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Are you
free to upload?
Most working musicians have contracts they forget about. Before you upload anything to SongMonkey, take 5 minutes to make sure you're actually free to do it. This page exists to protect you, not scare you.
Why this matters
If you're signed to a publisher, label, or production company and you upload music here without permission, they can sue you personally. SongMonkey is protected under DMCA safe harbor and the attestations you check during upload โ but you are not. We've seen this happen to other platforms' users. We don't want it happening to ours.
The good news: most contract restrictions are easy to spot once you know what to look for. This guide walks you through it.
If you're a songwriter
The danger is in your publishing. Even though you wrote the song, your publisher might own or co-own the rights to license it.
Contracts that restrict songwriters
- Exclusive publishing deal โ the publisher owns 50-100% of your publishing. They must approve every release.
- Co-publishing deal โ you split publishing 50/50 with a publisher. They must approve.
- Administration ("admin") deal โ the publisher administers your songs but doesn't own them. They often still need to approve external releases.
- Work-for-hire โ you wrote a song for a film, TV show, ad, or jingle company. They probably own it outright. You don't.
- Co-writer's publisher โ even if YOU'RE free, your co-writer's publisher might not be. Both sides have to clear it.
- Reversion clauses โ some old songs revert back to the writer after X years. If yours has reverted, you're free again. If not, the publisher still controls it.
How to find out
- Look at your contract for the words: "exclusive," "administration," "grants and conveys," "throughout the term"
- Check what songs are listed in any "Schedule A" or song schedule attached to the contract โ those are restricted
- Ask your publisher directly: "Can I upload [song name] to an independent platform like SongMonkey?" Get the answer in writing (email is fine)
- Talk to your music attorney โ 30 minutes of their time is way cheaper than getting sued
- If you're a member of BMI/ASCAP/SESAC โ that alone is fine for streaming, but it doesn't grant you publishing rights
You're an unsigned songwriter
You wrote the song. You don't have a publishing deal. No co-writers, or your co-writers are also unsigned. You own 100% of the publishing. Upload away.
Your old songs that reverted
You had a publishing deal years ago that ended, and the songs reverted to you. The contract is over and you got the rights back in writing. Upload them.
You're a Nashville staff writer
You write for a publisher (Big Loud, Warner Chappell Nashville, Sony, etc.). Even songs you write on your own time may be considered theirs. Get explicit written permission before uploading anything.
You wrote a song with a co-writer
The co-writer is signed to Universal Music Publishing. Even if you're unsigned, Universal has rights to half the song. You both need to clear it before uploading.
You wrote it for hire
You wrote a song for a film, ad agency, or commercial client and got paid. They own it now. Don't upload it.
If you're a singer or recording artist
The danger is in your recording rights. Even though it's your voice, your label might own your recordings โ and your contract might say you can't record for anyone else, period.
Contracts that restrict singers
- Exclusive recording contract โ you can only record for that label during the term. Period.
- "Key artist" exclusivity โ even features and side projects need approval
- 360 deal โ the label takes a percentage of EVERY music-related thing you do, including platforms like SongMonkey
- Production company deal โ common for new artists; the production company often controls your recordings before they get to a label
- Distribution deal with exclusivity โ even non-label distributors sometimes have exclusivity clauses
How to find out
- Look for: "exclusive services," "key artist," "throughout the territory," "during the term"
- Check section about side projects, features, and outside recordings โ there's usually one
- Ask your label or A&R directly: "Can I record [song name] for SongMonkey, an independent music platform?" Get the answer in writing
- Look at the term length โ many deals last 3-7 years and several album cycles
- Producers and engineers may also have rights to recordings they made โ confirm they don't have a claim
You're an unsigned singer
You record at home or in a friend's studio. No label, no production company, no 360 deal. You own your masters. Upload away.
Your label gave permission in writing
You have a label deal, but your label says (in writing, via email or letter) you can record for SongMonkey. Save that email. You're cleared.
You have ANY label deal โ even a small one
Even small indie label deals have exclusivity clauses. Even distribution deals through DistroKid Pro or AWAL might have terms. Read your contract or ask your label directly.
You're under exclusive contract
Your contract says "exclusive services" or "key artist." You can't legally record anywhere else without explicit label approval. Don't upload until you have written approval.
What happens if you upload anyway?
Sometimes people upload knowing they shouldn't, hoping no one will notice. Here's what actually happens:
- Your label or publisher monitors streaming platforms โ they'll find it within weeks
- They send a takedown notice to SongMonkey. We're required by law to remove the song.
- Your account gets flagged or suspended
- Your label may sue you for breach of contract โ damages can be $10,000 to $500,000 per song depending on the contract
- Your relationship with that label is probably over, even if you settle
- The black mark may follow you to future deals
None of this involves SongMonkey getting in trouble โ that's the point of the attestation system. The risk is yours alone.
Easy first questions to ask yourself
Quick check โ answer these honestly
โ Have you ever signed any music contract? (Including small ones, distribution deals, anything)
โ Are you part of any "writers room" or staff position at a publisher?
โ Have you taken any advance payment from a publisher or label that hasn't been recouped?
โ Did you co-write this with someone who has a publisher or label?
โ Were you paid to write this for a film, TV show, or ad?
If you answered YES to any of these โ stop, read your contract, and/or ask your manager or attorney before uploading.
Don't have a music attorney?
You don't always need one for simple questions. Here are cheaper options:
- Volunteer Lawyers for the Arts โ free legal help for working musicians (vlany.org and similar in other states)
- 30-minute consultations โ most music attorneys offer them for $200-500. Way cheaper than a lawsuit.
- Just email your label or publisher โ most respond honestly. The email response is your evidence.
- The Songwriter Resource Center at NSAI (Nashville Songwriters Association) and similar orgs in other cities
Still not sure?
If you read all this and you're still uncertain โ don't upload yet. A bit more time spent verifying is way better than a lawsuit. Reach out to us at hello@songmonkey.com if you need help thinking through a specific situation.
I'm clear โ go to upload โ