When an artist creates a work of art such as a song, book, or painting, they are entitled to receive royalties whenever that work is sold or used commercially. However, the duration of these royalty payments is often limited and varies based on the type of work, the contract, and the laws that apply.
How long do music royalty payments last?
For musical works, royalty payments are generally based on copyright law. In the United States, copyright protection lasts for the life of the creator plus 70 years. This means if a musician writes a song today, they will receive royalties on that song for their entire life. After they pass away, their estate will continue receiving royalties for 70 more years.
However, there are some exceptions and caveats:
- If a song is considered a “work for hire” commissioned by a record label or other hiring party, the copyright term is a flat 95 years from first publication or 120 years from creation, whichever expires first.
- Royalties are paid whenever the song is reproduced, performed publicly, streamed online, downloaded, or used in a movie, TV show, commercial, etc. If the song stops generating this commercial use, royalties will decrease or disappear, even if still under copyright.
- Mechanical royalties paid to songwriters for reproduction and distribution of recordings only last for the term of copyright. Once the copyright expires, mechanical royalties end even if the recordings keep selling.
So while musicians can receive royalties for decades after writing a song, the payments don’t necessarily continue forever, especially if the song loses popularity over time.
Book and print publishing royalties
For books and other printed materials, the copyright terms are the same – lifetime of creator plus 70 years. However, royalty arrangements in publishing contracts are more complex.
Many contracts distinguish between an advance payment provided upfront, and royalty payments that kick in after the advance has been fully earned back through sales. Authors only receive additional royalty checks after their book earns more than the advance through sales and licensing. And standard royalty rates for print books are around 8-15% of list price.
One key provision that limits royalties is the concept of “out of print” rights. If a publisher decides to stop printing and distributing a book, they can revert rights back to the author after a period of time, ending the royalty arrangement. So print royalties depend heavily on the book remaining available and in circulation.
Artwork royalties and resale rights
For visual artists including painters, sculptors, and photographers, royalties typically come in the form of resale royalties. This means the artist gets paid a percentage when their work is resold, such as at an art auction.
Policies on resale royalties vary globally:
- In the UK, artists receive a royalty when their work is resold through an art market professional for over €1000. It is capped at €12,500.
- In France, visual artists get resale royalties based on a sliding scale depending on the sale price.
- The US federal government does not require resale royalties, but California state law provides visual artists with a 5% resale royalty if resold for $1000 or more.
For artworks still under copyright, these resale royalty rights can provide income to an artist or their heirs indefinitely, as long as the works continue selling. However, enforcing these rights across jurisdictions can be challenging for artists.
Royalties for patented products
For products protected by a patent, inventors are entitled to licensing fees and royalties as long as the patent remains active. In the US, utility patents expire 20 years from the filing date of the patent application. Design patents last 15 years from issuance. So royalty streams from patented products only persist for the protected period before others can freely use the invention.
Conclusion
While copyright and patent protections can allow creators to collect royalties for many decades, the payments do not necessarily continue forever, especially if the works lose relevance or usage over time. Royalty duration often depends on the lifespan of copyrights and patents, “out of print” clauses in contracts, and the creator’s ability to enforce their rights.
However, extremely successful artists with timeless, still-popular works can sometimes earn royalties for themselves and future generations essentially indefinitely. But for most creators, royalty income has an eventual expiration date determined by law, contracts, and audiences.
Summary Table
| Type of Work | Royalty Duration |
|---|---|
| Musical works | Life of creator + 70 years |
| Books | Life of creator + 70 years, but can end earlier if book goes “out of print” |
| Artwork | Indefinite resale royalties depending on laws, but difficult to fully enforce |
| Patented products | 20 years from patent filing for utility patents, 15 years from issuance for design patents |