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Glossary · Money

Black box royalties

Definition

Black box royalties are music royalties that were collected but could not be paid to the correct owner, usually because the work or the recording was never registered. The money sits with a collecting society until it is claimed or distributed by market share.

"Black box" is industry slang for money that has been paid in but cannot get out to the right person. A service like Spotify pays what it owes on a composition. The collecting society receives the money and the usage report. If no registration matches that usage to a named writer and publisher, the payment has nowhere to go, and it goes into the box.

In the United States the largest visible black box is at The MLC, which holds mechanical royalties it cannot match to a registered work while it tries to identify the owner. Performing rights organizations — ASCAP, BMI, SESAC and GMR — hold their own undistributed pools for the same reason, and foreign societies hold money for US writers who have no sub-publisher in that territory.

Black box money is not lost forever by design. The Music Modernization Act provides for unclaimed accrued royalties held by The MLC to eventually be distributed to copyright owners on a market-share basis after a holding period. That distribution goes disproportionately to large publishers, because market share is measured by what is already registered. An unregistered independent writer's own money can end up funding somebody else's statement.

The practical point is that nobody writes to tell you. There is no letter, no notification, no email saying royalties are waiting. Matching only happens if a registration exists first, which is why registering a work with The MLC and with your PRO before release — not after it earns — is the entire defence.

I have clawed money out of this system myself; still, I am an artist, not a lawyer.

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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