Q: What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue

A: Moral rights or “Droit Morale” is originally a French law concept that is not recognized under US law. It is only applicable in certain European counties (or Countries recognizing the concept). However, it is pretty standard in all US contracts related to intellectual property (particularly music, TV and film) for an author to waive such rights in order to avoid potential foreign litigation in a venue that would allow the author to withhold and control certain rights. There really is no “counter” and the publisher will likely refuse to enter into the agreement unless the author agrees to waive their moral rights.

A: “Moral rights" such as whether an artist would like, for example, songs recorded by another artist or made available on certain platforms, are often addressed in terms of “economics” and not the author's (artistic) message or intent in the United States. Alternatively, the Visual Artists Rights Act of 1990 provides for moral rights protection for creators of visual arts and sculptures in the United States. Unlike laws in European counterparts such as France and Germany, U.S. copyright law is relatively silent on the matter of moral rights and attribution regarding copyrighted musical works and sound recordings. The issue of moral rights for musical recordings within the United States is therefore not a separate consideration to Copyright Ownership of the recordings, where moral rights for these recordings is considered part of its economic value.

If the agreement you are entering into with the publishing company includes reproduction and/or distribution of the musical recordings outside of the United States your counter proposal would be to retain your moral rights where it is recognized in a country outside the United States on platforms based in those countries. With respect to the part of the agreement within the United States, your counter proposal would be that there is no separate consideration for moral rights for musical recordings and that they ought to have already been considered as part of the economic considerations of copyright ownership under the publishing agreement.

A: Your creative work deserves protection, and it's completely reasonable to want to maintain your moral rights. Instead of signing away these rights entirely, you could propose retaining your moral rights while granting the publisher specific, limited permissions that allow them to effectively market and distribute your music.

Consider offering the publisher a detailed license agreement that clearly outlines which rights you're willing to grant them. This might include the right to reproduce and distribute your recordings, make necessary edits for format compatibility, and use portions for promotional purposes - all while requiring them to maintain proper attribution and respect the integrity of your work. You could also propose a clause that requires them to consult with you before making any substantial modifications to your recordings.

If they push back, remind them that moral rights protection can actually benefit both parties - it helps maintain the quality and authenticity of the music, which ultimately serves their commercial interests too. You might also suggest including a provision that streamlines the approval process for routine changes while preserving your right to prevent modifications that could harm your reputation or artistic vision. Remember, many successful artists have maintained their moral rights while working with major publishers, so don't feel pressured to accept their initial terms without negotiation.