The Evolving Landscape of Music Publishing Posthumously
Introduction
The question of who publishes an artist's music after they pass away is a complex and evolving issue. This landscape changes as distribution methods and legal frameworks continue to adapt. Understanding the nuances of estate management, especially with regards to musical works, can provide clarity for both families and industry professionals.
Understanding Estate Management and Probate
When an artist dies, their estate must be settled by a probate court, which can lead to a variety of outcomes for the artist's legacy, particularly with regard to their music. The process typically begins with the presence or absence of a will, which can significantly impact how assets, including music rights, are managed.
The Role of the Executor
The executor is the person designated to manage the estate, ensuring that the instructions detailed in the will are carried out. If there is no will, state laws typically govern how the estate is handled, often leading to legal disputes among heirs.
Herd Rights in Music
Each musical work is typically administered by a composer/publisher split. This means that the publisher retains their share of royalties after the artist's death, and heirs have the opportunity to negotiate a new publishing deal. This is generally a window of approximately 15 years, after which the publisher gains full control.
-songwriter Legacies
In cases where the artist is a songwriter, their publishing company usually continues to administer their work unless the estate decides to move the songs to another publisher. This decision can influence the commercial direction of the legacy in question.
The Role of Record Labels
Record labels release music and pay royalties to the publishing rights holder or the artist's estate, or to the publishing company if the rights have been sold. This process ensures that the artist's musical legacy continues to generate revenue.
Notable Examples of Estate Management and Publishing
The Beatles
The late Beatles members left complex legacies that are managed by their respective estates. Yoko Ono and Olivia Harrison, as widows, have full business partnerships, making significant decisions on projects involving Beatles' recordings. On the other hand, RCA records control Elvis Presley's actual recorded music, holding significant sway over its usage.
Prince and Unresolved Issues
Prince's death without a will has led to numerous legal challenges. Without a clear directive, his estate has been supervised by a mix of individuals, leading to multiple heirs' legal battles and an ongoing quest to release unreleased material. The sheer volume of unreleased material poses significant logistical questions about distribution and commercialization.
Franklin and Brown cases similarly highlight the complexities of managing an estate posthumously. These examples underscore the importance of having a clear plan in place, especially when it comes to managing and developing a musical legacy.
Conclusion
Artist legacies often depend on proper planning and management. Whether through a clear will, explicit business partnerships with family or management, or other legal smart decisions, the process of handling music posthumously can be dynamic, challenging, and rewarding. Understanding these nuances can help both families and the industry navigate the complexities of an artist's legacy.