Glossary · Ownership

Neighbouring rights

also filed under: related rights, sound recording performance royalties, neighboring rights

Neighbouring rights are performance royalties paid for the use of a sound RECORDING, as distinct from the performance royalties paid for the underlying composition.

The mechanism

Two separate copyrights exist in most songs: the composition and the recording of it. Performing rights organisations collect for the composition. Neighbouring rights collect for the recording, and are split between the featured artist, the non-featured performers and the rights holder. They are administered by different bodies in different territories, which is why they are the most commonly unclaimed income in music.

A worked example

A record played on digital radio generates a composition royalty routed through a PRO to the writers, and a separate recording royalty routed through a neighbouring-rights body to the performers and the label.
A song on US terrestrial radio pays the writer and pays the performer nothing.

What it is confused with

Why it matters

In the United States, terrestrial AM/FM radio pays the composition side but pays the recording side nothing at all. A record can be in heavy rotation on American radio and generate zero neighbouring-rights income domestically, while the same play in most other countries would pay the performers.

Sources: US Copyright Office
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Related: Recoupment · Black box royalties · 360 deal