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Ok, I've decided to add this sticky to the top of the forum as a resource for frequently asked questions (or just asked questions) about the Music Business. I will add to it as I see interesting questions being answered with valuable answers.
What is a Distribution One Sheet?
The Distribution One Sheet
by Christopher Knab
The Distribution One Sheet:
- 1 sheet (8 1/2 "x 11")
- Label's logo and contact information
- Artist Name/Logo
- Catalog # and UPC code (Barcode for each configuration)
- List price (i.e. $15.98) of each available configuration
- Release Date (to Radio)
- Street Date (for Retailers, if different from Release Date)
- A brief Artist background description
- Selling Points (Discounts, Marketing, and Promotion plans)
A Distributor One Sheet is a very important document that summarizes the credentials of an artist/band for a distributor or store buyer. It also includes, in a summary form, all the essential promotion, marketing, and sales strategies and tactics that the label will use to help convince the wholesale and retail contacts, letting them know specifically what will be done to help them sell the record to the public; The design of the Distributor One Sheet should be attractive, and very compelling. It should boldly stand out, and clearly present all the information about the CD/Tape.
Page 1 of 1
Music Business FAQ A resource
MultiQuote
#2
FunkDaddy 
- Folksy Wisdom
-
- Group: Moderators
- Posts: 2,331
- Joined: 24-November 03
- Gender:Female
- Location:Canadia
Posted 17 April 2004 - 09:02 AM
Publishing?
From Neal K:
Publishing is how you make your money as a songwriter. Generally, the songwriter will transfer the song's copyright ownership to the Publisher and all revenue generated by the song will be split 50/50 - with the publisher getting the first 50%, and the writers getting the second 50%. In your case, where there are two writers, you would each get 25%.
Before you even consider publishing, you should be clear on what you want to accomplish with your songs. If you are the writer AND the artist (meaning you will record and release the songs yourself), you can self-publish. More on this later. If your goal is to have other artists record your songs, you will have to find a publisher. They are the link between the writer and the artist. They earn their 50% by trying to find the best artist to record your song.
So, let's say you're going to release your own stuff. You'll want to register with a PRO (Performing Rights Organization). These are the people who will collect your royalties for you. BMI is one. ASCAP is another. There's no point in joining a PRO unless you are talking about a major nation-wide release and expecting major radio play.
Self publishing is easy. Just form a publishing company and -- voila! -- you are published. But, like joining a PRO, it's pointless unless you are expecting to make a lot of sales of your release.
If you just want to send your demo to a bunch of radio stations, you don't need a publisher or a PRO. All you want is official copyright registration.
From Neal K:
Publishing is how you make your money as a songwriter. Generally, the songwriter will transfer the song's copyright ownership to the Publisher and all revenue generated by the song will be split 50/50 - with the publisher getting the first 50%, and the writers getting the second 50%. In your case, where there are two writers, you would each get 25%.
Before you even consider publishing, you should be clear on what you want to accomplish with your songs. If you are the writer AND the artist (meaning you will record and release the songs yourself), you can self-publish. More on this later. If your goal is to have other artists record your songs, you will have to find a publisher. They are the link between the writer and the artist. They earn their 50% by trying to find the best artist to record your song.
So, let's say you're going to release your own stuff. You'll want to register with a PRO (Performing Rights Organization). These are the people who will collect your royalties for you. BMI is one. ASCAP is another. There's no point in joining a PRO unless you are talking about a major nation-wide release and expecting major radio play.
Self publishing is easy. Just form a publishing company and -- voila! -- you are published. But, like joining a PRO, it's pointless unless you are expecting to make a lot of sales of your release.
If you just want to send your demo to a bunch of radio stations, you don't need a publisher or a PRO. All you want is official copyright registration.
#3
FunkDaddy
- Folksy Wisdom
-
- Group: Moderators
- Posts: 2,331
- Joined: 24-November 03
- Gender:Female
- Location:Canadia
Posted 17 April 2004 - 09:07 AM
Making Money?
Thanks to Seabiscuit for posting the article, full article can be found here.
HOW THE DOLLARS FOLLOW THE DREAM
By: Jeff Brabec
Todd Brabec
Songwriter / Music Publisher Income Chart
Songwriter/Publisher Royalties $ 75,500 U.S. singles sales (1 million copies)
$ 2,265,000 U.S. album sales (3 million copies)
$ 600,000 U.S. radio and TV performances
$ 65,000 Foreign single sales
$ 1,250,000 Foreign album sales
$ 575,000 Foreign radio, TV and Web performances
$ 25,000 Sheet music and folios
$ 250,000 Advertising commercial
$ 11,000 Song in a television series
$ 40,000 Song in a motion picture
$ 8,000 Foreign movie theatre performances
$ 52,000 Broadway show
$ 900 Lyric reprint in a novel
$ 19,000 Home Video/DVD
$ 25,000 Miscellaneous royalties
$ 5,261,400 Total writer and publisher royalties
The following article reviews some of the major sources of songwriter-music publisher income and summarizes some of the issues involved in the generation and collection of income.
CD, Record and Tape Sales
(Mechanical Royalties In The Years 2000 Through 2007)
Effective as of January 1, 1998, the compulsory mechanical royalty rate under Section 115 of the U.S. Copyright Act was raised to 7.1? per composition and 1.35? per minute (the latter durational royalty being sometimes referred to as the "long song" rate) from the 1997-98 rate of 6.95? per composition and 1.3? per minute. The rate increase was the result of negotiations between the National Music Publishers' Association, Inc. (NMPA), the Songwriters' Guild of America, Inc. (SGA) and the Recording Industry Association of America, Inc. (RIAA).
This new statutory mechanical rate was applicable to all physical audio recordings which were made and distributed after January 1, 1998 regardless of the date of the mechanical license covering the distribution of such recordings or the date that the particular recording was initially released, unless the music publisher, songwriter and record company agreed to contrary provisions in the mechanical license or controlled composition clause of the recording artist agreement. Additionally, the compulsory mechanical rate was not only established for the two year period 1998-1999 but the agreement between the music publishers, songwriters and record companies also specified what the mechanical royalty would be for the 8 year period from 2000 through 2007.
YEAR STATUTORY RATE STATUTORY RATE
PER MINUTE
2000-2001 7.55? 1.45?
2002-2003 8? 1.55?
2004-2005 8.5? 1.65?
2006-2007 9.1? 1.75?
For example, if an album is first released in the United States in 2000 and a composition on that album is licensed at a statutory rate, the publisher and writer of the composition would receive a combined 7.55? for each album that was made and distributed during 2000 and 2001. If the album continued to sell through the years 2002 and 2003, the mechanical payments for the composition would be increased to 8? for each album manufactured and distributed in 2002 and 2003. Since many albums continue to sell for years, the same procedures would apply for albums manufactured and distributed in 2004 and 2005 (e.g., an 8.5? royalty for each album sold) and in 2006 and 2007 (e.g., a 9.1? royalty for each album sold).
The above examples apply when the songwriter or music publisher issues a so-called "floating" statutory rate license, which makes sure that the mechanical rate for the recording increases as the statutory rate increases. The example does not, however, apply to instances where the songwriter and publisher have agreed to a fixed per penny rate (many times on a reduced basis) for all recordings manufactured and distributed regardless of when the recordings might be sold. The primary circumstance where this limitation occurs is when the songwriter is a recording artist and agrees to the demands of his or her record company that the mechanical rate be "fixed" at a certain date (e.g., the date that the album is recorded or released) with no change in the future despite U.S. Copyright Office approved increases in the statutory mechanical royalty rate. This type of restriction also occurs when the songwriter is a record producer and writes compositions for the album being produced.
Mechanical royalty payments to music publishers are distributed by record companies on a quarterly basis usually within 45 days after the end of each calendar quarter. Some companies remit quarterly but not on a calendar basis. For example, some record companies remit four times a year but the periods are from March through May, June through August, September through November and December through February (rather than January through March, April through June, July through September and October through December).
PERFORMANCE RIGHTS PAYMENTS
One of the most lucrative rights guaranteed by the Copyright Law of the United States and other countries is the performance right -- the right which recognizes that a songwriter's creation (song, background score, symphony, etc.) is a property right and that a license must be acquired to use a copyrighted musical work. In the multi-billion dollar music industry, over one billion dollars is collected by the U.S. performing right organizations ASCAP, BMI and SESAC. These organizations negotiate license fee agreements with the users of music (radio and television stations, cable stations, web sites, restaurants, concert halls, wired music services, airlines, etc.) and give the user the right to perform the music and lyrics of any writer belonging to one of these organizations. The license fees collected are then distributed to the writers and music publishers whose works are performed.
In the United States, the primary types of music use which generate performance royalties are feature performances (a visual vocal or visual instrumental on television shows, a radio performance of a song, etc.); background music on television series, specials, movies of the week and feature films; theme songs to television series; advertising jingles; production company and network logos; promos; and copyrighted arrangements of public domain compositions. Each type of music use (background music, a theme song, etc.) has a different value relative to all other types of music (features are worth more than themes; themes are paid higher than background music, etc.).
In addition, ASCAP, BMI and SESAC have very different payment formula schedules, producing different payments for the same type of music use. It is vital to know the differences in the payment schedules since the short as well as long term financial importance of this area cannot be overemphasized as literally fortunes can be made from one composition alone. For example, the #1 song of the year can generate in a few short years a 2 million dollar writer and publisher payout; a successful television series theme song can generate over 1.5 million dollars over a 10-year period; and a top box office film background score can generate well over a million dollars in performance income over its copyright life. Both ASCAP and BMI distribute domestic and foreign royalties to their writers and publishers four times per year.
ADVERTISING COMMERCIAL LICENSING
The fees paid by advertising agencies and their clients for commercials are substantial (from $125,000.00 to over $1,000,000.00 per year for successful songs), depending upon whether it is a radio or TV commercial, a national or limited territory campaign (e.g., the United States vs. only California), whether there are options for other countries of the world, if the original lyrics are being changed or new lyrics added and whether all advertising rather than only product category exclusivity is being requested by the agency.
On occasion, an advertising agency will ask for a non-broadcast test period during which it will test the commercial in shopping malls, inter-agency screenings, etc. to see if the pairing of the song and the product actually works. Other times, an agency will request a limited broadcast test period (during which a commercial will actually be aired) for a specified regional market (e.g., television in New York only for two months or a three-month test in cities which contain not more than 5% of the total U.S. population). Fees for these type of regional broadcast test periods depend on, among other things, the duration of the test period, the importance of the song, the product being advertised and whether there has been a lyric change.
Most commercial licensing agreements restrict the music publisher from licensing the song to commercials featuring only competing or similar products. For example, an automobile commercial may restrict the publisher from licensing the same song for another automotive commercial but will allow licensing for use in a computer, cereal, deodorant or beer advertising campaign during the term of the license agreement.
? 2002 Jeff Brabec, Todd Brabec
JEFF BRABEC is Vice President of business affairs for the Chrysalis Music Group. TODD BRABEC is Executive Vice President and Director of Membership for ASCAP (The American Society of Composers, Authors and Publishers). Both co-authors of the book Music, Money, and Success: The Insider's Guide To Making Money In The Music Industry (Schirmer Trade Books / Music Sales / Revised and Updated Paperback Edition).
Thanks to Seabiscuit for posting the article, full article can be found here.
HOW THE DOLLARS FOLLOW THE DREAM
By: Jeff Brabec
Todd Brabec
Songwriter / Music Publisher Income Chart
Songwriter/Publisher Royalties $ 75,500 U.S. singles sales (1 million copies)
$ 2,265,000 U.S. album sales (3 million copies)
$ 600,000 U.S. radio and TV performances
$ 65,000 Foreign single sales
$ 1,250,000 Foreign album sales
$ 575,000 Foreign radio, TV and Web performances
$ 25,000 Sheet music and folios
$ 250,000 Advertising commercial
$ 11,000 Song in a television series
$ 40,000 Song in a motion picture
$ 8,000 Foreign movie theatre performances
$ 52,000 Broadway show
$ 900 Lyric reprint in a novel
$ 19,000 Home Video/DVD
$ 25,000 Miscellaneous royalties
$ 5,261,400 Total writer and publisher royalties
The following article reviews some of the major sources of songwriter-music publisher income and summarizes some of the issues involved in the generation and collection of income.
CD, Record and Tape Sales
(Mechanical Royalties In The Years 2000 Through 2007)
Effective as of January 1, 1998, the compulsory mechanical royalty rate under Section 115 of the U.S. Copyright Act was raised to 7.1? per composition and 1.35? per minute (the latter durational royalty being sometimes referred to as the "long song" rate) from the 1997-98 rate of 6.95? per composition and 1.3? per minute. The rate increase was the result of negotiations between the National Music Publishers' Association, Inc. (NMPA), the Songwriters' Guild of America, Inc. (SGA) and the Recording Industry Association of America, Inc. (RIAA).
This new statutory mechanical rate was applicable to all physical audio recordings which were made and distributed after January 1, 1998 regardless of the date of the mechanical license covering the distribution of such recordings or the date that the particular recording was initially released, unless the music publisher, songwriter and record company agreed to contrary provisions in the mechanical license or controlled composition clause of the recording artist agreement. Additionally, the compulsory mechanical rate was not only established for the two year period 1998-1999 but the agreement between the music publishers, songwriters and record companies also specified what the mechanical royalty would be for the 8 year period from 2000 through 2007.
YEAR STATUTORY RATE STATUTORY RATE
PER MINUTE
2000-2001 7.55? 1.45?
2002-2003 8? 1.55?
2004-2005 8.5? 1.65?
2006-2007 9.1? 1.75?
For example, if an album is first released in the United States in 2000 and a composition on that album is licensed at a statutory rate, the publisher and writer of the composition would receive a combined 7.55? for each album that was made and distributed during 2000 and 2001. If the album continued to sell through the years 2002 and 2003, the mechanical payments for the composition would be increased to 8? for each album manufactured and distributed in 2002 and 2003. Since many albums continue to sell for years, the same procedures would apply for albums manufactured and distributed in 2004 and 2005 (e.g., an 8.5? royalty for each album sold) and in 2006 and 2007 (e.g., a 9.1? royalty for each album sold).
The above examples apply when the songwriter or music publisher issues a so-called "floating" statutory rate license, which makes sure that the mechanical rate for the recording increases as the statutory rate increases. The example does not, however, apply to instances where the songwriter and publisher have agreed to a fixed per penny rate (many times on a reduced basis) for all recordings manufactured and distributed regardless of when the recordings might be sold. The primary circumstance where this limitation occurs is when the songwriter is a recording artist and agrees to the demands of his or her record company that the mechanical rate be "fixed" at a certain date (e.g., the date that the album is recorded or released) with no change in the future despite U.S. Copyright Office approved increases in the statutory mechanical royalty rate. This type of restriction also occurs when the songwriter is a record producer and writes compositions for the album being produced.
Mechanical royalty payments to music publishers are distributed by record companies on a quarterly basis usually within 45 days after the end of each calendar quarter. Some companies remit quarterly but not on a calendar basis. For example, some record companies remit four times a year but the periods are from March through May, June through August, September through November and December through February (rather than January through March, April through June, July through September and October through December).
PERFORMANCE RIGHTS PAYMENTS
One of the most lucrative rights guaranteed by the Copyright Law of the United States and other countries is the performance right -- the right which recognizes that a songwriter's creation (song, background score, symphony, etc.) is a property right and that a license must be acquired to use a copyrighted musical work. In the multi-billion dollar music industry, over one billion dollars is collected by the U.S. performing right organizations ASCAP, BMI and SESAC. These organizations negotiate license fee agreements with the users of music (radio and television stations, cable stations, web sites, restaurants, concert halls, wired music services, airlines, etc.) and give the user the right to perform the music and lyrics of any writer belonging to one of these organizations. The license fees collected are then distributed to the writers and music publishers whose works are performed.
In the United States, the primary types of music use which generate performance royalties are feature performances (a visual vocal or visual instrumental on television shows, a radio performance of a song, etc.); background music on television series, specials, movies of the week and feature films; theme songs to television series; advertising jingles; production company and network logos; promos; and copyrighted arrangements of public domain compositions. Each type of music use (background music, a theme song, etc.) has a different value relative to all other types of music (features are worth more than themes; themes are paid higher than background music, etc.).
In addition, ASCAP, BMI and SESAC have very different payment formula schedules, producing different payments for the same type of music use. It is vital to know the differences in the payment schedules since the short as well as long term financial importance of this area cannot be overemphasized as literally fortunes can be made from one composition alone. For example, the #1 song of the year can generate in a few short years a 2 million dollar writer and publisher payout; a successful television series theme song can generate over 1.5 million dollars over a 10-year period; and a top box office film background score can generate well over a million dollars in performance income over its copyright life. Both ASCAP and BMI distribute domestic and foreign royalties to their writers and publishers four times per year.
ADVERTISING COMMERCIAL LICENSING
The fees paid by advertising agencies and their clients for commercials are substantial (from $125,000.00 to over $1,000,000.00 per year for successful songs), depending upon whether it is a radio or TV commercial, a national or limited territory campaign (e.g., the United States vs. only California), whether there are options for other countries of the world, if the original lyrics are being changed or new lyrics added and whether all advertising rather than only product category exclusivity is being requested by the agency.
On occasion, an advertising agency will ask for a non-broadcast test period during which it will test the commercial in shopping malls, inter-agency screenings, etc. to see if the pairing of the song and the product actually works. Other times, an agency will request a limited broadcast test period (during which a commercial will actually be aired) for a specified regional market (e.g., television in New York only for two months or a three-month test in cities which contain not more than 5% of the total U.S. population). Fees for these type of regional broadcast test periods depend on, among other things, the duration of the test period, the importance of the song, the product being advertised and whether there has been a lyric change.
Most commercial licensing agreements restrict the music publisher from licensing the song to commercials featuring only competing or similar products. For example, an automobile commercial may restrict the publisher from licensing the same song for another automotive commercial but will allow licensing for use in a computer, cereal, deodorant or beer advertising campaign during the term of the license agreement.
? 2002 Jeff Brabec, Todd Brabec
JEFF BRABEC is Vice President of business affairs for the Chrysalis Music Group. TODD BRABEC is Executive Vice President and Director of Membership for ASCAP (The American Society of Composers, Authors and Publishers). Both co-authors of the book Music, Money, and Success: The Insider's Guide To Making Money In The Music Industry (Schirmer Trade Books / Music Sales / Revised and Updated Paperback Edition).
#4
FunkDaddy
- Folksy Wisdom
-
- Group: Moderators
- Posts: 2,331
- Joined: 24-November 03
- Gender:Female
- Location:Canadia
Posted 17 April 2004 - 09:18 AM
Trademark/Servicemark
Gathered from various sources
1) I've just recorded a CD, can the whole thing - illustration, lyrics, music & recordings be copyrighted with a single form SR?
No. As a start, you don't "copyright" something with a form. "Copyright"
is something you have, not something you do. You have a copyright as
soon as the various elements of the work were created ("Fixed"). You may
register the copyright, but in this case, not with a form SR. See the
copyright office's circular on "multimedia works":
http://www.copyright...rcs/circ55.html
1. Use Form PA if the work contains an audiovisual element, such as a
filmstrip, slides, film, or videotape, regardless of whether there are
any sounds.
2. Use Form SR if the work does not contain an audiovisual element, but
contains an audiotape or disk in which sound-recording authorship is
claimed.
3. Use Form TX if the work contains only text, such as a manual and a
computer program that produces a textual screen display. (See Circular
61 for further information.)
Thus, you need form PA, not form SR.
A registered copyright is simply added legal protection. You have the copyright as soon as the product is finished.
TO TRADEMARK OR TO SERVICEMARK?
The best answer is: BOTH. I have seen many many many times the following scenario:
XYZ Band goes to a studio, records an album, does the album graphics and duplicates X dollars in pressing cassettes and CDs and posters. 2 to 6 months later, ring the telephone rings, XYZ wants to return the cassettes and CDs and posters for their money back. Why? I ask. Because their's already another XYZ Band who has use rights for the band name XYZ Band and has threatened legal action if the second XYZ Band continues to try and distribute product under the same name.
Yes folks it happens. Basically, a trademark is a brand name used for selling tangible products such as t-shirts, posters, records, caps and if you have one, your logo design.
A service mark is a brand name used for selling services. For example, if you sell entertainment services, such as concerts and gigs and if you have a logo associated with that name, then you must register the name as well.
Registration for both marks is very similar and it MUST be done. Do not register your mark solely in your state if you intend to do business over state lines. Following is a basic outline for registration. Note that I am not an attorney, nor do I propose to offer expert legal advice. In all cases regarding legal matters, you would be best advised to consult an attorney specifically practiced in the area of entertainment law.
a. Call the US Department of Commerce Commissioner of Patents and Trademarks
703-557-4636 or 703-308-4357 to request a copy of Basic Facts About Trademarks
b. Research the name in depth.
1. Check different music directories (Billboard among others)
2. Contact ASCAP, AFM, BMI and SESAC for their membership directories.
3. Contract a search firm to do a computer search of names. One expert firm that I've had dealing with is
Thomson & Thomson, 617-479-1600 in Massachusetts. Ask for my good friend Pat Concannon.
c. Have an attorney review your trademark/service mark search.
d. Have your attorney then file applications for both trademark and service mark.
Expect to pay between $1000 and $5000 for costs involved in searching and registering here in the US.
5 THOUSAND BUCKS !!!??
If you don't have the money - GET IT. Registering your name is one of the most critical things you can do. Imagine not doing it and selling 2000 records then getting sued because some other band had the name first and you have to give up your name and start all over?
Please don't skimp here because I don't want you to call me six months from now wanting to return everything you bought from me. Please.
DO I REALLY NEED TO COPYRIGHT MY MATERIAL?
Allow me a little rooftop shouting here. NO ! Not if you don't care about royalty income. Not if you don't care about publishing income. Not if you don't mind who steals your songs. Not if you don't care who presses your albums and who sells however many copies they want without you ever being paid. One band I know gave their master to a duplication broker who in turn duplicated copies of the album for sale by himself directly, never paying the group. The group found this out because the record was on sale in a store they never set up a distribution connection in! And they received phone calls from states requesting additional copies of their tape, where they never had originally sold tapes to! And guess the bad news? They can't collect royalties on any of these sales because they
never copyrighted the material in the first place. Guess who did?
Three types of copyright exist that you should be aware of:
a. Performing Arts (PA)
b. Sound Recording (SR)
c. Collection Amplification (CA)
Two rights are granted by copyright law:
a. Performance. The right to be paid for each public performance of your song.
b. Mechanical. The right to be paid for each replication and distribution of your song.
Four major sources of income come from:
a. Performance
b. Mechanical
c. Print
d. Sync
Contact the Register of Copyrights at the Library of Congress at 202-707-3000, or for forms, call 202-707-9100. In order to collect any type of royalties or if you want any semblance of protection for your songs, you should file forms SR and CA upon the initial release of your album. Again, note that I am not an attorney, nor do I propose to offer expert legal advice. In all cases regarding legal matters, you would be best advised to consult an attorney specifically practiced in the area of entertainment law.
IN SUMMARY
Releasing an album is a big step, especially when it's your first release. It has to be right. And there are a million questions. I have heard it said that if an artist spends the equal amount of time on the business aspect of their music as they spend on the creative aspect of their music, a lot of problems would be avoided. Don't make the mistake of having no plan but having big dreams. Dreams are great. But without a plan of action, that's all they will ever be. Dreams. Plan carefully, and take the first steps towards success. Good luck!
Gathered from various sources
1) I've just recorded a CD, can the whole thing - illustration, lyrics, music & recordings be copyrighted with a single form SR?
No. As a start, you don't "copyright" something with a form. "Copyright"
is something you have, not something you do. You have a copyright as
soon as the various elements of the work were created ("Fixed"). You may
register the copyright, but in this case, not with a form SR. See the
copyright office's circular on "multimedia works":
http://www.copyright...rcs/circ55.html
1. Use Form PA if the work contains an audiovisual element, such as a
filmstrip, slides, film, or videotape, regardless of whether there are
any sounds.
2. Use Form SR if the work does not contain an audiovisual element, but
contains an audiotape or disk in which sound-recording authorship is
claimed.
3. Use Form TX if the work contains only text, such as a manual and a
computer program that produces a textual screen display. (See Circular
61 for further information.)
Thus, you need form PA, not form SR.
A registered copyright is simply added legal protection. You have the copyright as soon as the product is finished.
TO TRADEMARK OR TO SERVICEMARK?
The best answer is: BOTH. I have seen many many many times the following scenario:
XYZ Band goes to a studio, records an album, does the album graphics and duplicates X dollars in pressing cassettes and CDs and posters. 2 to 6 months later, ring the telephone rings, XYZ wants to return the cassettes and CDs and posters for their money back. Why? I ask. Because their's already another XYZ Band who has use rights for the band name XYZ Band and has threatened legal action if the second XYZ Band continues to try and distribute product under the same name.
Yes folks it happens. Basically, a trademark is a brand name used for selling tangible products such as t-shirts, posters, records, caps and if you have one, your logo design.
A service mark is a brand name used for selling services. For example, if you sell entertainment services, such as concerts and gigs and if you have a logo associated with that name, then you must register the name as well.
Registration for both marks is very similar and it MUST be done. Do not register your mark solely in your state if you intend to do business over state lines. Following is a basic outline for registration. Note that I am not an attorney, nor do I propose to offer expert legal advice. In all cases regarding legal matters, you would be best advised to consult an attorney specifically practiced in the area of entertainment law.
a. Call the US Department of Commerce Commissioner of Patents and Trademarks
703-557-4636 or 703-308-4357 to request a copy of Basic Facts About Trademarks
b. Research the name in depth.
1. Check different music directories (Billboard among others)
2. Contact ASCAP, AFM, BMI and SESAC for their membership directories.
3. Contract a search firm to do a computer search of names. One expert firm that I've had dealing with is
Thomson & Thomson, 617-479-1600 in Massachusetts. Ask for my good friend Pat Concannon.
c. Have an attorney review your trademark/service mark search.
d. Have your attorney then file applications for both trademark and service mark.
Expect to pay between $1000 and $5000 for costs involved in searching and registering here in the US.
5 THOUSAND BUCKS !!!??
If you don't have the money - GET IT. Registering your name is one of the most critical things you can do. Imagine not doing it and selling 2000 records then getting sued because some other band had the name first and you have to give up your name and start all over?
Please don't skimp here because I don't want you to call me six months from now wanting to return everything you bought from me. Please.
DO I REALLY NEED TO COPYRIGHT MY MATERIAL?
Allow me a little rooftop shouting here. NO ! Not if you don't care about royalty income. Not if you don't care about publishing income. Not if you don't mind who steals your songs. Not if you don't care who presses your albums and who sells however many copies they want without you ever being paid. One band I know gave their master to a duplication broker who in turn duplicated copies of the album for sale by himself directly, never paying the group. The group found this out because the record was on sale in a store they never set up a distribution connection in! And they received phone calls from states requesting additional copies of their tape, where they never had originally sold tapes to! And guess the bad news? They can't collect royalties on any of these sales because they
never copyrighted the material in the first place. Guess who did?
Three types of copyright exist that you should be aware of:
a. Performing Arts (PA)
b. Sound Recording (SR)
c. Collection Amplification (CA)
Two rights are granted by copyright law:
a. Performance. The right to be paid for each public performance of your song.
b. Mechanical. The right to be paid for each replication and distribution of your song.
Four major sources of income come from:
a. Performance
b. Mechanical
c. Print
d. Sync
Contact the Register of Copyrights at the Library of Congress at 202-707-3000, or for forms, call 202-707-9100. In order to collect any type of royalties or if you want any semblance of protection for your songs, you should file forms SR and CA upon the initial release of your album. Again, note that I am not an attorney, nor do I propose to offer expert legal advice. In all cases regarding legal matters, you would be best advised to consult an attorney specifically practiced in the area of entertainment law.
IN SUMMARY
Releasing an album is a big step, especially when it's your first release. It has to be right. And there are a million questions. I have heard it said that if an artist spends the equal amount of time on the business aspect of their music as they spend on the creative aspect of their music, a lot of problems would be avoided. Don't make the mistake of having no plan but having big dreams. Dreams are great. But without a plan of action, that's all they will ever be. Dreams. Plan carefully, and take the first steps towards success. Good luck!
#5
FunkDaddy
- Folksy Wisdom
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Posted 26 May 2004 - 03:29 PM
Nashville! Here I Come!
Big thanks to John Scott for these great bits of info.
Q. How do you set up a meeting with a publisher?
A. Lot?s of hard work . First, I would suggest getting the ?Songwriter?s Market? book. There will be a large list of Nashville publishers in there. In my first trips to Nashville I got several appointments or approvals for drop-offs for publishers. Not all of them were top notch?be careful on that (more on that later). Another great tool is the Nashville Yellow Pages. Look under ?Music Publishers?. I think I actually used Yahoo Yellow Pages and got all of the listings for Music Publishers and built myself a little database (in Excel) which I used to track contacts. Be prepared to hear NO a lot. They are usually nice about it, but you will hear it. I do have to say, however, my best publisher contact was gotten through a cold call from the yellow pages. I happened to catch him on the right day and he said yes. He gave me a lot of good advice ? including to move to Nashville (but never signed one of my songs). If you find a publisher that doesn?t want any of your songs but is willing to see you again, you have probably found a winner. Of course I say this without hearing any of your work, so perhaps you are leaps and bounds ahead of where I was when I first started making trips.
Q. Do you just call them out of the blue and tell em you're coming by?
A. Yes?but start early. A month or so before you plan to get here. Tell them you are a writer and you plan on being in town at such and such a date and if possible, you would like to talk with them, have them listen to a couple songs and give you some advice. The fact that you are planning a trip to Nashville and starting early to set up appointments shows them at least a little more initiative and dedication than the average beginning songwriter. Be polite (even to the receptionist). Get the receptionists name and keep notes. If you call back later and remember his/her name you might get pushed a little closer to the top of the pile. Be aware of the time you take from them. They are likely busy. When I made a trip I would try to have at least 3 appointments already made for that week. I did get a couple appointments on the fly as well. In fact the publisher mentioned above was from the Yellow Pages my first trip down here calling from the motel room. You never know.
Q. Do I need to play a song live for them or do I bring CD's in "the package".
A. For publisher meetings bring a CD with 3-5 songs. 3 is standard and to presume to take any more time than that from a publisher is probably not the best. I?d stick with 3. If you have more, make another CD of them and have it handy in case you are asked ?what else do you have? (which would be a good thing). Bring lyric sheets for each of the songs. Neatly typed. You don?t need any fancy packaging for this. I use simply produced jewel case inserts printed at home. Make sure you have your NAME, PHONE (just one phone number) and EMAIL (not your website) on the jewel case AND on the CD itself. You can use CD labels although I?ve heard varying arguments on that. I tend to use a sharpie and neatly print my info on the CD right now because I have had too many labels start peeling and bubbling on me and they look like crap. They have pretty cheap CD printers now. Really basic for text, but that?s all you need. I will probably pick one of these up in the near future just to make things a little neater.
Q. I've heard others talk about "making the rounds". What exactly does that mean?
A. I?m not sure. It could mean making the rounds to publishers or maybe it means making the rounds to the open mic writer?s nights (more on that below).
Suggestions:
1. Join Nashville Songwriter?s Association International (NSAI) ASAP if you can afford it. All genres of writers are welcome. I would try to do this BEFORE your trip if possible. If you are planning to make trips to Nashville especially, this is a valuable resource. It costs $100 a year, but IMO it is worth it. You get valuable tips on how to package your submissions for mailing and drop off. You can have your songs critiqued for free (one at a time) by mail and they have other great resources (including open mic writer?s nights schedules). They also have different things going on in Nashville every Thursday night. I used to go to their live critique sessions when I visited town. They have industry pros there to give feedback to you (and others) on their songs. That?s one benefit of Nashville, there are a lot more pros around that do that kind of thing. They are also really nice when you stop by the office and say hi when you are in town. They gave me a free t-shirt the first time I stopped by because they had some extras lying around .
2. Pick up a ?Nashville Scene? paper when you get into town. Check out the entertainment section. Find some cool shows or writers showcases to attend. Go and listen and enjoy yourself.
3. If you can perform your own stuff, try to get to a couple open mic writer?s nights while you are here. I would suggest the Bluebird Caf? on Monday nights (although you will likely not get to play the first time ? but will get a guarantee to play there next time when you come to town), Douglas?s Corner on Tuesday nights, Hobo Joe?s on Sunday evening. There are many many more. Both NSAI and Nashville Scene can help you out with that. You could do one every night somewhere if you wanted. This is a valuable part of networking. People meet all the time at these things. Someone may hear your stuff and like what you are doing enough to want to co-write with you. Or the other way around. You probably won?t be ?discovered? at these functions, but you will be able to start networking.
4. Be aware that as you meet publishers that some of them may not be 100% above board. I?m going to be honest here. I have never heard any of your stuff, but since you are asking these sorts of questions (which are good to ask BTW) I am assuming that you have not written the next big hit song yet. I could be wrong. With that in mind, as I mentioned above, if you find a publisher that is willing to sit down and listen to your songs, give you feedback and is open to you coming back next time you are in town (ask him while you are here if that would be ok) you have probably found a good one. One who can help you along. They probably won?t take anything from you, but you have started a valuable relationship. I had one single song offer on one of my first trips to town. I got to discuss this briefly with a pro writer who was hosting the NSAI critique night and he recommended that I hang on to the song based on who it was. I also had another guy want to record and pitch me as an artist/songwriter to majors. He would of course put together a radio ready 5 song promo CD for $7000 if we got started quickly LOL. I had another guy who wanted to sign a couple of my songs for his artist to record. He claimed to have distribution channels to foreign radio. We met in a very small room in his small apartment and based on what I saw, it didn?t look like he was doing all that well financially . In other words, be patient. You don?t necessarily have to sign with the first person that throws a contract under your nose. Check them out thoroughly. Oh?BTW?the songs that I came with that trip were not that great. They ranged, IMO, from decent, to not very good .
5. I would suggest you get yourself some business cards. They really just need to be simple and neat. Your name, phone numbers, email address, web site (optional), address (optional). I just print mine off at home. When you meet someone who you would be interested in writing with or pursuing other relationships with hand them a card. See if they have one too. If not, have them write contact info on the back of yours. If you present yourself in this professional manner, you are already ahead of probably 70% of the pack. Of course you still need to write good songs . Put them in your right pocket and put cards you collect in your left. Keep them separate so you don?t fumble around with them.
6. When you get a critique from a publisher. Don't argue with him or excessively try to explain what your song is supposed to mean. That's a pretty good indication that you didn't make your point well enough in the song. He may be wrong, but arguing about it will not benefit you in the least. Thank him for his feedback whether you agree with it or not at the time. You may just think on that advice a bit later and decide he was right. I know that happened to me over time .
That?s about all I can think of for now. In a nutshell, be organized and prepared before and when you get here so you can maximize your time. Most of all, just have fun and drink in the atmosphere here. It?s great IMO.
Big thanks to John Scott for these great bits of info.
Q. How do you set up a meeting with a publisher?
A. Lot?s of hard work . First, I would suggest getting the ?Songwriter?s Market? book. There will be a large list of Nashville publishers in there. In my first trips to Nashville I got several appointments or approvals for drop-offs for publishers. Not all of them were top notch?be careful on that (more on that later). Another great tool is the Nashville Yellow Pages. Look under ?Music Publishers?. I think I actually used Yahoo Yellow Pages and got all of the listings for Music Publishers and built myself a little database (in Excel) which I used to track contacts. Be prepared to hear NO a lot. They are usually nice about it, but you will hear it. I do have to say, however, my best publisher contact was gotten through a cold call from the yellow pages. I happened to catch him on the right day and he said yes. He gave me a lot of good advice ? including to move to Nashville (but never signed one of my songs). If you find a publisher that doesn?t want any of your songs but is willing to see you again, you have probably found a winner. Of course I say this without hearing any of your work, so perhaps you are leaps and bounds ahead of where I was when I first started making trips.
Q. Do you just call them out of the blue and tell em you're coming by?
A. Yes?but start early. A month or so before you plan to get here. Tell them you are a writer and you plan on being in town at such and such a date and if possible, you would like to talk with them, have them listen to a couple songs and give you some advice. The fact that you are planning a trip to Nashville and starting early to set up appointments shows them at least a little more initiative and dedication than the average beginning songwriter. Be polite (even to the receptionist). Get the receptionists name and keep notes. If you call back later and remember his/her name you might get pushed a little closer to the top of the pile. Be aware of the time you take from them. They are likely busy. When I made a trip I would try to have at least 3 appointments already made for that week. I did get a couple appointments on the fly as well. In fact the publisher mentioned above was from the Yellow Pages my first trip down here calling from the motel room. You never know.
Q. Do I need to play a song live for them or do I bring CD's in "the package".
A. For publisher meetings bring a CD with 3-5 songs. 3 is standard and to presume to take any more time than that from a publisher is probably not the best. I?d stick with 3. If you have more, make another CD of them and have it handy in case you are asked ?what else do you have? (which would be a good thing). Bring lyric sheets for each of the songs. Neatly typed. You don?t need any fancy packaging for this. I use simply produced jewel case inserts printed at home. Make sure you have your NAME, PHONE (just one phone number) and EMAIL (not your website) on the jewel case AND on the CD itself. You can use CD labels although I?ve heard varying arguments on that. I tend to use a sharpie and neatly print my info on the CD right now because I have had too many labels start peeling and bubbling on me and they look like crap. They have pretty cheap CD printers now. Really basic for text, but that?s all you need. I will probably pick one of these up in the near future just to make things a little neater.
Q. I've heard others talk about "making the rounds". What exactly does that mean?
A. I?m not sure. It could mean making the rounds to publishers or maybe it means making the rounds to the open mic writer?s nights (more on that below).
Suggestions:
1. Join Nashville Songwriter?s Association International (NSAI) ASAP if you can afford it. All genres of writers are welcome. I would try to do this BEFORE your trip if possible. If you are planning to make trips to Nashville especially, this is a valuable resource. It costs $100 a year, but IMO it is worth it. You get valuable tips on how to package your submissions for mailing and drop off. You can have your songs critiqued for free (one at a time) by mail and they have other great resources (including open mic writer?s nights schedules). They also have different things going on in Nashville every Thursday night. I used to go to their live critique sessions when I visited town. They have industry pros there to give feedback to you (and others) on their songs. That?s one benefit of Nashville, there are a lot more pros around that do that kind of thing. They are also really nice when you stop by the office and say hi when you are in town. They gave me a free t-shirt the first time I stopped by because they had some extras lying around .
2. Pick up a ?Nashville Scene? paper when you get into town. Check out the entertainment section. Find some cool shows or writers showcases to attend. Go and listen and enjoy yourself.
3. If you can perform your own stuff, try to get to a couple open mic writer?s nights while you are here. I would suggest the Bluebird Caf? on Monday nights (although you will likely not get to play the first time ? but will get a guarantee to play there next time when you come to town), Douglas?s Corner on Tuesday nights, Hobo Joe?s on Sunday evening. There are many many more. Both NSAI and Nashville Scene can help you out with that. You could do one every night somewhere if you wanted. This is a valuable part of networking. People meet all the time at these things. Someone may hear your stuff and like what you are doing enough to want to co-write with you. Or the other way around. You probably won?t be ?discovered? at these functions, but you will be able to start networking.
4. Be aware that as you meet publishers that some of them may not be 100% above board. I?m going to be honest here. I have never heard any of your stuff, but since you are asking these sorts of questions (which are good to ask BTW) I am assuming that you have not written the next big hit song yet. I could be wrong. With that in mind, as I mentioned above, if you find a publisher that is willing to sit down and listen to your songs, give you feedback and is open to you coming back next time you are in town (ask him while you are here if that would be ok) you have probably found a good one. One who can help you along. They probably won?t take anything from you, but you have started a valuable relationship. I had one single song offer on one of my first trips to town. I got to discuss this briefly with a pro writer who was hosting the NSAI critique night and he recommended that I hang on to the song based on who it was. I also had another guy want to record and pitch me as an artist/songwriter to majors. He would of course put together a radio ready 5 song promo CD for $7000 if we got started quickly LOL. I had another guy who wanted to sign a couple of my songs for his artist to record. He claimed to have distribution channels to foreign radio. We met in a very small room in his small apartment and based on what I saw, it didn?t look like he was doing all that well financially . In other words, be patient. You don?t necessarily have to sign with the first person that throws a contract under your nose. Check them out thoroughly. Oh?BTW?the songs that I came with that trip were not that great. They ranged, IMO, from decent, to not very good .
5. I would suggest you get yourself some business cards. They really just need to be simple and neat. Your name, phone numbers, email address, web site (optional), address (optional). I just print mine off at home. When you meet someone who you would be interested in writing with or pursuing other relationships with hand them a card. See if they have one too. If not, have them write contact info on the back of yours. If you present yourself in this professional manner, you are already ahead of probably 70% of the pack. Of course you still need to write good songs . Put them in your right pocket and put cards you collect in your left. Keep them separate so you don?t fumble around with them.
6. When you get a critique from a publisher. Don't argue with him or excessively try to explain what your song is supposed to mean. That's a pretty good indication that you didn't make your point well enough in the song. He may be wrong, but arguing about it will not benefit you in the least. Thank him for his feedback whether you agree with it or not at the time. You may just think on that advice a bit later and decide he was right. I know that happened to me over time .
That?s about all I can think of for now. In a nutshell, be organized and prepared before and when you get here so you can maximize your time. Most of all, just have fun and drink in the atmosphere here. It?s great IMO.
#6
FunkDaddy
- Folksy Wisdom
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Posted 07 September 2004 - 03:22 PM
Statue Records
Or any other "company" that sends unsolicited requests for your material, it would be good business sense to stay away. Especially if it involves you forking over dough.
Or any other "company" that sends unsolicited requests for your material, it would be good business sense to stay away. Especially if it involves you forking over dough.
#7
Salley Gardens
- A Muse's Muse
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Posted 28 January 2006 - 12:55 PM
I hope this is the right place to post this; if not, you know what to do, Funk...
In one of my college music classes this semester, I found a couple points of interest regarding copyright and PROs that expands upon what is listed in this thread. (I'm located in the USA, but many of the laws and strageties cross bounderies through copyright treaties with other countries.) I'm by no means an expert, and am just sharing some of what I'm learning, so here goes...
Regarding copyright (clarifying Neal's post):
Neal's right; if you're serious about collecting royalties register your work with copyright office. Remember, you already possess the copyrights to your work as soon as it is created, but registering your copyright gives you added protection.
One example: If someone uses your *registered* copyrighted work without permission, and they get caught, they are required to pay you back royalties from the time they began using your work, as well as any future uses.
If you catch someone using your non-registered copyright work, you can only collect royalties from future use of the work after they have been notified by you of their pilferage. More than likely, they'll just stop using your work and owe you nothing.
If you don't feel like paying $30 dollars every time your create a piece, you don't have to. A collection of works registered for $30 affords the same protection for the each piece it contains. So, you could gather up all your work, title it "The Collected Works of [insert your name here!], Volume One" and register the whole bunch for one fee. For those of you who are prolific, you could do this twice a year.
Since the registered copyright protection begins the moment the Office recieves your work, make sure you send it by certified/return receipt. It could be months before the Office gets around to processing your registration, and your return receipt is all you need to prove when your registered copyrights began.
Regarding Performing Rights Organizations (PROs):
Submitting your work to a PRO gives them the right to give permission to anyone who wants to use that work (and of course, they will collect and administer royalties). If you are a control freak, and want to know how your work is going to be used before allowing it, then you don't want to submit your work to a PRO.
For example, you've written a death metal song and submitted it to your PRO. Dolly Parton hears demo of it (on a Muse CD she received for Christmas) and wants to record it and contacts your PRO. The next thing you know, you hear your song while filling up at the gas station, done completely different than you ever thought possible. You hurry home, having a hissy-fit and grab the mail on your way in and notice your first check for however many thousands of dollars, and decide Country ain't all that bad afterall.
If your work is getting absolutely *no* exposure, or you want complete control of it, its not worth it to join a PRO. If your work *is* getting exposure (even if it's just local), and you don't mind if someone else uses it, then it can be worth joining a PRO. You never know when those royalties might be coming your way.
In one of my college music classes this semester, I found a couple points of interest regarding copyright and PROs that expands upon what is listed in this thread. (I'm located in the USA, but many of the laws and strageties cross bounderies through copyright treaties with other countries.) I'm by no means an expert, and am just sharing some of what I'm learning, so here goes...
Regarding copyright (clarifying Neal's post):
Neal's right; if you're serious about collecting royalties register your work with copyright office. Remember, you already possess the copyrights to your work as soon as it is created, but registering your copyright gives you added protection.
One example: If someone uses your *registered* copyrighted work without permission, and they get caught, they are required to pay you back royalties from the time they began using your work, as well as any future uses.
If you catch someone using your non-registered copyright work, you can only collect royalties from future use of the work after they have been notified by you of their pilferage. More than likely, they'll just stop using your work and owe you nothing.
If you don't feel like paying $30 dollars every time your create a piece, you don't have to. A collection of works registered for $30 affords the same protection for the each piece it contains. So, you could gather up all your work, title it "The Collected Works of [insert your name here!], Volume One" and register the whole bunch for one fee. For those of you who are prolific, you could do this twice a year.
Since the registered copyright protection begins the moment the Office recieves your work, make sure you send it by certified/return receipt. It could be months before the Office gets around to processing your registration, and your return receipt is all you need to prove when your registered copyrights began.
Regarding Performing Rights Organizations (PROs):
Submitting your work to a PRO gives them the right to give permission to anyone who wants to use that work (and of course, they will collect and administer royalties). If you are a control freak, and want to know how your work is going to be used before allowing it, then you don't want to submit your work to a PRO.
For example, you've written a death metal song and submitted it to your PRO. Dolly Parton hears demo of it (on a Muse CD she received for Christmas) and wants to record it and contacts your PRO. The next thing you know, you hear your song while filling up at the gas station, done completely different than you ever thought possible. You hurry home, having a hissy-fit and grab the mail on your way in and notice your first check for however many thousands of dollars, and decide Country ain't all that bad afterall.
If your work is getting absolutely *no* exposure, or you want complete control of it, its not worth it to join a PRO. If your work *is* getting exposure (even if it's just local), and you don't mind if someone else uses it, then it can be worth joining a PRO. You never know when those royalties might be coming your way.
#8
blumuze
- Muse In Training
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- Group: Members
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Posted 31 October 2006 - 02:23 PM
FunkDaddy, on Apr 17 2004, 09:02 AM, said:
Publishing?
As a music publisher of some years I feel compelled to correct some inaccuracies in this post as below (post in blue, my comments in red):
Publishing is how you make your money as a songwriter. Generally, the songwriter will transfer the song's copyright ownership to the Publisher and all revenue generated by the song will be split 50/50 - with the publisher getting the first 50%, and the writers getting the second 50%. In your case, where there are two writers, you would each get 25%.
If more than one writer is involved, they can allocate the writers percentages as they mutually decide; 50/50, 64/36, 99/1 ? whatever.
Before you even consider publishing, you should be clear on what you want to accomplish with your songs. If you are the writer AND the artist (meaning you will record and release the songs yourself), you can self-publish. More on this later.
You can self publish whether you are also the artist or not. The copyright laws protect creators of music, not performers.
If your goal is to have other artists record your songs, you will have to find a publisher.
You don't have to find a publisher, but to have other artists record your songs you will at least at have to BE a publisher, because the grant of rights (such as the mechanical right) is passed through the controlling entity known as the publisher - not the writer. However, as the creator of a song, by law, you ARE the publisher until such time as you assign those rights to someone else. The tricky parts are getting your song to the right people, and then handling the even trickier business of copyright administration. A good publisher has these connections and skills and can be an invaluable partner in your career.
They are the link between the writer and the artist. They earn their 50% by trying to find the best artist to record your song.
There are many people other than publishers who serve as links between writers and recording artists: Producers, A&R people, lawyers, other writers, even your dentist might be a link if he works on Reba McEntire's teeth! Publishers are only the most likely suspects. Also, as long as they control the copyright, they receive their share of any income whether they are helping you or not.
So, let's say you're going to release your own stuff. You'll want to register with a PRO (Performing Rights Organization). These are the people who will collect your royalties for you. BMI is one. ASCAP is another. There's no point in joining a PRO unless you are talking about a major nation-wide release and expecting major radio play.
The PROs only collect royalties for public performances (but that's a lot). There are other revenue streams that are collected by other entities. For instance, your publisher (which could be you) will collect your mechanical royalties (for record sales) and synchronization fees (for uses in film, TV and some other types of media). By the way, there are THREE PROs in the U.S.; ASCAP, BMI and SESAC (Bob Dylan is a member of SESAC).
Also, there is every reason to join a PRO, even well before a national release. Besides the many benefits they offer to developing writers (showcases, open mikes, scholarships, collaboration services), you must be a registered member to recieve broadcast performance royalties. With the many opportunities available these days for getting your songs into film and TV - long before you get a national record release (if ever) - not joining a PRO early can COST you.
Self publishing is easy.
Forming a publishing company is relatively easy, but being a publisher is not. There are many more ways to lose money than to make it in this business. To be a good publisher requires years of experience.
Just form a publishing company and -- voila! -- you are published. But, like joining a PRO, it's pointless unless you are expecting to make a lot of sales of your release.
Your music may be signed to a publisher, but it is not "published" until it is generally released for sale to the public (the condensed version of copyright law definition).
Also, I strongly disagree with the idea waiting until you expect high sales volume before joining a PRO, or even forming a publishing company. You are likely to lose money if you follow this advice. FYI, it is advisable to clear the publishing company name you'd like with the PRO you wish to join (it will be the same as you writer PRO) BEFORE you form the company. If you choose a name they won't clear, then you'll have to start all over again with the d/b/a, the business license and the bank account - not to mention the business stationery you paid for!
If you just want to send your demo to a bunch of radio stations, you don't need a publisher or a PRO. All you want is official copyright registration.
If a radio station plays your music ? even a college or NPR station ? you are eligible to receive performance royalties. If you are not a registered writer member of a PRO, you will not get your writers share. If you are not a registered publisher member, you?ll miss the publishers half too!
As a music publisher of some years I feel compelled to correct some inaccuracies in this post as below (post in blue, my comments in red):
Publishing is how you make your money as a songwriter. Generally, the songwriter will transfer the song's copyright ownership to the Publisher and all revenue generated by the song will be split 50/50 - with the publisher getting the first 50%, and the writers getting the second 50%. In your case, where there are two writers, you would each get 25%.
If more than one writer is involved, they can allocate the writers percentages as they mutually decide; 50/50, 64/36, 99/1 ? whatever.
Before you even consider publishing, you should be clear on what you want to accomplish with your songs. If you are the writer AND the artist (meaning you will record and release the songs yourself), you can self-publish. More on this later.
You can self publish whether you are also the artist or not. The copyright laws protect creators of music, not performers.
If your goal is to have other artists record your songs, you will have to find a publisher.
You don't have to find a publisher, but to have other artists record your songs you will at least at have to BE a publisher, because the grant of rights (such as the mechanical right) is passed through the controlling entity known as the publisher - not the writer. However, as the creator of a song, by law, you ARE the publisher until such time as you assign those rights to someone else. The tricky parts are getting your song to the right people, and then handling the even trickier business of copyright administration. A good publisher has these connections and skills and can be an invaluable partner in your career.
They are the link between the writer and the artist. They earn their 50% by trying to find the best artist to record your song.
There are many people other than publishers who serve as links between writers and recording artists: Producers, A&R people, lawyers, other writers, even your dentist might be a link if he works on Reba McEntire's teeth! Publishers are only the most likely suspects. Also, as long as they control the copyright, they receive their share of any income whether they are helping you or not.
So, let's say you're going to release your own stuff. You'll want to register with a PRO (Performing Rights Organization). These are the people who will collect your royalties for you. BMI is one. ASCAP is another. There's no point in joining a PRO unless you are talking about a major nation-wide release and expecting major radio play.
The PROs only collect royalties for public performances (but that's a lot). There are other revenue streams that are collected by other entities. For instance, your publisher (which could be you) will collect your mechanical royalties (for record sales) and synchronization fees (for uses in film, TV and some other types of media). By the way, there are THREE PROs in the U.S.; ASCAP, BMI and SESAC (Bob Dylan is a member of SESAC).
Also, there is every reason to join a PRO, even well before a national release. Besides the many benefits they offer to developing writers (showcases, open mikes, scholarships, collaboration services), you must be a registered member to recieve broadcast performance royalties. With the many opportunities available these days for getting your songs into film and TV - long before you get a national record release (if ever) - not joining a PRO early can COST you.
Self publishing is easy.
Forming a publishing company is relatively easy, but being a publisher is not. There are many more ways to lose money than to make it in this business. To be a good publisher requires years of experience.
Just form a publishing company and -- voila! -- you are published. But, like joining a PRO, it's pointless unless you are expecting to make a lot of sales of your release.
Your music may be signed to a publisher, but it is not "published" until it is generally released for sale to the public (the condensed version of copyright law definition).
Also, I strongly disagree with the idea waiting until you expect high sales volume before joining a PRO, or even forming a publishing company. You are likely to lose money if you follow this advice. FYI, it is advisable to clear the publishing company name you'd like with the PRO you wish to join (it will be the same as you writer PRO) BEFORE you form the company. If you choose a name they won't clear, then you'll have to start all over again with the d/b/a, the business license and the bank account - not to mention the business stationery you paid for!
If you just want to send your demo to a bunch of radio stations, you don't need a publisher or a PRO. All you want is official copyright registration.
If a radio station plays your music ? even a college or NPR station ? you are eligible to receive performance royalties. If you are not a registered writer member of a PRO, you will not get your writers share. If you are not a registered publisher member, you?ll miss the publishers half too!
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