Being an independent artist can mean wearing many different hats. It’s not enough these days to just create music, you have to figure out how to record and release it and pitch to curators, all while trying to grow your audience. It’s no wonder there’s often little time left to consider music rights.
Take a deep breath, you’re not alone. Understanding music rights can be tricky. After all, it’s one of the most misunderstood parts of the industry, especially for artists who don’t have a label or legal team explaining things to them.
But having an expert team behind you doesn’t have to translate to paid lawyers. We’ve asked our friends at Octiive how artists can effectively protect their work, so they debunked five common music rights myths, just for you. Here’s how to protect your work and your future, whether you’re based in the U.S. or the EU.
Misconception #1: “Copyright is automatic, so I don’t need to register anything”
When you create an original song, you own the copyright. However, it’s what you do next that matters the most.
Copyright registration is very important in the U.S. While it’s true that rights exist automatically, copyright can provide extra protection, particularly in legal situations. It’s what helps you prove that the work is yours and makes it easier to win a lawsuit if someone uses it without permission.
In most EU nations, copyright is also automatic, but formal registration is usually not required, and in some cases not even available. Instead, enforcement relies on being able to prove authorship and ownership through dated evidence, contracts, and registrations with collecting societies.
Why documenting ownership matters (U.S. & EU):
- Proof of authorship: Clear evidence if ownership is disputed
- Stronger enforcement: Easier takedowns and legal action when needed
- Smoother licensing: Brands, platforms, and supervisors prefer well-documented works
If you’re actively sharing music, pitching through Groover, or releasing tracks publicly, making sure your ownership is clearly documented is a smart move, how you do that just depends on where you’re based.
Misconception #2: “Fair use means I can use any song if it’s short or non-commercial”
Many artists find this to be the most confusing area of music rights.
In the U.S., fair use is a rule that is used on a case by case basis. For example, it depends on things like how much of a song you used, how much it was manipulated, and whether it impacts the original song’s ability to be profitable.
In the EU, there is no broad fair use rule. Instead, countries rely on specific copyright exceptions (often referred to as fair dealing), which are generally narrower and vary by territory.
Common myths across both systems:
- Short clips are always okay
- Non-commercial use is automatically allowed
- Changing lyrics makes something a parody
None of these assumptions are automatically true. If you’re unsure whether a use is permitted, the safest route, on both sides of the Atlantic, is permission or proper licensing. Misunderstanding these rules can lead to takedowns, lost opportunities, or legal headaches.
Misconception #3: “Music rights management is only for major labels”
Not signed by a label? You still need to pay attention to music rights management.
Rights management is how artists get paid, regardless of if they are represented by a major label. Whether you’re independent or signed, your music can generate multiple types of royalties from streaming, performances, broadcasts, and sync placements.
What differs between regions is how those royalties are collected.
In the U.S., artists typically work with a combination of PROs, mechanical rights agencies, and distributors. In the EU, groups like SACEM, GEMA, and PRS help collect money and make sure the right artists are paid.
Music rights management generally includes:
- Registering your works with the appropriate organizations
- Ensuring performance, mechanical, and digital royalties are collected
- Monitoring where and how your music is used
As an indie artist, you’re your own business. Managing your rights, directly or through the right partners, is part of building something sustainable, not just something that sounds good.
Misconception #4: “I can’t license my music without a label”
This is where the evolution of time definitely has an impact. Ten years ago this myth teetered on being fact. But today, it’s a different story.
You can license your music if you understand how licensing works and where your music fits. For example, sync placements, brand collaborations, and media uses are accessible.
Common license types include:
- Sync licenses (film, TV, ads, YouTube)
- Mechanical licenses (reproductions and distributions)
- Performance licenses (typically handled via PROs or collecting societies)
While the mechanics vary between the U.S. and EU, the principle is the same: you don’t need a label to license your music. Licensing independently allows you to keep control while opening up new revenue streams.
Misconception #5: “Digital music rights are the same as physical rights”
Streaming changed everything.
In both the U.S. and the EU, digital music works differently than physical sales (like CDs or records). Instead of one-time purchases, revenue now comes from streams, downloads, and platform-specific licenses. And this can happen in many countries at the same time.
Key differences to understand:
- Revenue: Streaming pays per play, not per unit sold
- Control: Platforms set terms artists must agree to
- Reach: Digital distribution is global by default
It’s important to know how digital rights work so you can make informed choices about where and how you release your music.
Learn more about how to make Impactful Placements
A note on master rights (and why they matter more than ever)
One area artists often overlook is master rights – who owns the final sound recording of a song.
Some platforms and deals quietly take a share of these rights. Others don’t.
That’s why many independent artists choose distributors and services that allow them to retain 100% ownership of their masters. Keeping your master rights gives you long-term control over licensing, earnings, and how your music is used, regardless of whether opportunities arise in the U.S., the EU, or beyond.
Knowledge is power (and protection)
We hope this myth-busting guide helps break down some of the mystique around music rights. While it’s not the most glamorous part of the industry, paying attention and keeping yourself informed can make a big difference in how your career evolves.
Always remember your music is valuable. Giving as much effort to music rights as you do the creative process will help you confidently share it and grow your audience.
Article written by Octiive
