Answers/Glossary/Session musician release
Glossary · Contracts
Session musician release
A session musician release is a short signed agreement in which a hired performer confirms their contribution is a work made for hire or assigns their rights, so the person paying owns the recording and the performer claims no ownership share.
Anyone who plays on your record has contributed something, and without paperwork it is not always clear what. A performer's contribution can create rights in the sound recording, and if the part they played was original musical expression rather than an execution of your written part, it can create an argument about the composition too. A session musician release is the one-page document that settles both before the session ends.
A workable release covers four things: that the performance is a work made for hire to the extent the law allows, with an assignment of copyright as a backup because sound recordings are not one of the nine categories listed in 17 U.S.C. 101; that the performer claims no ownership of the composition unless the document says otherwise; that they consent to the use of their name and likeness in credits and promotion; and confirmation of the fee paid.
The backup assignment is not lawyer padding. It is there precisely because a commissioned sound recording usually cannot qualify as a statutory work made for hire on its own, so the clause that actually transfers ownership is the assignment.
Get it signed at the session, alongside the split sheet if the person also contributed to the writing. The awkward version of this conversation is the one you have three years later, when a sync offer arrives and a horn player you paid $150 in cash is being asked to confirm they have no interest in the recording.
The misunderstanding: "I paid them, so I own it." Payment alone does not transfer copyright in the United States. A signed writing does.
I use written releases on every paid session; use a lawyer's template rather than improvising.
Related terms
- Work made for hireA work made for hire is a work whose author, in law, is the employer or commissioning party rather than the person who created…
- Sound recordingA sound recording is the fixed capture of a performance — the master — protected as its own copyright separate from the…
- Split sheetA split sheet is a signed document recording each contributor's ownership percentage of a musical composition, along with their…
- Songwriter splitA songwriter split is each writer's percentage ownership of a musical composition.
Definitions on this site describe the United States system. I am an artist who has been through this, not a lawyer.
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