Decoding Music Rights: Publishing in the Music Industry
Music Publishing Explained

Decoding Music Rights: Publishing in the Music Industry

In the intricate tapestry of the music industry, one crucial aspect that often takes center stage is music publishing rights. These rights serve as the cornerstone of the relationship between creators, publishers, and performers, playing a pivotal role in the monetization and protection of musical works. This article aims to provide a comprehensive exploration of what music publishing rights entail, shedding light on the intricacies that underlie this crucial facet of the industry.


Understanding Music Publishing Rights:

Music publishing rights encompass a spectrum of exclusive rights granted to individuals or entities that control the reproduction, distribution, and public performance of a musical composition. These rights are typically divided between two primary categories: the musical composition and the sound recording. The focus here lies on the musical composition, which involves the underlying musical and lyrical elements of a song.


Mechanical Rights:

Mechanical rights pertain to the reproduction of a musical composition in various formats, including physical copies like CDs and vinyl, as well as digital formats like downloads and streaming.
When a recording artist or record label wishes to use a musical composition, they must obtain a mechanical license from the music publisher, ensuring that the original creator is compensated for the use of their work.


Performance Rights:

Performance rights relate to the public performance of a musical composition. This includes live performances, radio broadcasts, and digital streaming.
Performance rights organizations (PROs) such as ASCAP, BMI, and SESAC collect royalties on behalf of composers and publishers when their music is performed in public.


Synchronization Rights:

Synchronization rights refer to the use of a musical composition in synchronization with visual media, such as film, television, advertisements, video games, and other audio-visual projects.
Securing synchronization licenses is essential for filmmakers and content creators who wish to use music in their projects, ensuring fair compensation for the use of the composition.


Print Rights:

Print rights involve the reproduction of sheet music or lyrics for distribution and sale.
Publishers control print rights and grant licenses to those who wish to reproduce and distribute sheet music or lyrics for commercial purposes.


Music Publishers and Their Role:

Music publishers play a crucial role in the administration and exploitation of music publishing rights. They act as intermediaries between the composers and the various entities seeking to use the music. Publishers handle the licensing process, monitor the usage of compositions, and ensure that composers receive fair compensation for the exploitation of their work.

Furthermore, publishers often engage in sub-publishing agreements, allowing them to represent the interests of composers in various territories worldwide. This global reach enables composers to monetize their works on an international scale, with publishers actively seeking opportunities for placement and licensing.


Challenges in the Digital Age:

The digital revolution has brought both opportunities and challenges to the realm of music publishing. While the ease of digital distribution has expanded the reach of music globally, it has also presented challenges related to piracy, unauthorized use, and the tracking of royalties in an increasingly complex landscape.

Emerging technologies and blockchain solutions are being explored to address some of these challenges, offering transparency and efficiency in tracking the usage of music and ensuring that creators receive their fair share of compensation.


Conclusion:

In the symphony of the music industry, publishing rights are the sheet music that guides the relationship between creators and the wider world. Understanding the intricacies of mechanical, performance, synchronization, and print rights is crucial for artists, composers, and industry professionals alike. As the industry continues to evolve, a harmonious balance between tradition and innovation will shape the landscape of music publishing, ensuring that creators are not only protected but also empowered to share their art with the world.


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Mp3 Unlimited
WAV
License Terms

Unlimited License Agreement

This License agreement is made on _____ (“Effective Date”) by and between _____ (“Licensee”) and Thomas Hodek (Tellingbeatzz) (“Licensor”). Licensor warrants that it controls the mechanical rights in and to the musical work named "_____" (“Instrumental”) being sold to Licensee as of and prior to the Effective Date. The Licensee and Licensor have agreed to the following terms:

Master Use

The Licensor hereby grants to Licensee a non-exclusive License to record vocal synchronization to the Instrumental partly or in its entirety and substantially in its original form for the specific use of manufacturing, distributing, and selling records embodying the Instrumental. The Licensor also grants the right to use the name of the producer (Tellingbeatzz) in connection with the advertising, publicizing or sale of records manufactured, distributed, and sold. Licensee shall have the right to alter, adapt, change, or remix the Instrumental. Any rights not specifically granted and set forth in this license are hereby reserved by the producer.

Ownership

The Licensor maintains 100% full rights (copyright, publishing, and ownership) of the Instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another party purchases exclusive rights to the Instrumental from the Licensor, the Licensee will retain non-exclusive rights under the limitations listed in this agreement until these terms have been fulfilled.

Mechanical Rights

The Licensor hereby grants to Licensee a non-exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively,” Recordings”) worldwide for up to the pressing or selling unlimited copies of such Recordings or any combination of such Recordings.

Publishing and Royalties

The Licensor shall retain 100% of the Publishing of the Instrumental. The Licensee is entitled to keep 100% of all royalties that are generated from sales of the Master Recording on digital retailers (such as iTunes), through physical sales (such as Compact Disks), and through online streaming services (such as Spotify). However, if the licensee would optionally like to share royalties with the Licensor, the Licensor's PRO information is listed below for convenience. PRO Information: PRO: GEMA (Germany) Name: Thomas Hodek Composer: Tellingbeatzz CAW / IPI No: 716014087

Streaming

The Licensee is entitled to an unlimited amount of monetized audio streams (on all streaming platforms such as Spotify) and unlimited monetized video streams (on all platforms supporting video such as Youtube) for the song(s) created with the Instrumental. All streaming royalties generated by the Licensee's song(s) belong to the Licensee.

YouTube Policy (Content ID)

The Licensor maintains the unlimited, worldwide rights to register the Instrumental with a Content ID program/institution such as Airbit.com, etc., and be the sole administrator of YouTube rights using such a Content ID program. This is necessary and entitles Licensor to maintain the administrative and legislative rights to the Instrumental. What Content ID does is scan youtube videos for audio material produced by Thomas Hodek (Tellingbeatzz) and automatically sends a copyright claim, which blocks videos from monetization temporarily. The video will keep playing without any other limitations. To remove such a claim, all licensees must open a Content ID dispute including the order number, PayPal transaction ID, Stripe transaction ID, or the email address used for purchase. It is recommended to dispute within the first 5 days of receiving the claim. Official Google article: https:// support.google.com/youtube/answer/7000961?hl=en

Performance Right

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited paid performances and unlimited non-profit performances, shows, or concerts.

Music Videos

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited music videos.

Synchronization Rights

The Licensor hereby grants to Licensee a non-exclusive License to copy, perform, edit, and/or loop portions of, record on film, video, digital animations, and video games (collectively, “Projects”) and use the Master Recording in synchronization or timed relation with the productions in unlimited Projects.

Broadcast Rights

The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording on unlimited radio stations or through unlimited station channels, respectively.

Credit

Licensee shall give the producer appropriate production and songwriting credit on all compact discs, record and cassette labels or any other record configuration manufactured which is now known or created in the future that embodies the Instrumental created hereunder and on all cover liner notes. Such credit shall be in the substantial form: "Produced by Tellingbeatzz"

Sampling

The Licensee agrees that the Instrumental is purchased as a “Work Made for Hire” whereby the clearing of any sampled materials is the responsibility of the Licensee. Indemnification Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of the Licensee’s representations, warranties or agreements hereunder.

Miscellaneous

This License is non-transferable and is limited to the Instrumental specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Instrumental, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives. The Licensee shall provide the Producer with one (1) digital copy of the completed record within thirty (30) days after the release of any record embodying the masters via email to info@tellingbeatzz.com

Restrictions

All sounds, drums, and vocals included are the property of the licensor and cannot be used for any purpose other than as described in this agreement. The audio content cannot be used to create any of the following derivative works: instrumentals for sale, loop packs, vst instruments, or any other competitive product. The audio content cannot be shared with anyone unless they are directly involved in the Master recording (audio engineer, featured artist, musician, etc.). Any Master recording that is found in violation of these restrictions may be subject to termination of its commercial rights without refund. In addition, the Master recording may be subject to removal from all third-party distributors with the assistance of copyright infringement enforcers. Any loss incurred with such removal is not the responsibility of the Licensor. If the licensee is unsure of the details of the commercial rights, the licensee must contact the licensor for assistance in clarifying any of these restrictions.

Governing Law

This License is governed by and shall be construed under the laws of the Licensor’s resident country, without regard to the conflicts of laws and principles thereof. By receiving this contract via email, you automatically agree to the terms stated above and gain non-exclusive rights to the Instrumental.
Wav Unlimited
WAV, MP3
License Terms

Unlimited License Agreement

This License agreement is made on _____ (“Effective Date”) by and between _____ (“Licensee”) and Thomas Hodek (Tellingbeatzz) (“Licensor”). Licensor warrants that it controls the mechanical rights in and to the musical work named "_____" (“Instrumental”) being sold to Licensee as of and prior to the Effective Date. The Licensee and Licensor have agreed to the following terms:

Master Use

The Licensor hereby grants to Licensee a non-exclusive License to record vocal synchronization to the Instrumental partly or in its entirety and substantially in its original form for the specific use of manufacturing, distributing, and selling records embodying the Instrumental. The Licensor also grants the right to use the name of the producer (Tellingbeatzz) in connection with the advertising, publicizing or sale of records manufactured, distributed, and sold. Licensee shall have the right to alter, adapt, change, or remix the Instrumental. Any rights not specifically granted and set forth in this license are hereby reserved by the producer.

Ownership

The Licensor maintains 100% full rights (copyright, publishing, and ownership) of the Instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another party purchases exclusive rights to the Instrumental from the Licensor, the Licensee will retain non-exclusive rights under the limitations listed in this agreement until these terms have been fulfilled.

Mechanical Rights

The Licensor hereby grants to Licensee a non-exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively,” Recordings”) worldwide for up to the pressing or selling unlimited copies of such Recordings or any combination of such Recordings.

Publishing and Royalties

The Licensor shall retain 100% of the Publishing of the Instrumental. The Licensee is entitled to keep 100% of all royalties that are generated from sales of the Master Recording on digital retailers (such as iTunes), through physical sales (such as Compact Disks), and through online streaming services (such as Spotify). However, if the licensee would optionally like to share royalties with the Licensor, the Licensor's PRO information is listed below for convenience. PRO Information: PRO: GEMA (Germany) Name: Thomas Hodek Composer: Tellingbeatzz CAW / IPI No: 716014087

Streaming

The Licensee is entitled to an unlimited amount of monetized audio streams (on all streaming platforms such as Spotify) and unlimited monetized video streams (on all platforms supporting video such as Youtube) for the song(s) created with the Instrumental. All streaming royalties generated by the Licensee's song(s) belong to the Licensee.

YouTube Policy (Content ID)

The Licensor maintains the unlimited, worldwide rights to register the Instrumental with a Content ID program/institution such as Airbit.com, etc., and be the sole administrator of YouTube rights using such a Content ID program. This is necessary and entitles Licensor to maintain the administrative and legislative rights to the Instrumental. What Content ID does is scan youtube videos for audio material produced by Thomas Hodek (Tellingbeatzz) and automatically sends a copyright claim, which blocks videos from monetization temporarily. The video will keep playing without any other limitations. To remove such a claim, all licensees must open a Content ID dispute including the order number, PayPal transaction ID, Stripe transaction ID, or the email address used for purchase. It is recommended to dispute within the first 5 days of receiving the claim. Official Google article: https:// support.google.com/youtube/answer/7000961?hl=en

Performance Right

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited paid performances and unlimited non-profit performances, shows, or concerts.

Music Videos

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited music videos.

Synchronization Rights

The Licensor hereby grants to Licensee a non-exclusive License to copy, perform, edit, and/or loop portions of, record on film, video, digital animations, and video games (collectively, “Projects”) and use the Master Recording in synchronization or timed relation with the productions in unlimited Projects.

Broadcast Rights

The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording on unlimited radio stations or through unlimited station channels, respectively.

Credit

Licensee shall give the producer appropriate production and songwriting credit on all compact discs, record and cassette labels or any other record configuration manufactured which is now known or created in the future that embodies the Instrumental created hereunder and on all cover liner notes. Such credit shall be in the substantial form: "Produced by Tellingbeatzz"

Sampling

The Licensee agrees that the Instrumental is purchased as a “Work Made for Hire” whereby the clearing of any sampled materials is the responsibility of the Licensee. Indemnification Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of the Licensee’s representations, warranties or agreements hereunder.

Miscellaneous

This License is non-transferable and is limited to the Instrumental specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Instrumental, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives. The Licensee shall provide the Producer with one (1) digital copy of the completed record within thirty (30) days after the release of any record embodying the masters via email to info@tellingbeatzz.com

Restrictions

All sounds, drums, and vocals included are the property of the licensor and cannot be used for any purpose other than as described in this agreement. The audio content cannot be used to create any of the following derivative works: instrumentals for sale, loop packs, vst instruments, or any other competitive product. The audio content cannot be shared with anyone unless they are directly involved in the Master recording (audio engineer, featured artist, musician, etc.). Any Master recording that is found in violation of these restrictions may be subject to termination of its commercial rights without refund. In addition, the Master recording may be subject to removal from all third-party distributors with the assistance of copyright infringement enforcers. Any loss incurred with such removal is not the responsibility of the Licensor. If the licensee is unsure of the details of the commercial rights, the licensee must contact the licensor for assistance in clarifying any of these restrictions.

Governing Law

This License is governed by and shall be construed under the laws of the Licensor’s resident country, without regard to the conflicts of laws and principles thereof. By receiving this contract via email, you automatically agree to the terms stated above and gain non-exclusive rights to the Instrumental.
Trackout Unlimited
WAV, MP3, Trackout
License Terms

Unlimited License Agreement

This License agreement is made on _____ (“Effective Date”) by and between _____ (“Licensee”) and Thomas Hodek (Tellingbeatzz) (“Licensor”). Licensor warrants that it controls the mechanical rights in and to the musical work named "_____" (“Instrumental”) being sold to Licensee as of and prior to the Effective Date. The Licensee and Licensor have agreed to the following terms:

Master Use

The Licensor hereby grants to Licensee a non-exclusive License to record vocal synchronization to the Instrumental partly or in its entirety and substantially in its original form for the specific use of manufacturing, distributing, and selling records embodying the Instrumental. The Licensor also grants the right to use the name of the producer (Tellingbeatzz) in connection with the advertising, publicizing or sale of records manufactured, distributed, and sold. Licensee shall have the right to alter, adapt, change, or remix the Instrumental. Any rights not specifically granted and set forth in this license are hereby reserved by the producer.

Ownership

The Licensor maintains 100% full rights (copyright, publishing, and ownership) of the Instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another party purchases exclusive rights to the Instrumental from the Licensor, the Licensee will retain non-exclusive rights under the limitations listed in this agreement until these terms have been fulfilled.

Mechanical Rights

The Licensor hereby grants to Licensee a non-exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively,” Recordings”) worldwide for up to the pressing or selling unlimited copies of such Recordings or any combination of such Recordings.

Publishing and Royalties

The Licensor shall retain 100% of the Publishing of the Instrumental. The Licensee is entitled to keep 100% of all royalties that are generated from sales of the Master Recording on digital retailers (such as iTunes), through physical sales (such as Compact Disks), and through online streaming services (such as Spotify). However, if the licensee would optionally like to share royalties with the Licensor, the Licensor's PRO information is listed below for convenience. PRO Information: PRO: GEMA (Germany) Name: Thomas Hodek Composer: Tellingbeatzz CAW / IPI No: 716014087

Streaming

The Licensee is entitled to an unlimited amount of monetized audio streams (on all streaming platforms such as Spotify) and unlimited monetized video streams (on all platforms supporting video such as Youtube) for the song(s) created with the Instrumental. All streaming royalties generated by the Licensee's song(s) belong to the Licensee.

YouTube Policy (Content ID)

The Licensor maintains the unlimited, worldwide rights to register the Instrumental with a Content ID program/institution such as Airbit.com, etc., and be the sole administrator of YouTube rights using such a Content ID program. This is necessary and entitles Licensor to maintain the administrative and legislative rights to the Instrumental. What Content ID does is scan youtube videos for audio material produced by Thomas Hodek (Tellingbeatzz) and automatically sends a copyright claim, which blocks videos from monetization temporarily. The video will keep playing without any other limitations. To remove such a claim, all licensees must open a Content ID dispute including the order number, PayPal transaction ID, Stripe transaction ID, or the email address used for purchase. It is recommended to dispute within the first 5 days of receiving the claim. Official Google article: https:// support.google.com/youtube/answer/7000961?hl=en

Performance Right

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited paid performances and unlimited non-profit performances, shows, or concerts.

Music Videos

The Licensor hereby grants to Licensee a non-exclusive License to use the Master Recording in unlimited music videos.

Synchronization Rights

The Licensor hereby grants to Licensee a non-exclusive License to copy, perform, edit, and/or loop portions of, record on film, video, digital animations, and video games (collectively, “Projects”) and use the Master Recording in synchronization or timed relation with the productions in unlimited Projects.

Broadcast Rights

The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording on unlimited radio stations or through unlimited station channels, respectively.

Credit

Licensee shall give the producer appropriate production and songwriting credit on all compact discs, record and cassette labels or any other record configuration manufactured which is now known or created in the future that embodies the Instrumental created hereunder and on all cover liner notes. Such credit shall be in the substantial form: "Produced by Tellingbeatzz"

Sampling

The Licensee agrees that the Instrumental is purchased as a “Work Made for Hire” whereby the clearing of any sampled materials is the responsibility of the Licensee. Indemnification Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of the Licensee’s representations, warranties or agreements hereunder.

Miscellaneous

This License is non-transferable and is limited to the Instrumental specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Instrumental, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives. The Licensee shall provide the Producer with one (1) digital copy of the completed record within thirty (30) days after the release of any record embodying the masters via email to info@tellingbeatzz.com

Restrictions

All sounds, drums, and vocals included are the property of the licensor and cannot be used for any purpose other than as described in this agreement. The audio content cannot be used to create any of the following derivative works: instrumentals for sale, loop packs, vst instruments, or any other competitive product. The audio content cannot be shared with anyone unless they are directly involved in the Master recording (audio engineer, featured artist, musician, etc.). Any Master recording that is found in violation of these restrictions may be subject to termination of its commercial rights without refund. In addition, the Master recording may be subject to removal from all third-party distributors with the assistance of copyright infringement enforcers. Any loss incurred with such removal is not the responsibility of the Licensor. If the licensee is unsure of the details of the commercial rights, the licensee must contact the licensor for assistance in clarifying any of these restrictions.

Governing Law

This License is governed by and shall be construed under the laws of the Licensor’s resident country, without regard to the conflicts of laws and principles thereof. By receiving this contract via email, you automatically agree to the terms stated above and gain non-exclusive rights to the Instrumental.
Exclusive
WAV, MP3, Trackout
License Terms

THIS LICENSE AGREEMENT is made on 7th June 2024 ("Effective Date") by and between Licensee(hereinafter referred to as the "Licensee") also, if applicable, professionally known as Licensee, residing at [N/A] and Thomas Hodek. (hereinafter referred to as the "Licensor"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled "BEAT NAME("Composition") as of and prior to the date first written above. The Composition, including the music thereof, was composed by Thomas Hodek ("Songwriter") managed under the Licensor.

All licenses are non-refundable and non-transferable.

Master Use.

The Licensor hereby grants to Licensee an exclusive license (this "License) to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form ("Master Recording“).

Mechanical Rights. 

The Licensor hereby grants to Licensee an exclusive license to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the "Recordings", and individually, a "Recordings") worldwide for unlimited copies of such Recordings or any combination of such Recordings, condition upon the payment to the Licensor a sum of Varies US Dollars ($Varies), receipt of which is confirmed. Additionally licensee shall be permitted to distribute unlimited internet downloads for non-profit and non-commercial use. 

Performance Rights. 

The Licensor here by grants to Licensee an exclusive license to use the Master Recording in unlimited for- profit performances, shows, or concerts.

Broadcast Rights. 

The Licensor hereby grants to Licensee an exclusive license to broadcast or air the Master Recording in unlimited amounts of radio stations. 

Credit. 

Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats under the name "Thomas Hodek" in writing where possible and vocally otherwise. 

Synchronization. 

Licensee may exploit and monetize from licensee's unique derived work(s) of composition for use on TV, Film, Video game or other synchronous projects. Licensee may represent other publishing owners of the original composition for exploitation and have full authority of granting non-exclusive license for synchronization use as long as credit and publishing information is provided to such agency. 

Consideration.

In consideration for the rights granted under this agreement, Licensee shall pay to licensor the sum of Varies US dollars ($Varies) and other good and valuable consideration, payable to "Thomas Hodek", receipt of which is hereby acknowledged. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the licensor shall have the right to terminate License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under applicable law, including, without limitation, the United States Copyright Act, as amended. 

Indemnification. 

Accordingly, Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney's fees, arising of or resulting from a claimed breach of any of Licensee's representations, warranties or agreements hereunder.

Audio Samples. 

3rd party sample clearance is the responsibility of the licensee.

Miscellaneous. 

This license is non-transferable and is limited to the Composition specified above.

Governing Law.

This License is governed by and shall be construed under the law of the Bayern DE, without regard to the conflicts of laws principles thereof. 

Licensee, owns 50% of publishing rights.Tellingbeatzz (GEMA), owns 50% of publishing rights - Licensee, owns 50% of publishing rights.Tellingbeatzz (GEMA), owns 50% of publishing rights