Living from Music – a WIPO publication.
