This article provides a guide to the general process of registering recordings for neighbouring rights. Each CMOs process for registration of recordings is different and we always recommend contacting your agency directly to confirm the correct process for registering with them
If you are registered with a collection agency for neighbouring rights, you can register your derivative recordings with them - but it is important that you do so in a way that ensures the original rightsholders for the sampled song can also claim their share.
If you are self-releasing your music (ie you own the copyright / don't have a label)
- When you register a recording with a CMO, there are two pools of royalties, one for labels / licensors / rights owners and one for artists / performers.
- You can register with the CMO as both a rights owner and as an artist.
- When you register your recording(s) with your CMO, you should make a partial claim as a rights owner for the share specified in the license (eg 80%). The remaining share should remain unclaimed as this is the share owed to the original rightsholders.
- As an Artist / Performer, you can then claim 100% of the performer share for the new recording if you are the only Featured Artist. If there are other Featured Artists on the derivative work, you need to confirm the splits with them and then make your artist claims accordingly. (Note: the artists on the original (sampled) song are not featured artists on the new recording and therefore should not be added).
- Depending on the CMO, you may also be able to add non-featured performers (eg. session musicians or band members) to the registration as well. You should NOT add artists or performers from the original song as non-featured performers.
If you are releasing your music via a label
- The label (or copyright owner) should register the recording with the CMO and make a partial claim as a rights owner for the share specified in the license (eg 80%). The remaining share should remain unclaimed.
- As an Artist / Performer, you can then claim 100% of the performer share for the new recording if you are the only Featured Artist. If there are other Featured Artist on the derivative work, you need to confirm the splits with them and then make your artist claim accordingly. (Note: the artists on the original (sampled) song are not featured artists on the new recording and therefore should not be added).
- Depending on the CMO, you may also be able to add non-featured performers (eg. session musicians or band members) to the registration as well. You should NOT add artists or performers from the original song as non-featured performers.
The original rightsholders are notified when a new sample license is granted and are provided with the details of the new derivative song. They can then register the song with their CMO and claim their share as a rights owner (or if they use the same CMO, file a claim for their share of the existing registration. Artists or performers who contributed to the original song may also make claims to be added to the registration(s) as non-featured artists in order to receive their share of neighbouring rights royalties. With selected CMOs, these secondary claims may result in you or your label receiving requests for approval. In order to comply with the terms of the license agreement, you need to ensure that these requests are approved to ensure that all rights owners and performers are able to claim their share.