What’s the difference between a performer and an artist for royalty collection?

Understanding the difference between an artist and a performer is key when it comes to getting paid what you are owed.

In general, the distinction between an artist and a performer in royalty collection is rooted in the type of contribution they could potentially make to a sound recording and the rights associated with those contributions. 

Let’s take a look.

Key Takeaway:

• Performers are usually anyone that performs on a recording (sings or plays an instrument). It’s a more general term which can also apply to live performances (which we will not get into here). A performer can be a main artist, or, more often, a non-featured performer like a back-up vocalist.

• Artists are usually the main performer in a recording. They can be called main or featured artists, or main or featured performers.

So, in some cases, in day-to-day language, there can be an overlap between the two terms. But when it comes to royalty collection, the main difference lies in the level of contribution you make to a recording. 

What is a “performer” for copyright purposes?

A performer is a general term for someone who performs on a recording. A performer can be a main artist, or a singer or instrumentalist. This includes background vocalists, session musicians, and more.

For copyright purposes, performers are singers and instrumentalists who focus on delivering music to audiences, and are therefore eligible to earn royalties related to recorded performances, whether of their own or others’ work. 

Performers can include:

• Background vocalists: Hired singers who sing on a recording.
• Session musicians: Hired musicians who play an instrument on a recording.
• Main and featured artists: The primary performers or group of performers.
• Remixers: An individual or group who takes an existing recording and reworks it to create a new version.

A performer can potentially earn royalties from recordings they have performed on if they are registered with a CMO and submit recording registrations. Possible royalty streams include:

• Royalties linked to Neighbouring rights: Collected for public use or broadcast of sound recordings (e.g., radio play in countries where applicable).
• Digital performance royalties: Earned for online radio and streaming services that use the sound recording in the United States.

A performer’s royalties are calculated based on the perceived degree of the musician’s contribution. This brings us to the next definition: artist.

What is an “artist” for copyright purposes?

In the world of recorded music, the term artist, like performer, can apply to different people. Most often it is used to describe a featured or main artist, or someone who is the creator of their own musical project.

An artist could be the  singer or main performer on a recording and also the composer of the underlying musical work. Note: In the case of artists writing the composition or lyrics, the specific titles such as composer, lyricist or songwriter more clearly define their role. Songwriters are entitled to their own unique royalties from the musical work (but not from the sound recording), such as mechanical royalties, regardless of whether they perform them themselves. If you’re only a composer, it does not mean you’re not an “artist” in the larger sense, but you would not be able to collect royalties as an artist/performer.

For royalty collection purposes, as an artist, main and featured artists on a recording are referred to as featured artists/performers. All other performers such as session musicians and background vocalists are referred to as non-featured artists/performers. Note that bands that contain permanent members will likely refer to all members as featured artists for royalty collection purposes.

Artists themselves are responsible for understanding the distinction between featured artists/performers and non-featured  artists/performers on a recording. They can use the right music metadata to define their role and identify the types of royalties they can earn. Providing the complete list of credits, including all the non-featured artists/performers on a recording, is also key to collecting all your royalties.  

Neighbouring rights and royalties for recordings in the US and Canada

In both the US and Canada, royalties for public performance of recorded music follow a few basic rules:

First, royalties are split 50/50 between the producer (or rights owners) and the performers.

Then, the performers split their lump sum according to their level of contribution to the recording.

• In Canada, 80% of this remaining sum goes to the featured artist(s)/performer(s). The remaining 20% goes to the non-featured artist(s)/performer(s). 
• In the US, 90% goes to the featured artist(s)/performer(s), and 10% goes to the non-featured artist(s)/performer(s).

Keep in mind also that in the United States, radio plays do not lead to any royalties unless they are digital radio plays on platforms like SiriusXM, Pandora, and iHeartRadio (digital performance royalties from non-interactive streams). Terrestrial radio plays of any kind in the US do not lead to neighbouring rights royalties. 

Artists, performers, rights and royalties

Understanding the nature of your role is key to claiming the royalties you are owed. Artists and performers need to know that they can earn a specific amount of royalties when they contribute to a recording as a non-featured artist/performer, and a different amount as a featured artist.

Performers come in all shapes and sizes, and when it comes to the world of recording, understanding your role means clarifying the level of contribution you have made to a recording so you can claim your rights and earn royalties.

Determining your rights comes down to your specific contribution to each individual recording. You may be the featured artist/performer in one recording, and a non-featured  performer in another. 

Remember, all performers also need to register with the appropriate country-specific organisation to collect digital performance royalties or claim neighboring rights.

In short, knowing whether you’re an artist, performer, or both means you can claim the royalties tied to your contributions and avoid leaving money uncollected (so-called “black-box” royalties).

Sign up with MusicTeam® and get paid what you are owed

Not sure if you should be calling yourself an artist or a performer? Still wondering whether you need an ISWC or ISRC and wondering how you are going to organise the process of earning royalties?

MusicTeam® offers professional music catalog management, registration and distribution services to both emerging and established artists and performers. We’ll help you manage royalty collection by streamlining the organisation of your metadata and providing personalized support.

Join now to access friendly, hands-on support for navigating the music industry. Our platform will help you get ready to earn the royalties you deserve. Sign up today!