Previously Unpublished Question

[t4mh]

Hi allOver the years I've looked at various Record Labels who wanted only unpublished material and would in fact only accept material that fit this criteria. I am unsure if this is the case or not with Libraries and the things we submit to within TAXI. Maybe someone can give an authoritative opinion on this issue. Many people including folks here have their music posted on a personal website for the public at large to listen to or even purchase. I have been reluctant to do this. Doesn't this constitute "Publishing"? Publishing has long been defined as released to the general public. Does this even matter anymore?I am not trying to find fault or upset the apple-cart. Just looking for opinion and explanation as a way to go forward.Thanks in advance for any advice on the issue!Keith

[simonparker]

Hey there...I'm not really following your question. Publishing is the rights to the song. If I write a song, I own the publishing. If I write a great song and Warner Chappell likes it too, as a writer, I might give up my publishing share to have Warner Chappell shop it to an artist. In that situation, Warner Chap will be the Publisher and I will be the songwriter. Regarding the word "unpublished". I'm not a lawyer, so you'll need to ask one for legal advice. From what I remember, unpublished simply means the song is not available to the public in any medium. For example, If I write a song and it is NOT commercially released (i.e. by myself on iTunes or recorded by Jordin Sparks), then the song is considered to be "unpublished". I still own the song, I still own the publishing rights, but the song is unpublished. Back in the day b4 downloads and mp3s, the definition of a published work based on the copyright handbook I still have, was the sale of 20 units to the public. Today, I believe that definition to mean the commercial release of your song (i.e. on Itunes, by a band selling it on a CD, etc.). Regardless, I think your inquiry on unpublished would mean that no band has covered your song nor has it been released to the general public.Hope this helps?

[mojobone]

I think that was mainly so labels could steal your publishing along with owning your masters and you. j/kPosting to the web is widely regarded as publishing, but in a technical sense, you might have to have sheet music and/or tab available for sale-I think not. Any case, it's unlikely you'd see that sort of language nowadays, other than as a means to ensure that you own the rights you're selling to them.

[t4mh]

Apr 9, 2009, 11:18pm, mojobone wrote:I think that was mainly so labels could steal your publishing along with owning your masters and you. j/kPosting to the web is widely regarded as publishing, but in a technical sense, you might have to have sheet music and/or tab available for sale-I think not. Any case, it's unlikely you'd see that sort of language nowadays, other than as a means to ensure that you own the rights you're selling to them.So if I am understanding you correctly, posting a song on the internet, not for sale, would mean the song has not been published as far as any library were concerned?Keith

[hummingbird]

Apr 10, 2009, 5:21pm, t4mh wrote:Apr 9, 2009, 11:18pm, mojobone wrote:I think that was mainly so labels could steal your publishing along with owning your masters and you. j/kPosting to the web is widely regarded as publishing, but in a technical sense, you might have to have sheet music and/or tab available for sale-I think not. Any case, it's unlikely you'd see that sort of language nowadays, other than as a means to ensure that you own the rights you're selling to them.So if I am understanding you correctly, posting a song on the internet, not for sale, would mean the song has not been published as far as any library were concerned?KeithI would consider "published" to be on a commercial CD or placed in film or television show or video game.

[Casey H]

Apr 10, 2009, 5:48pm, hummingbird wrote:Apr 10, 2009, 5:21pm, t4mh wrote:So if I am understanding you correctly, posting a song on the internet, not for sale, would mean the song has not been published as far as any library were concerned?KeithI would consider "published" to be on a commercial CD or placed in film or television show or video game."Published" means offered for sale, generally in manners such as Vikki described. Posting on the internet for free does not count as published. This term is often misused. Signing a song contract with a publisher also doesn't make your song 'published'. Casey