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Toronto’s music scene thrives on co-writes, feature verses, beat swaps, and remote stem sessions. The creative chemistry is electric—but the legal boundaries of who owns which slice of the song often remain fuzzy until streaming cheques (or lawsuits) arrive. In Ontario, collaboration agreements are not just industry etiquette; they are the backbone of copyright and royalty allocations that will follow a track for 70 years after the last contributor dies. Below is a roadmap of the ownership questions every songwriter, producer, and label should settle before the first mixdown.
Copyright Basics: Composition vs. Master
- Composition (Publishing Rights) – Melody, harmony, and lyrics are protected from the moment they are fixed as a tangible file or notation. All co-writers are co-owners unless written splits say otherwise.
– - Master Recording – The specific recorded performance. Typically owned by whoever funds the session—label, indie artist, or collective—unless a written deal re-allocates ownership.
A collaboration can therefore produce two separate copyrights, each with its own set of owners, royalties, and exploitation rights.
Co-Writing: Setting the Split Upfront
Canada’s Copyright Act presumes equal ownership for joint authors. If three writers contribute in varying degrees but never sign a split sheet, each owns one-third. That default can force the primary writer to share publishing control, vetoes, and royalties far beyond the intended share.
Best practice
- Agree on percentages (e.g., 50/25/25) as soon as the topline is drafted.
- Use SOCAN split sheets or a simple email with all writers CC’d for an evidentiary trail.
- Include moral-rights waivers if the track might be edited, remixed, or sampled later.
Producer Contributions: Beat Sales, Leases, and Work-For-Hire
Ontario producers often sell beats by email invoice or BeatStars licences. Each model carries a different ownership outcome:
- Exclusive Sale – Producer assigns the underlying composition and master (if any) to the artist in exchange for a lump sum plus potential backend percentage.
– - Non-Exclusive Lease – Producer retains ownership; multiple artists can license the beat.
– - Work-For-Hire – Canada does not recognise “work for hire” for independent contractors. Producers must sign a written assignment to transfer ownership; otherwise, they retain copyright.–
If the producer’s beat becomes integral to the composition, they may also claim co-writing status unless expressly waived.
Featured Artists: Master and Neighbouring Rights
When a rapper drops a feature verse on a track:
- Mandatory mediation – Some contractMaster-side – Unless paid a buyout fee and assigning rights, the feature vocalist owns a share of the recording and is entitled to neighbouring-rights royalties from Re:Sound and ACTRA RACS.
– - Publishing-side – If the verse includes newly written lyrics or melody lines, the feature may also own part of the composition.
Contracts should clarify whether the feature is a guest performer (paid fee, no ownership) or a bona fide co-author.
Samples and Interpolations: Stacking Ownership Tiers
A collaboration that samples Marvin Gaye, layers a YouTube dialogue clip, or interpolates a French horn riff adds extra rightsholders:
- Sampled master licence from the original label
– - Sampled composition licence from the publisher
– - Your own new composition split
Failure to clear any tier exposes all contributors to infringement suits. Include a warranty that each collaborator’s contributions are original or properly licensed.
Joint Ownership Pitfalls
- Unanimous Consent – Co-owners must all agree on licensing a composition; one holdout can block sync deals.
– - Alienation of Shares – A writer can independently assign their share to a publisher, complicating future negotiations.
– - Royalty Collection – SOCAN and Re:Sound pay each owner individually. Unregistered splits cause delays and misdirected payouts.
A joint-ownership agreement can sidestep these pitfalls by:
- Designating a single administrator for sync and publishing deals
– - Requiring majority, not unanimous, consent for licensing
– - Setting audit rights and dispute-resolution mechanisms
International Collaboration: Choice of Law and Territory
Remote sessions with U.S. or EU creators raise cross-border issues:
- Governing law – Choose Ontario law for predictability; otherwise, conflict-of-law disputes can stall releases.
– - Collective-management overlaps – Register splits with SOCAN (Canada) and foreign PROs (BMI, PRS) to avoid black-box royalties.
– - Moral rights – Non-waivable in Canada, but waivable in many other jurisdictions. Align contract clauses with the strictest regime to keep options open for edits and remixes.
Key Clauses for a Collaboration Agreement
- Credits & Splits – Final percentages for composition and master; who gets featured billing.
– - Advance & Recoupment – Upfront producer or feature fees and recoup hierarchy.
– - Royalty Rates – Producer points on master, publishing admin fees, neighbouring-rights shares.
– - Approvals – Who signs off on mixes, artwork, and music-video edits.
– - Sample Clearance Responsibility – Assigned to a specific party (usually the funding label).
– - Moral-Rights Waiver – Allows edits, remixes, ad placements.
– - Dispute Resolution – Ontario courts or arbitration; timeline for mediation before litigation.
How AMAR-VR LAW Can Help
Our entertainment-law practice:
- Drafts and negotiates split sheets, producer agreements, and feature contracts tailored to Canadian law.
– - Clears samples, secures sync rights, and structures buyouts to protect against future claims.
– - Advises on SOCAN, Re:Sound, and neighbouring-rights registrations to ensure every collaborator collects.
– - Mediates split disputes before they spiral into court battles.
– - Integrates international collaborators under one cohesive rights framework.–
Conclusion
Music collaborations fuel innovation but complicate ownership. Without written splits, assignments, and moral-rights waivers, co-creators in Ontario risk stalled releases, disputed royalties, and litigation. By tackling IP questions early—who owns what, who controls licences, who collects which royalties—teams can spend less time untangling rights and more time making hits.
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Contact us today for a consultation to get airtight agreements and strategic advice. We’ll ensure your next collaboration is harmonised both musically and legally.
Frequently Asked Questions (FAQs)
- What’s the difference between composition rights and master rights in a collaboration?
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Composition (publishing) rights cover the melody, harmony, and lyrics, while master rights cover the actual recorded performance. Both can have separate owners and need to be addressed independently in contracts.
– - If we don’t sign a split sheet, how are songwriting credits divided?
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Under Canadian law, co-writers are presumed to own equal shares unless a written agreement says otherwise. This can lead to unintended ownership splits if not clarified upfront.
– - Does Canada recognize “work-for-hire” for producers?
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No. In Canada, “work-for-hire” language is not sufficient for independent contractors like producers. A written assignment is required for the artist or label to own the producer’s copyright.
– - Do featured artists automatically own a share of the master recording?
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Yes, unless there’s a clear buyout or assignment agreement, featured vocalists often have ownership rights to the master and may also collect neighbouring rights royalties through Re:Sound or ACTRA RACS.
– - What happens if a song includes samples or interpolations?
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Samples add layers of ownership and require clearance for both the master and composition rights from the original rightsholders. Without clearance, all collaborators face infringement risk.