"own and control your Mater and Copyright"

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janbaars
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"own and control your Mater and Copyright"

Post by janbaars » Sun Jan 10, 2016 12:36 pm

Many listings say "You must own or control your Master and Copyright to submit."

Does this mean you have to have your piece of music registered with your PRO?
In the Netherlands that sometimes takes up to a couple of weeks I think.

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Re: "own and control your Master and Copyright"

Post by hummingbird » Sun Jan 10, 2016 12:51 pm

no, it just means you need to have the ability to make agreements for the track. If you hired anyone to help record or produce, you need signed work for hires; if you have co-writers you have your agreements in writing.

PROs are about royalty collection, not copyright.

I am not a lawyer, just my opinion

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Re: "own and control your Mater and Copyright"

Post by janbaars » Sun Jan 10, 2016 1:13 pm

Got it.
Thanks a lot.

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Re: "own and control your Mater and Copyright"

Post by janbaars » Mon Jan 11, 2016 1:51 am

But it seems like some libraries need your pro number, before they can use your music. Isn't that what that sentence is referring to?

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Re: "own and control your Mater and Copyright"

Post by hummingbird » Mon Jan 11, 2016 4:21 am

"You must own or control your Master and Copyright to submit" refers to your ability to manage the copyright of the piece - that there are no possible claims that might be made on that music should it be used, that you have the right to make agreements for that track. If you are a composer producing your own tracks in your home studio, you own all the rights to the master recording and the copyright to it. If you have a band and recorded a song, then the master recording might belong to the producer, the copyright might belong to the band. If you record a cover of a song, you own the master recording but not the copyright to the song. Understanding master and copyright is very important. (Let's say you co-wrote a track with Ralph, Ralph disappeared, and you claimed to own the Master/Copyright for the track and signed it with a library. It gets placed in a hit show, you get your synch fee and your royalties. Ralph finds out and sues the show, the library and you for violation of copyright. Libraries and networks hate that stuff.)

Performance Rights Organizations are for royalty collection. After the track is broadcast in some format and cue sheets are filed (or survey's are reported), let's say your track is placed by a library into America's Next Top Model, cue sheets are filed and typically about six to nine months later your PRO reports that play to you and pays you your royalty.

However, you are correct, most libraries expect you to already have a PRO and to be able to provide your CAE/IPI number when signing their agreement. Registration is usually fairly straightforward and if you are pitching to libraries and publishers you should get yourself set up with a PRO so you're ready to go when they contact you about the track.

JMHO others may have more information or can explain more effectively.
I am not an entertainment lawyer.
"As we are creative beings, our lives become our works of art." (Julia Cameron)

Shy Singer-Songwriter Blog

Vikki Flawith Music Website

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