Technically that's right. The music belongs to the record label for the time that is specified in the recording contract.
no, you are wrong... the recording belongs to the label... not the song, though most contracts stipulate that for a period of time... which is generally during the contract term and a specified time after, the band not be able to re-record the same song in order to protect the value of the master recording they paid for.
this is a tough one for some people to wrap their heads around.... they hold the copyright on the RECORDING and the performances embodies therein.... they do not own the song. Thusly, if you re-record a signed band's song and release it as your own without giving proper credits or listing the correct publisher info it's not the record company that will come after you... it will be the publisher, which is sometimes the band themselves if they handle their own publishing administration or a separate company that the band made a publishing deal with (usually in exchange for a publishing advance). Some record companies have publishing departments and try to make publishing deals with many of their bands, giving them separate advances (and separate contracts) for the two.
so, for those who love to think they are somehow "sticking it to the man" by illegally downloading and not buying, based on some misguided justification of "the labels keep all the money anyway, the band never sees any royalties" , i'd advise you to educate yourself a bit better on the subject. Bands can and often do receive royalties after they have re-couped their advance... first of all, "the man" is who pays for the recordings, manufacturing, distribution, promotion, etc. etc..... second, there are 4 sources of royalty income, not only the part from which advances are recouped.... as long as your lawyer has had any cross-collateralization clauses removed, which is the normal thing to do.
i'm not the "defender of the labels" you know.... i've been jacked too... but the amounts were too small to warrant a lawsuit and potential legal fees... but hey, without those labels the albums never would have been made... or at the very least never manufactured, mass produced, and distributed and promoted world wide... and you never would have heard of me.
i actually heard an argument the other day, from an actual recording artist, though a misguided one, that bands can all just record themselves and give their music away free online..... his theory being that on the strength of that home made recording and subsequent mandatory myspace page... the band could tour and support themselves with tour and merch money. ha ha ha ha. The only bands that will be able to do this, in general (there's always a few exceptions to anything), will be bands that are already established and famous and do well and have the money to hire good producers and/or studios... and got that way off the back of the labels that paid for all the recordings and videos that made them famous.
Prince is doing it, Radiohead i think is doing it now.... and more power to them... but lets just see you try with your band before you've ever done anything.
