Music Ownership in Sri Lanka Who Owns a Song?

Описание: Who Is the Owner of a Song?
Understanding Music Ownership Under Sri Lankan Intellectual Property Law

One of the most frequently asked questions in the music and entertainment industry is:
“Who actually owns a song?”

In Sri Lanka, the answer is not a single person in most cases. A song is made up of multiple creative and commercial components, and ownership is divided among different stakeholders under the Intellectual Property Act, No. 36 of 2003.

What Is a “Song” in Legal Terms?

Legally, a song is not one single right. It usually consists of:

The musical work (melody and composition)

The literary work (lyrics)

The performance (singing and playing instruments)

The sound recording (the recorded version of the song)

Each of these elements can have different owners.

1. Composer – Owner of the Musical Composition

The composer is the person who creates the melody, tune, or musical structure of the song.

Legal Position:

Protected under Sections 12–14 of the IP Act

Automatically owns copyright upon creation

Has exclusive rights to:

Reproduce the composition

Perform it publicly

Authorize recordings and online use

✅ The composer owns the music, unless it has been legally assigned or licensed.

2. Lyricist – Owner of the Lyrics

The lyricist owns the words of the song as a literary work.

Legal Position:

Also protected under Sections 12–14

Rights include:

Reproduction

Distribution

Public performance and online communication

✅ Even if the singer or producer is famous, lyrics belong to the lyricist, unless transferred by contract.

3. Singer and Musicians – Performers’ Rights

The singer and instrumentalists do not usually own the song, but they own rights in their performance.

Legal Position:

Protected under Sections 75–79 (Performers’ Rights)

Rights include:

Preventing unauthorized recording of their performance

Authorizing broadcasts and online streaming

Moral right to be identified as the performer

✅ A singer owns rights in how the song is performed, not the underlying composition—unless they are also the composer or lyricist.

4. Producer – Owner of the Sound Recording

The producer (often a label or studio) usually owns the sound recording, which is the recorded version of the song.

Legal Position:

Protected under Sections 70–74

Rights include:

Reproduction of the recording

Distribution and online communication

Licensing to platforms like Spotify or YouTube

✅ This means the producer may own the recording, even though they do not own the music or lyrics.

5. What If a Song Has Multiple Owners?

Most songs have joint ownership, for example:

Composer → owns music

Lyricist → owns lyrics

Singer → owns performance rights

Producer → owns sound recording

Each right must be licensed separately for lawful use, especially online.

6. Does Paying for a Song Make You the Owner?

❌ No.

Paying for studio time

Paying a singer

Paying a producer

does not automatically transfer ownership.

Ownership changes only through a written legal assignment or agreement.

7. Who Owns a Song Uploaded Online?

Uploading a song to:

YouTube

Spotify

TikTok

Social media

❌ does not change ownership.

Platforms receive licenses, not ownership.
Ownership remains with the original rights holders.

8. Role of Collective Management Organizations (CMOs)

CMOs manage rights on behalf of owners by:

Licensing music

Collecting royalties

Distributing income to composers, lyricists, performers, and producers

They do not own the song, but act as rights administrators.

Key Takeaway: Who Owns a Song?

✔ A song does not have one single owner
✔ Ownership depends on what part of the song is being used
✔ Rights are divided among:

Composer

Lyricist

Singer and musicians

Producer

Understanding this distinction is crucial for:

Licensing

Royalties

Online distribution

Avoiding copyright infringement

Final Thought

In Sri Lanka, music ownership is layered and legally protected. Anyone creating, performing, producing, or using music—especially online—must understand who owns which rights before sharing, monetizing, or commercializing a song.