Releasing the recordings of an artist who has died is mostly a question of permission. Someone owns the recording, someone owns the song, and the person who made them can no longer sign anything. Find out who those people are before you touch the upload button, and get their agreement in writing.
This is general information, not legal advice. Inheritance and copyright law differ from country to country, so for anything complicated talk to a lawyer who knows the local rules.
Who controls the rights
A single song usually carries several separate rights, and they don't always belong to the same person.
- The master recording. This is the actual recorded sound. It may belong to the artist, to a label, or to a producer or studio that paid for the session. For a self-funded independent artist the master often passes to the heirs, but a label contract can change that completely.
- The composition. The melody and the lyrics belong to their authors and often to a publisher. If the artist wrote with someone else, the co-writer keeps their share. The heirs usually inherit only the late artist's share.
- Other contributors. Session musicians, featured artists and producers may have agreements that give them credit, a share of income or a say in how the recording is used.
- Name and image. In many countries the family controls commercial use of the artist's name, photo and likeness. The rules vary, so ask before building artwork around a portrait.
Having the files is not the same as owning the rights. A friend, a former bandmate or a studio engineer may hold the only copy of a demo without any right to publish it.
Getting permission step by step
- Identify who can decide. If there is a will, the executor or named representative speaks for the estate. If there are several heirs, get the agreement of all of them or of the person legally authorised to decide.
- Check old contracts. Look for label, publishing, producer and collaboration agreements. A recording made years ago may be tied to a deal nobody remembers.
- Put it in writing. Describe what will be released, who approves artwork and credits, how income is shared and who receives reports. A simple signed paper is far better than a verbal "go ahead".
- Keep copies. A distributor or a platform may ask who holds the rights, and you need to be able to answer.
When you send a release to CULT, you confirm that you own or have permission for all the audio, artwork and materials. For a posthumous release, that permission is exactly the written agreement from the steps above.
Choosing what to release
Unreleased demos, live recordings and unfinished tracks are tempting, but not every recording was meant to be heard. Ask the people who knew the artist's work: did they consider this finished? A rough take that the artist would have hated can hurt their memory more than silence would.
If you finish or restore a track, with new overdubs, mixing or mastering, say so honestly. "Recorded at home in 2019, completed in 2026" is better than letting listeners think it's a normal studio release. Credit everyone who added something, and never present newly created or edited material as something the artist recorded.
Crediting and presenting the release
- Use the artist name exactly as on earlier releases, so the music joins the existing artist page instead of creating a second one.
- List all contributors in the credits: writers, musicians, the producer who completed the work.
- Use the version field when it helps, for example "Demo" or "Live 2018".
- Get permission for any photo used on the cover, from the photographer or whoever holds the rights to it.
- Add a short, respectful note about where and when the material was recorded.
Timing matters too. A release on an anniversary can be meaningful or can feel opportunistic. Decide it together with the family.
Avoiding family disputes
Disputes usually start when nothing was written down. Heirs disagree about whether to release at all, one person assumes control, a former partner appears, or co-writers learn about the release from social media.
- Agree on one named representative who signs for the family.
- Agree on how income will be split before the first release, not after the first payment.
- Keep clear records. Reports in the CULT dashboard show their source and period, which makes it easier to show the family what came in and from where.
- If the family or the co-writers disagree and it isn't resolved, wait. A platform can remove a release after a rights claim, and a public argument over a late artist hurts everyone, most of all the music.
A posthumous release done well is a slow project: clear owners, written permission, honest credits and a note of care. The time you spend on that is what lets the recordings stay online for good.