dtrain1986 wrote: ↑Wed Apr 02, 2025 2:02 pm
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