Copyright and Lincense

[dtrain1986]

Hi,

So I'm new at this stuff. I have an account with ASCAP as publisher and writer. Do I register a new song with my PRO so I can keep track of any future royalties? I'm assuming that's how songwriters get paid. If an Artist wants to record a song, I can decide who gets the mechanical license but then after that, the Artists need to get a compulsary license to record my song after that? Am I understanding this correctly? Should I use Harry Fox to issue a mechanical license and does it cost anything? Also, do I need to copyright my song to protect it if and when an Artist wants to cut it or is that not necessary?

Darin

[douglasricketts]

Hey Darin! If you're submitting songs to TAXI you don't need to copyright or register them at the outset. If your song is forwarded, the publisher will take care of all that. They might even rename the track, which would render your listing useless and/or cause confusion when it's time for PRO payouts. A lot of the listings are exclusive as well, so if you've registered a song with ASCAP you've probably already released it and that's a big no-no.

[telefunkin]

Check out Taxi TV.

Copyright
https://www.youtube.com/watch?v=paa_FG41gOE

Registering with a PRO
https://www.youtube.com/watch?v=Uxoe0QIZ0m0
https://www.youtube.com/watch?v=7Z63J4A0bAo

Royalties you can get paid
https://www.youtube.com/watch?v=xc6T0XCJpdU

[Casey H]

Hi,

So I'm new at this stuff. I have an account with ASCAP as publisher and writer. Do I register a new song with my PRO so I can keep track of any future royalties? I'm assuming that's how songwriters get paid. If an Artist wants to record a song, I can decide who gets the mechanical license but then after that, the Artists need to get a compulsary license to record my song after that? Am I understanding this correctly? Should I use Harry Fox to issue a mechanical license and does it cost anything? Also, do I need to copyright my song to protect it if and when an Artist wants to cut it or is that not necessary?

Darin

Not legal advice, not a lawyer. BIG DISCLAIMER.

First, of course, watch the videos that telefunkin posted.

If you are pitching songs for artists to record or direct to supervisor Film/TV placement, not Film/TV music libraries, I would register them with your PRO as writer and publisher. In most cases, you do not need to do this if pitching to music libraries. One library I know requests that you do it so you follow their instructions. Music libraries generally do the registrations either when put in the catalog or when there is a placement. PRO registration does NOT provide any copyright protection, it is only a method of getting paid for public performances (Film, TV, concerts, gigs, etc.)

As ML said in that first link, the ONLY way to protect your song in a court of law is with a registration with the US Library of Congress Copyright office. That being said, many of us who write a lot of songs for Film/TV, don't bother because the odds of being ripped off are so small, not worth the cost. That's not advice, just what I see. Of course, if you don't mind the fees and you sleep better at night, it can never hurt to do it. The only time I personally would file a copyright now is if it is for an artist to record or has REAL interest for a major Film/TV placement, beyond just background music (Major ad, featured, etc.)

For artist to record... If a song has never been published (published means offered for sale in any way), an artist has to get a mechanical license from you. Generally, they will pay you the statutory rate per copy (You can look up what the rate is now). I believe for that first time, you can use any rate you want. Once a song has been published, anyone can record your song by paying you the statutory rate per copy. In either case, they would present you with a mechanical license agreement. If you do get an offer to record your song, I strongly recommend you consult with a qualified entertainment attorney. They can advise you on it all including whether or not you should work with the Harry Fox agency. It may or may not be worth it for relatively small releases.

HTH
There is no substitute for consulting an entertainment attorney,
Casey

[VanderBoegh]

I'll chime in with a few more cents. This is how I operate, and like Casey said, should not be taken as advice on what YOU should do.

Personally, I never register anything with the PRO's, and never copyright a damn thing. My reasons for not doing that are:

If you're pitching this song to libraries via Taxi listings, or approaching libraries yourself, then a library will register the music for you with the PRO's. It's part of their job. And oftentimes, there will be headaches for them if they go to register the title, only to find you've already registered it and now have duplicate titles in your portfolio. This creates red tape, as now the library will need you to amend your initial registration, or they'll need to come up with an alternate title so you don't have duplicates.

If you're pitching this song directly to music supervisors yourself, then it probably DOES make sense to register the song with your PRO, and list yourself as the publisher so you can collect that side of the payment if you land a placement. However, since you said you're new to this business, that tells me that you probably don't have these connections to be pitching music to these people directly. You might be able to find some email addresses, but odds are high that your email will get ignored as it is unsolicited. So, unless you've got legitimate supervisor connections, I would personally steer clear of this route and just try to use Taxi to get this song into a library.

As for copyrights, I've never had a hang-up with this, and have never concerned myself with them. Copyrights have nothing to do with money and royalty collection from the PRO's. Like Casey, I would only ever copyright a song if I'd written it for an artist pitch, and some artist decided to cut their own version. Otherwise, who's got the money to be shelling out $65 or whatever is costs? Unless your name is Beyonce or Ed Sheeran or Mark Ronson, it's not likely that you'll be the victim of musical theft - let's face it (as tough as it may be to swallow), our music probably isn't worth stealing. I know my music sure isn't!

Anyway, not trying to push you to do anything specific. I'm just telling you my thoughts and how I personally operate.

~~Matt