Speculation following Justin Bieber’s recent Coachella performance suggested that his emphasis on newer material was driven by his catalog sale and an alleged inability to perform his older hits in full, but that interpretation is misplaced. The narrative underscores a recurring misunderstanding in the music industry: ownership of a music catalog does not determine an artist’s ability to perform those works live.

Live Performance Rights Are Distinct from Ownership Rights

Artists retain the ability to perform their songs live regardless of whether they continue to own the underlying publishing or master recording rights.

When a catalog is sold, the transaction typically involves the transfer of economic rights, including:

• The right to receive royalties from streaming, radio, and other exploitations

• Control over synchronization licensing and certain commercial uses

• Ownership interests in the underlying compositions and/or recordings

These rights govern monetization and control over recorded uses of music. They do not restrict live performance.

The Role of Performing Rights Organizations

Live performance rights are administered through performing rights organizations (PROs), including ASCAP, BMI, SESAC, and GMR in the United States. Songwriters and music publishers affiliate themselves with PROs to administer the performance rights for their compositions. The PROs then license the public performance rights on behalf of rights holders and then collect royalties on their behalf.

Music venues of any size, all the way from small clubs to major festivals such as Coachella, operate under blanket licenses issued by the PROs. These licenses authorize the public performance of millions of songs in the PROs’ respective repertoires.

As a result:

• The venue (not the artist) is responsible for securing performance rights

• Artists do not need to obtain permission from catalog owners to perform songs live

• A performing artist can perform any song covered by the venue’s blanket licenses, not just songs written or controlled by the performing artist

• Songwriters and rights holders are compensated through PRO distributions

In practical terms, Bieber’s ability to perform at Coachella has no legal connection to whether he owns his catalog. Indeed, if it were a legal requirement for a performing artist to own and control all of the songs they perform live, then cover bands simply would not exist!

Why the Misconception Persists

The confusion often arises from a misunderstanding of the rights and restrictions typically associated with a music catalog sale. While catalog ownership conveys significant economic and licensing authority, it does not extend to restricting an artist’s live performance of their own repertoire. Indeed, the purchaser of a catalog wants the songwriter to continue to perform their songs live, a live performance generates licensing revenues that will be received by the purchaser.

Media narratives frequently simplify these distinctions, leading to inaccurate assumptions about what catalog sales entail.

What Catalog Sales Actually Change

Catalog transactions can have substantial implications for artists and rights holders, including:

• Shifting long-term revenue streams to the purchaser

• Transferring control over licensing decisions

• Affecting estate planning and financial strategy

However, they do not prevent artists from:

• Performing their songs in live settings

• Touring or appearing at festivals

• Continuing to build their brand around their existing body of work

Understanding this distinction is critical for both artists evaluating transactions and industry observers interpreting them.

A Practical Perspective for Artists and Industry Stakeholders

For artists, managers, and investors, clarity around rights is essential when structuring or assessing catalog deals. Misunderstanding the separation between ownership rights and performance rights can lead to flawed assumptions about control and future use.

At the same time, live performance remains one of the most significant drivers of artist revenue and fan engagement, which is entirely independent of catalog ownership.

Kronenberger Rosenfeld’s Music Law Perspective

At Kronenberger Rosenfeld, our music law practice advises artists, rights holders, and investors on catalog sales, licensing frameworks, and rights enforcement.

We regularly work with clients to:

• Structure and negotiate catalog transactions

• Analyze the allocation of rights and revenue streams

• Provide clarity on how different rights operate across the music ecosystem

In an industry where public narratives often oversimplify complex legal structures, precise understanding is essential to protecting value and making informed decisions for artists. Contact us today through our online submission form to discuss your music legal needs.