Signing Up As Publisher

[solidwalnut]

Hi pboss-- Would you mind elaborating what you mean about: 'payment name the same as your legal name' Are you talking about setting up the payment routine in ASCAP? Thanks much, Steve

...You do have the option of changing it to your own legal name, and that's about it.

I get it, thanks!

[pboss]

If a publisher/library wants exclusivity, they'll file for copyright re-assignment.

Steve, I wanted to clarify this point to avoid confusion for others who might read this. In my experience, publishers who want exclusivity in all markets, don't always require copyright re-assignment. I have one track where I signed away the copyright, as it was my first deal. Since then, production music library publishers that I have signed with, who specify exclusivity in the contract, have not required the re-assignment of the copyright.

I can't speak for your experience, but these days, there is much talk among composers regarding the importance of "getting something" if you're going to sign away the copyright. That might be getting paid up front, (plus of course, 100% of writer's share and possibly sync fees). The industry is a moving target, but this seems to be the current climate among full-time composers, regarding the music licensing business model.

Again, if someone has no deals going and needs to gain some credits, signing away a copyright or two can be worth the opportunity of getting placements, or simply getting started in signing deals or establishing relationships. This is my viewpoint and there are lots of other experiences out there. The market is very different today than what it was in the past, and will constantly change as technology, media and budgets change.

[solidwalnut]

If a publisher/library wants exclusivity, they'll file for copyright re-assignment.

Steve, I wanted to clarify this point to avoid confusion for others who might read this. In my experience, publishers who want exclusivity in all markets, don't always require copyright re-assignment.

Thanks for the clarification. Yes, the industry is a moving target in regard to film/tv (libraries) but I believe the major labels are sticking with the exclusivity/re-assignment of copyright routine. I might be wrong about the labels, but I haven't heard of any deals without re-assignment. Anyway, who knows how long it will be before they also start doing business the library way. Hard to say.

But the interesting thing stems from copyright law which states than ONLY the copyright holder has the exclusive right to exploitation and only the holder of the copyright has the right to litigate in the case of infringement. Of course, contracts are signed all the time that can say whatever they want, with all sorts of variations. So, this trend of not requiring re-assignment might open the door for those libraries to be sued.

Who knows. I realize that so many writers are really only concerned about making money and letting the chips fall where they may, and to let the industry sort out itself. Nothing wrong with that. I just tend to view the larger picture when it comes to this stuff.

Carry on!

[pboss]

Steve,

You bring up a few good points.

1) You mentioned 'labels' and that may totally be the case that the label gets the copyright in record label artist contracts.

2) You mention the area of exploitation of a work as solely the right of the CR holder. I'll have to find out, though, since you bring it up. I sign contracts that give permission to other publishers to exploit the signed works, and I retain copyright.

[coachdebra]

I think I understand, but when you say 'payment name the same as your legal name' and it takes one extra step after the ASCAP set-up, I'm getting lost. My music company name for ASCAP is the same name as my music company with a separate bank account with that name on it. Is that what you're talking about? You said, 'You go back into the system and make a request...'. Are you talking about setting up the payment routine in ASCAP?

Thanks much,
Steve

In order to open a business bank account in a name other than your own, at least in the US, you must register a DBA (doing business as) with your city or county - depending on where you live/work.

The work around is to use your name in your business name - so if your name is John Smith and you name your publishing business as John Smith Publishers or even Smith Publishers, you can open a bank account without filing the DBA.

If you opened your business bank account before 9/11, you may not have been required to do this - but the Banks have become very strict since 9/11.

ASCAP requires you to be able to accept payment in the name of your publishing company - so the name on your bank account needs to match. If you have a DBA, your bank account will be in your name DBA your company's name. And so you should be able to receive payment made out to either.

HTH,
Debra Russell
dba Artist's EDGE