The iconic collaboration “Under Pressure,” a staple of rock anthems and a testament to musical synergy, is a complex web of creative ownership. Determining the true “owner” requires understanding the intricacies of copyright law, songwriting credits, and publishing rights. This article delves deep into the ownership of “Under Pressure,” exploring the contributions of Queen and David Bowie, the roles of their respective publishing companies, and the legal framework that governs this timeless hit.
The Collaborative Genesis of a Masterpiece
“Under Pressure” wasn’t born from a pre-planned project but from a chance encounter. Queen and David Bowie were both recording at Mountain Studios in Montreux, Switzerland, in 1981. A jam session evolved into something far greater than anyone anticipated. Understanding this spontaneous creation is crucial to understanding the ownership landscape.
The Famous Jam Session
The precise details of the jam session remain somewhat shrouded in legend. Accounts vary, but the core story is consistent: Queen was working on a song called “Feel Like,” which they later abandoned. Bowie, intrigued by the track, joined in, and the musical experiment began. This collaborative environment blurred the lines of traditional songwriting, making the ownership division more intricate.
Songwriting Contributions: A Shared Effort
Identifying who wrote what in “Under Pressure” is a challenge. All five musicians – Freddie Mercury, Brian May, John Deacon, Roger Taylor, and David Bowie – contributed to the songwriting process. Mercury and Bowie are generally credited with the primary lyrics, but the instrumental arrangement and musical structure were a group effort.
Copyright and Ownership: The Legal Framework
Copyright law protects creative works, granting exclusive rights to the creators. In the case of “Under Pressure,” copyright ownership is split, reflecting the collaborative nature of the song’s creation. Understanding this legal framework is crucial to determine the ownership.
What Does Copyright Protect?
Copyright protects the specific expression of an idea, not the idea itself. In the case of a song, copyright covers both the musical composition (the melody and harmony) and the lyrics. This protection extends to the recording of the song (the sound recording), which is often owned by the record label.
Joint Authorship and Ownership
When a song is written by multiple individuals, it is considered a work of joint authorship. Each author has an equal, undivided interest in the copyright, unless a written agreement states otherwise. This means that each songwriter can license the song, subject to accounting to the other co-owners.
Publishing Rights: Where the Money Flows
Publishing rights are a crucial aspect of music ownership. These rights allow the copyright owner to license the song for various uses, such as reproduction, distribution, performance, and synchronization (use in films, television, and commercials).
The Role of Music Publishers
Music publishers act as intermediaries between songwriters and the music industry. They promote songs, negotiate licenses, collect royalties, and protect the copyright. Songwriters often assign their publishing rights to a publisher in exchange for these services.
Queen’s Publishing: Queen Music Ltd.
Queen established their own publishing company, Queen Music Ltd., to manage their songwriting copyrights. This company controls the publishing rights for Queen’s compositions, including their share of “Under Pressure.” This provided Queen with more control over their music and its revenue streams.
David Bowie’s Publishing: Jones/Tintoretto Entertainment Co., LLC
David Bowie’s publishing rights were initially managed by different entities throughout his career. His publishing catalog eventually came under the umbrella of Jones/Tintoretto Entertainment Co., LLC. This company represents Bowie’s share of the publishing rights for “Under Pressure.”
Royalties: Dividing the Spoils
Royalties are payments made to copyright owners for the use of their works. In the case of “Under Pressure,” royalties are generated from various sources, including sales, streaming, radio airplay, and public performances.
Performance Royalties
Performance royalties are collected when a song is performed publicly, whether live or through broadcast media. These royalties are collected by Performing Rights Organizations (PROs) such as ASCAP, BMI, and SESAC in the United States, and PRS for Music in the United Kingdom. The PROs then distribute the royalties to the songwriters and publishers.
Mechanical Royalties
Mechanical royalties are generated when a song is reproduced, such as on a CD, vinyl record, or digital download. These royalties are typically paid by the record label to the publisher.
Synchronization Royalties
Synchronization royalties are paid when a song is used in a film, television show, or commercial. These royalties are negotiated between the publisher and the production company.
The Master Recording: Owned by the Label
While the songwriting copyright is shared between the individual songwriters and their publishers, the master recording – the actual recorded performance of “Under Pressure” – is owned by the record label. This is a common practice in the music industry.
Queen’s Relationship with EMI
Queen was signed to EMI Records for much of their career. EMI owned the master recording of “Under Pressure” and controlled the rights to distribute and sell the song. After EMI was acquired by Universal Music Group, the ownership of Queen’s master recordings, including “Under Pressure,” transferred to Universal.
Bowie’s Shifting Label Affiliations
David Bowie’s recording affiliations shifted throughout his career. While he recorded “Under Pressure” during a period when Queen was with EMI, understanding Bowie’s label relationships at various points is important for tracing the complete ownership picture. The master recording ownership remained with EMI/Universal, irrespective of Bowie’s own label changes.
The Ownership Breakdown: Putting the Pieces Together
Determining the precise percentage breakdown of ownership for “Under Pressure” is difficult due to the lack of publicly available information. However, we can make some informed assumptions based on industry standards and the known contributions of each party.
Songwriting Splits: A Fair Division
It is likely that the songwriting royalties are divided equally among the five songwriters: Freddie Mercury, Brian May, John Deacon, Roger Taylor, and David Bowie. This would give each songwriter a 20% share of the songwriting royalties.
Publishing Splits: Reflecting Songwriting
The publishing royalties would then be divided according to the songwriting splits. Queen Music Ltd. would receive 80% of the publishing royalties, representing the shares of Mercury, May, Deacon, and Taylor. Jones/Tintoretto Entertainment Co., LLC would receive the remaining 20%, representing Bowie’s share.
Master Recording: Universal Music Group’s Control
The master recording of “Under Pressure” is owned by Universal Music Group, by virtue of their acquisition of EMI. Universal controls the rights to reproduce, distribute, and sell the recording.
“Ice Ice Baby” and the Sampling Controversy: A Legal Twist
The song “Ice Ice Baby” by Vanilla Ice famously sampled the bassline from “Under Pressure” without proper authorization. This led to a legal battle that further complicated the ownership landscape and highlighted the importance of copyright protection.
The Lawsuit and Settlement
Queen and David Bowie sued Vanilla Ice for copyright infringement. The lawsuit was settled out of court, with Vanilla Ice reportedly paying a substantial sum to Queen and David Bowie and granting them songwriting credit for “Ice Ice Baby.”
Implications for Ownership
The “Ice Ice Baby” case had significant implications for the ownership of “Under Pressure.” It reinforced the copyright protection afforded to the song and demonstrated the financial consequences of unauthorized sampling.
The Enduring Legacy of “Under Pressure”
Despite the complexities of ownership, “Under Pressure” remains a timeless classic. Its powerful message, iconic melody, and undeniable energy continue to resonate with audiences worldwide. The song stands as a testament to the power of collaboration and the enduring legacy of Queen and David Bowie.
The Song’s Cultural Impact
“Under Pressure” has been featured in countless films, television shows, and commercials. It has been covered by numerous artists and remains a staple of radio airplay. Its message of unity and perseverance continues to inspire and uplift listeners.
A Testament to Collaboration
“Under Pressure” is a reminder that some of the greatest works of art are born from collaboration. The song’s success is a testament to the creative synergy between Queen and David Bowie, two of the most iconic artists of the 20th century.
In conclusion, the ownership of “Under Pressure” is a multi-layered issue involving songwriting credits, publishing rights, master recording ownership, and legal settlements. While the precise percentage breakdown may remain confidential, it is clear that Queen, David Bowie, and their respective publishing companies share ownership of the song. The master recording is owned by Universal Music Group. The song’s enduring legacy and cultural impact are a testament to the power of collaboration and the enduring appeal of great music. This complex story of creation and ownership adds another layer of fascination to this timeless anthem. “Under Pressure” serves as a powerful reminder of the importance of copyright protection and the financial rewards that can accrue to copyright owners. The song’s ongoing popularity ensures that the royalties will continue to flow for many years to come, benefiting the estates of Freddie Mercury and David Bowie, as well as the surviving members of Queen.
FAQ 1: Who wrote the lyrics and music for Under Pressure?
Under Pressure is credited as being co-written by all five musicians involved in the recording: Freddie Mercury, Brian May, Roger Taylor, John Deacon of Queen, and David Bowie. The initial musical idea stemmed from a bassline created by John Deacon, which then evolved through collaborative jam sessions at Queen’s studio in Montreux, Switzerland. Each artist contributed melodies, chord progressions, and lyrical ideas during the creative process.
While attributing exact percentages of contributions is difficult given the collaborative nature, Freddie Mercury and David Bowie are often considered the primary lyricists, crafting the song’s powerful message about the pressures of life and love. However, the combined efforts and interplay between all five artists were vital in shaping the final sound and lyrical content that made Under Pressure such an iconic and impactful song.
FAQ 2: Who owns the copyright to Under Pressure?
The copyright ownership of Under Pressure is complex, owing to the collaborative nature of its creation and the involvement of both Queen and David Bowie. Typically, copyright ownership would be split between the songwriters based on their contributions, and administered by their respective publishing companies. The publishing rights manage the commercial use of the song, including licensing for performance, reproduction, and adaptation.
Given the parties involved, copyright administration is likely managed through a co-publishing agreement. Queen’s portion of the copyright is likely administered by their publishing entity (Queen Music Ltd.), while David Bowie’s share would be managed by his estate or publishing company (such as RZO Music). It’s worth noting that the specific details of these arrangements remain confidential, but the above explanation reflects industry standard practice for collaborative works.
FAQ 3: Who profits from sales and licensing of Under Pressure?
Profits from the sales and licensing of Under Pressure are distributed according to the copyright ownership and publishing agreements. Royalties generated from song sales, streaming, radio play, and other uses are split between the songwriters (or their estates) and their respective publishing companies. These agreements typically outline the percentage split for each party, reflecting their contribution and the publisher’s role in managing the copyright.
The record label (originally EMI and Elektra, now likely owned by Universal Music Group) also earns revenue from the sale and distribution of the recording itself. This revenue is based on the terms of Queen’s and David Bowie’s recording contracts. Performance rights organizations (PROs) like ASCAP, BMI, and PRS collect royalties for public performances of the song and distribute them to the songwriters and publishers. Consequently, profits are distributed amongst a web of different stakeholders.
FAQ 4: Who controls the master recording of Under Pressure?
The master recording of Under Pressure is likely owned by the record labels that originally released the song: EMI (for Queen) and Elektra (for David Bowie in certain territories). Record labels typically own the master recordings, having financed the recording and production process. Over time, ownership of these labels has often changed hands due to mergers and acquisitions within the music industry.
Currently, it is probable that Universal Music Group (UMG) owns the master recording rights to Under Pressure, as they acquired EMI’s recorded music assets. This ownership grants UMG the exclusive right to reproduce, distribute, and license the original recording. Any use of the original track in films, commercials, or other media requires permission and payment of licensing fees to UMG.
FAQ 5: Has ownership of Under Pressure changed hands over time?
While the core copyright ownership remains with the songwriters (or their estates) and their respective publishers, administrative aspects and ownership of related rights may have changed over time. As mentioned previously, the ownership of the master recording likely transitioned from EMI to Universal Music Group (UMG) following UMG’s acquisition of EMI’s recorded music division.
The publishing rights administration may have also seen adjustments over the years, potentially involving changes in representation or agreements with collection societies. However, the fundamental principle that the original songwriters and their publishers retain ownership of the song’s composition remains constant. These changes mainly affect the entities handling the licensing and royalty collection processes rather than the underlying ownership of the work itself.
FAQ 6: What is the legal significance of co-writing Under Pressure?
The legal significance of co-writing Under Pressure lies in the shared ownership of the copyright and the associated royalties. Each co-writer (Freddie Mercury, Brian May, Roger Taylor, John Deacon, and David Bowie) has a legally recognized interest in the song’s composition. This shared ownership necessitates agreements on how the song is managed, licensed, and how royalties are divided.
In cases of co-writing, disputes can arise regarding creative control, publishing splits, or licensing decisions. Having a clear co-writing agreement that outlines each writer’s contribution and the terms of copyright administration is crucial to avoid legal conflicts and ensure that all parties receive fair compensation for their work. The agreement acts as a roadmap for collaborative ownership.
FAQ 7: How does copyright law protect Under Pressure?
Copyright law protects Under Pressure by granting the copyright holders (the songwriters and their publishers) exclusive rights to control how the song is used. These rights include the right to reproduce, distribute, perform, display, and create derivative works based on the song. This protection extends for the life of the authors plus 70 years in many jurisdictions, ensuring long-term control over the work.
Copyright law enables the copyright holders to prevent unauthorized use of Under Pressure, such as illegal copying, distribution, or public performance without permission. It also allows them to license the song for commercial use, generating revenue through royalties. Enforcement of copyright law is crucial for protecting the creative and economic interests of the songwriters and publishers, incentivizing the creation of new musical works.