Who owns the songs you write?

What you must do to ensure you receive your share of the song’s royalties.

Rule Number One: Be sure you don’t leave the writers’ room without noting each co-writer’s contact info, publishing info, percentage split and P.R.O. affiliation.

Rule Number Two: Only people actively involved in writing the song should be present in the writers’ room.

Let’s see why those rules are so important to you, the songwriter.

You’ve just written a new song and you feel pretty certain that it has real ‘hit’ potential, if it gets cut by the right act. In fact, the song is a co-write: you co-wrote it with John and Mary during a two-hour session in a writing room.  At some point – maybe not right away – but at some point, you are going to get the song lyrics typed up in the correct format and submit it to the US Copyright Office using the online electronic (eCO) system.

You’ll also register the song with your P.R.O. because that is how you will earn royalties when the song gets cut. As there are three writers, it is possible that it will be registered with as many as three P.R.O.s: ASCAP, BMI and SESAC. (See note at the end of this article for links to song registration info for each of the three P.R.O.s.)

But wait a minute.

Who actually owns the copyright to the song the three of you have just written?  More importantly, what percentage of the royalties generated by the song does each of you own? What is your ‘split’?  Maybe it doesn’t seem important right now because if the song never gets cut, then a hundred percent of nothing is still nothing.  But what if your hunch was right and the song does have hit potential?  What if the song is a Number One hit single and then gets added to a multi-platinum ‘Greatest Hits’ album and also scores millions of downloads?  Now the writers’ split issue gets very important indeed!

As a general rule, if you agree to a co-write, it’s understood that each of the ‘collaborators’ (to use the legal description) is entitled to an equal split of the writers’ share of the royalties generated by the song. (We’ll get to the Song Publishers’ split in a minute.)

More than once, I’ve heard a songwriter emerge from a writing session and mutter that “[name] didn’t contribute anything” to the co-write. But an entire song might have been spawned by a single line – maybe three of four words – that one writer brought to the table.

A single line can spawn a hit song

That’s exactly what happened when Jerry Butler and Otis Redding got together after performing in a show in Chicago in the mid 1960s.  They talked about writing a song together and Butler said he had a line going around in his head: “I’ve been loving you too long to stop now.”  They didn’t take it any further that night, but Redding returned to Memphis and fleshed out the song from that one line. He recorded the song as a soulful ballad, with that line as the song title.  It sold millions of copies, making it the second biggest seller of Otis Redding’s career.

The only line Jerry Butler contributed was the one that became the song’s title, but without that, the song wouldn’t exist. (As a side note, early copies of the single only list Redding as the writer, something that was rectified after Butler pointed out the error!)

Keep it ‘writers only’ in the writers’ room!

It is advisable to have an agreement before you start any writing session as to what the split will be, if there is to be anything other than an equal split. Again, unless you specify otherwise, in writing, everyone in the writing session gets equal writing credit regardless of each individual’s participation. And that is a very good reason to consider your writing session a ‘closed door’ affair.  That means not letting anyone just ‘hang out’ with you and your co-writers unless you consider them to be actively involved in the creative process. Anyone present in the writers’ room could be entitled to get a writer’s credit!

Case in point: Infamous song producer Phil Spector managed to insinuate himself into early writing-recording sessions where songs were composed by Mick Jagger and Keith Richards. As he was there when some songs were written, he gets writer’s credit.  Okay, so it’s unlikely that Phil Spector will crash your writing session (you’d better hope not) but if someone is in the room when you are writing, there’s a strong chance you will find yourself including them in the credit.  And splitting the $$$ with them, if the song gets cut.

What about the song publishers?

Up to now, we’ve talked about the writers’ splits.  But each song gets published and traditionally, the publisher retains half of the revenue from the song.  If you write alone and own your own publishing company, it’s simple: you own the publisher’s 50% AND the writer’s 50%.  If you co-write with one other person and she owns her own publishing, the two publishing companies equally split the publishers’ 50% and the two writers split the writers’ 50% of the total revenue.  The more writers and the more publishing companies, the thinner the slices of the revenue pie become. (I go into more detail about song publishing in my book, “The College of Songology 101: The Singer/Songwriter’s Need To Know Reference Handbook.”  See the note at the end of this article.)

If anything, that situation makes it even more vital that you have an agreement before you write as to whether you all agree to an equal split or not. There could be instances when one writer agrees to take less than an equal split: for example, a novice writer co-writing with a major hit writer, mainly for the experience he or she gains from the session.  But in a case like that – where there will be an unequal split of the writers’ credit – it is essential that the percentage split is clearly spelled out in writing. Never assume that the other collaborator ‘understood’ that would be the case.

Specify the split on the P.R.O. song registration

When you submit your song registration form to your P.R.O. you will see a space where you specify the percentage of the royalty – the split – that each writer is entitled to. You’ll make a similar entry regarding the publishing split.  As there’s a possibility that you and your co-writers are affiliated with different P.R.O.s, it is essential that you agree on the split before the song is registered because the split info must be the same on each P.R.O.s registry.

When it comes to registering the song with P.R.O.s, if two or more writers are affiliated with the same P.R.O. it is important that the song is registered only ONCE with that P.R.O.  For example, if you and John are affiliated with ASCAP and Mary is with BMI, the song you wrote together would be registered once with ASCAP (because you and John are both with ASCAP) and once with BMI. If you and John both submitted the same song to ASCAP, there would be confusion over duplication of writer and publisher. Both you and John receive writer’s credit even though only one of you registered the song with your P.R.O.

The takeaway is this: The writers’ credit is split equally between all the collaborators who created the work, regardless of each collaborator’s actual contribution, unless there is a prior agreement that there will be an uneven split. As the registration with your P.R.O. will include this vital information, be sure all writers are in agreement about the split!

Notes: Each of the P.R.O.s in the United States have slightly different processes when it comes to song registration. Although it is helpful to understand how each of them operates, you only need to be fully familiar with the workings of your own P.R.O.  And, of course you can only register a song with the P.R.O. with which you are affiliated. Here are links to song registration info for ASCAP, BMI and SESAC:

ASCAP registration here. 

BMI registration here.

SESAC registration here. 

Preshias Harris is the author of “The College of Songology 101: The Singer/songwriter’s Need To Know Reference Handbook.”  It is available in print and e-book versions at www.collegeofsongology.com  The book includes more detailed information about the copyright process, song publishing, working with your P.R.O., licensing your music and much more.

ASCAP, BMI creating joint music database

Set to go live by end of 2018

ASCAP and BMI, the nation’s two leading performing rights organizations, have joined forces to create a single, comprehensive database of musical works from their combined repertories that will deliver an authoritative view of ownership shares in the vast majority of music licensed in the United States.

As you know, virtually all other countries get by with one P.R.O.  The USA has three: ASCAP, BMI and SESAC. Actually, there are four, if you include Global Music Rights (GMR) an invitation-only organization formed by Irving Azoff in 2013. Although all the P.R.O.s have a good working relationship, there have been limited instances of any of them truly working together. Until now.

We now have what appears to be good news for songwriters, publishers and those wishing to more easily identify information to, say, acquire sync licenses. The announcement came a few days after news that Rep Jim Sensenbrenner (R-Wis) had introduced the Transparency in Music Licensing and Ownership Act that was not viewed favorably by the P.R.O.s representing songwriters and publishers.

Predictably, the lawmakers who sponsored the bill reacted negatively to the announcement from the P.R.O.s. Also expressing a negative opinion was the Music Innovation Consumer (MIC) Coalition. MIC is an organization that lobbies on behalf of the radio and tech sectors, such as the Digital Media Association and the National Association of Broadcasters.

ASCAP, BMI issue joint statement

The remainder of this post mostly contains the text of a joint release issued by ASCAP and BMI on June 26, 2017.  You can read the original release at ASCAP’s website here and at BMI’s website here.

Elizabeth Matthews, ASCAP CEO

Expected to launch in the fourth quarter of 2018, the first-of-its-kind database will feature aggregated song ownership data from ASCAP and BMI and offer greater transparency to music users and the industry.  The announcement was made today by Elizabeth Matthews, CEO, ASCAP and Mike O’Neill, President and CEO, BMI.

Michael O’Neill, BMI CEO

A cross functional team of copyright, technical and data experts from BMI and ASCAP began working on the project over one year ago in anticipation of the demand from licensees and the industry for more clarity around ownership shares.  The database, which will be publicly available initially via ASCAP’s and BMI’s websites, will feature aggregated information from BMI’s and ASCAP’s repertories and will indicate where other performing rights organizations may have an interest in a musical work. The joint database will serve as a foundation that can evolve to include a broader range of music information across the entire industry.

Matthews commented, “ASCAP and BMI are proactively and voluntarily moving the entire industry a step forward to more accurate, reliable and user-friendly data. We believe in a free market with more industry cooperation and alignment on data issues.  Together, ASCAP and BMI have the most expertise in building and managing complex copyright ownership databases. With our combined experience, we are best positioned to make faster headway in creating a robust, cost effective market solution to meet the needs of the licensing marketplace.” Continue reading “ASCAP, BMI creating joint music database”

Thomas Rhett’s ‘Craving You’ single tops Airplay charts

Dave Barnes and Julian Bunetta write Rhett’s 8th Number One

Thomas Rhett

Congrats to Thomas Rhett for his single “Craving You” hitting Number One on both the Billboard Country Airplay and Mediabase charts, sky-rocketing to the top in just 15 weeks as the fastest-rising song of his career so far.

And, of course, special congrats to the song’s writers, Dave Barnes and Julian Bunetta!  Dave’s other songwriting credits include tracks recorded by Reba McEntire, Blake Shelton and Billy Currington. He is also a recording artist with nine studio albums to his name. Julian has cuts on artists as varied as Harry Styles, One Direction and Little Big Town.

Julian Bunetta
Dave Barnes

Second Number One this year

“Craving You” (featuring Maren Morris) marks Rhett’s second Number One this year and the eighth of his career. It is the lead single from his upcoming third album due later this year. Rhett is continuing his HOME TEAM TOUR. After drawing capacity crowds overseas last year, he returns with plans to go back to Europe while also making his debut headlining run in Canada in addition to US dates. It’s one more success for Rhett who was named ACM Awards Male Vocalist of the Year.

For more information on new music and for a full list of upcoming tour dates, visit Rhett’s website. And be sure to check out the really creative music video for “Craving You,” designed to look like a movie trailer.

Kenny Rogers: You’ve got to know when to fold ‘em

Dolly Parton joins Kenny Rogers for Farewell concert

It seems impossible to imagine the world of music without Kenny Rogers scheduled to appear on a stage somewhere around the globe.  But as he sings in ‘The Gambler,’ you’ve got to “know when to fold ‘em, know when to walk away…”  And soon, he’ll be doing just that.

Kenny Rogers (along with Blackbird Presents) has announced “All In For The Gambler: Kenny Rogers’ Farewell Concert Celebration,” an all-star concert event taping at the Bridgestone Arena in Nashville, Tennessee on Wednesday, October 25, 2017 at 7PM CT. This once-in-a-lifetime concert event will honor Kenny Rogers’ historic 60-year career and will feature the final performance together by Kenny Rogers and Dolly Parton, one of popular music’s most beloved duets of all time.

A moving experience

“As I’m bringing this chapter of my career to a close, this will be an unforgettable way to celebrate with my talented friends, who I’m so grateful to have crossed paths with,” says Kenny Rogers. “It means so much that they would feel compelled to do this for me. Of course, the night would not be the same without Dolly Parton being part of it.

“We’ve enjoyed a special friendship for decades, and I’ll forever look back fondly on the many collaborations, performances, and laughs we’ve shared as some of the most extraordinary moments of my career. I know it will be a moving experience for us standing on that stage together for one last time.”

In addition to Kenny and Dolly, the show will feature performances by Little Big Town, Alison Krauss, The Flaming Lips, Idina Menzel, Jamey Johnson, Elle King and many other special guests to be announced in the coming weeks.

Dolly will be there with Kenny

“Kenny is like a family member to me. We have been friends for over 30 years and made musical magic together,” says Dolly Parton. “Since 1983, when we released ‘Islands In The Stream,’ everyone has had an expectation to see Kenny everywhere I go and me with him wherever he goes.”

Tickets are on sale now at Ticketmaster.com, by phone at 800-745-3000, all Ticketmaster locations and the Bridgestone Arena box office. A portion of the proceeds will benefit the T.J. Martell Foundation and the Kenny Rogers Children’s Center.

For complete show details, vote the official concert website here. More about Kenny Rogers at his official website here.

‘American Grandstand’ tops charts

Rhonda Vincent and Daryle Singletary’s new album shows traditional country alive and well

Rhonda Vincent and Daryle Singletary show that Traditional Country Music hasn’t gone anywhere as their new project ‘American Grandstand’ landed its first week on Billboard’s Top Current Country Albums chart at No. 10.

Back on July 8, I posted here on NashvilleMusicLine.com that Rhonda and Daryle’s collaboration had just been released, and it’s a pleasure to know that it has already made an impact on the charts. It also debuted at No. 1 on the Billboard Bluegrass Chart, and No. 1 on Billboard’s Heatseekers Album Chart for the week of July 29, 2017.

Not since George & Tammy and Conway & Loretta has there been a vocal duet performance like Rhonda Vincent & Daryle Singletary. Their chart success marks yet another indication that buyers love the authentic, unaltered voices of two great singers in this generation of country music. The album is available here and wherever music is sold.

Rhonda on tour in USA and Europe

Rhonda in Prague

By the way, fans can catch “The Most Award-Winning Band in Bluegrass Music History” Rhonda Vincent & The Rage on the road throughout the remainder of the year, as the IBMA “Entertainer of the Year” and 8-time “Female Vocalist of the Year” winner makes stops at festivals and venues throughout North America, plus a return visit to Europe’s Bluegrass Capital – Prague, Czech Republic www.rhondainprague.cz in September, along with a stop at Switzerland’s Most Prestigious Country Music Festival in beautiful Gstaad. More details on Rhonda’s website and social media.

Brett Young celebrates new Number One

First ‘Number One’ for three co-writers

It’s always a great day for me when I can celebrate songwriters’ success, and nothing says ‘success’ like a Number One party.  When it’s a writer’s first-ever Number One, that’s an even greater thrill.

On Monday, July 17, Nashville’s music community showed up at FGL House at a party co-hosted by ASCAP and BMI to acclaim Brett Young’s second consecutive Number One hit, the Platinum-certified “In Case You Didn’t Know.” Brett was on hand to celebrate with his three co-writers, for whom this song was their first chart-topper.

Kyle Schlienger (ASCAP), Tyler Reeve (BMI) and Trent Tomlinson (BMI) had apparently gotten together ‘south of the border’ to pen the hit with Brett.

Pictured (L-R): Kyle Schlienger, Brett Young, Tyler Reeve, Trent Tomlinson. Photo: ASCAP

“In 2015, I asked these guys to come to Puerto Vallarta with me to write some songs,” explained Brett. “I was lucky enough that they agreed even though they didn’t know me well. But who passes up a free trip to Mexico? We knew we had something special with ‘In Case You Didn’t Know’ from the start, but I’m so thankful for how this song continues to change my life.”

Song’s ‘Making Of’ video shown

At the party, we saw a video that had been recorded during their songwriting retreat, showing how the song developed from the original concept.  For novice songwriters attending the Number One party, it was a fascinating opportunity to watch ‘behind the scenes’ as the four guys collaborated on the song’s creation. If you are a ‘rookie’ songwriter and, even if a hit recording artist isn’t likely to ask you to join him on an expenses-paid trip to the beach, it certainly was an inspiration to see how hard work and persistence can pay off in the long run.

The song ultimately landed at No. 1 across multiple platforms: Mediabase and Billboard Charts, Sirius XM’s The Highway, Vevo Country Chart for six consecutive weeks and No. 1 CMT Hot 20 Chart for two consecutive weeks. With “In Case You Didn’t Know,” Brett is also currently nominated for a Teen Choice Award in the Choice Country Song category and fans can vote here

For additional information and a full list of tour dates, including stops on Lady Antebellum’s YOU LOOK GOOD WORLD TOUR, visit Brett’s website.

Steve Azar knows there’s something in the water

New album, ‘Down At The Liquor Store,’ recorded at historic Mississippi studio

You’ve probably heard the phrase, “There’s something in the water.” Steve Azar certainly believes that to be true. He and his collaborators have launched a crowdfunding campaign to bring about the completion of a full-length documentary titled “Something In The Water.” You can pledge your support to the campaign here.

The documentary was filmed during the making of the album titled “Down At The Liquor Store” [Ride Records] by Steve Azar & The Kings Men, due out August 11, 2017.

Club Ebony, Mississippi landmark

Club Ebony Blues Trail Marker, Indianola, MS

In April of 2016, Steve Azar became the first artist to record a full-length studio album at the legendary Mississippi landmark, Club Ebony. A long time in the making, and his first record in 5 years, Steve cut 13 new original tracks.

The club, now belonging to the B.B. King Museum, was turned into a recording studio capturing the rich history and vibe of the room and in turn creating inspirational performances on the record.

Steve Azar and the Kings Men

The album, “Down At The Liquor Store,” was made with the participation of The Kings Men, a group of musicians who backed B.B. King, Elvis Presley, and other musical Kings. The combination of Steve’s Delta songwriting approach and the band’s musical background has created a unique and soulful sound that audiences will be hearing in the later part of 2017.

Steve Azar calls it Delta Soul

The combination of Steve’s Delta-born songwriting approach, the band’s musical background and intuitive nature has created a unique and soulful sound that isn’t country, per se, isn’t specifically rock, nor is it traditional blues. It is, rather, a unique amalgam of these forms along with Azar’s own take on creating work that is elevating, liberating and transformative. He calls it “Delta Soul.”

The album’s title was derived from his experiences in his younger days helping his parents, descendants of Lebanese/Syrian immigrants, run the family business which served as a kind of community center for generations of Mississippians of all backgrounds and races.

Artist in Residence at Delta Music Institute

Steve Azar. Photo credit: steveazar.com

In addition to this new project, Steve is also artist in residence at Delta State University’s Delta Music Institute and hosts the Delta Soul Celebrity Golf & Charity Event. It’s the annual fundraiser that benefits the Steve Azar St. Cecilia Foundation (SASCF), established by Steve and his wife Gwen in 2006. Since its inception, SASCF and its Delta Soul Event, has donated over $600,000 to the many arts for children programs and scholarships throughout the delta.

More about Steve Azar, the new album and the opportunity to pledge support for the “Something In The Water” documentary film campaign here.

Rhonda Vincent, Daryle Singletary team up on ‘American Grandstand’

New duet album is a fresh creation of real American music

Kentucky is known as the Bluegrass State. Growing up in Kentucky, my first memories of music in my home were the Bluegrass on my momma’s side and the rock ‘n’ roll (my daddy’s side) because of the Everly Brothers family tie. I do get excited when I see a Bluegrass record come out. Especially if they are from two of my all-time favorites: Rhonda Vincent and Daryle Singletary.

Rhonda Vincent and Daryle Singletary have released their brand new duet album titled “American Grandstand.” The album includes 12 traditional country songs, combining classic duets along with never before heard all-original music.

I’ve interviewed Daryle over the years and he is what he sings. He was raised on Bluegrass and Gospel and he credits his heroes as George Jones, Merle Haggard and Keith Whitley. What you see is what you get with Daryle. I wouldn’t be surprised if Webster’s Dictionary had Daryle’s photo beside the definition of “True Country.”

Daryle Singletary

Daryle is hitting the pavement hard with his summer tour in full swing. He is booked from Texas to West Virginia and everywhere in between.

Rhonda is one of the most awarded female artists ever in Bluegrass and she’s not even slowing down with this new album out. It definitely reveals a new level of her talent.  She is the leading lady of Bluegrass.

Rhonda Vincent. Photo: Webster PR

Rhonda will also appear on Heartland TV’s “Bluegrass Ridge,” where she will be the guest host for 4 consecutive weeks, beginning the week of July 10th. Throughout each episode, she will share some of her most career-defining moments, and what led her to the latest venture. She and Daryle are also giving fans an inside glimpse of tracks from the latest album with exclusive videos featured on The Country Note, The Daily Country, Roughstock, Nashville Country Club, Lovin’ Lyrics and more.

‘One,’ their tribute to George and Tammy

The seed was planted for what would become the lead single, “One,” when the dynamic pair performed the song together in 2016 at the legendary Grand Ole Opry.  The response to the performance ultimately led them to record the song. The song originally was made famous by country icons George Jones and Tammy Wynette. It was from their last album together called “One” which was released in 1995. It was written by Judith Bruce, Ed Bruce and Ron Peterson.  “One” was their last song together, before Tammy passed away in 1998. Daryle and Rhonda put their unique spin on the song and on each track on the new project, with their distinctive vocals and impeccable talent.

NOTE: In addition to upcoming tour dates, fans will be treated to multiple performances as both artists teamed up for their tour. Their concert during this year’s CMA Music Fest in Nashville was featured in Rolling Stone Country’s 20 Best Free Concerts. Fans can catch Rhonda Vincent, who the Wall Street Journal dubbed “The New Queen of Bluegrass,” at festivals and venues throughout North America, while fans in central Europe will get a chance to catch the most award-winning band in bluegrass music, Rhonda Vincent & The Rage, when they head overseas in September.

The new album, ‘American Grandstand’ can be purchased here.    Rhonda Vincent’s tour schedule and more can be found here.   Follow Daryle Singletary on Facebook here.

Track listing for ‘American Grandstand’

Continue reading “Rhonda Vincent, Daryle Singletary team up on ‘American Grandstand’”

Singer-songwriter Parker Willingham hosts listening party

Unveils new music at Nashville acoustic show

Parker Willingham hosted a New Music Review listening party at The Westin L27 Rooftop, July 5th. Willingham spotlighted tracks from his new recording project YOU GET ME EVERY TIME (Apple Row Music Group).

From Left To Right: Robin Majors/Robin Majors Management, Kat Atwood/Music City Media, Parker Willingham, Shelly Mullins/ProMO Image, Neal Spielberg/Spielberg Entertainment
Photo Credit: Karen Will Rogers Photography

Willingham gave an acoustic performance before friends, family, fans, peers and music industry execs. Featuring solo and co-writes titled “Raining Down,” “Flipside,” “All Over You” and the title track, YOU GET ME EVERY TIME is a canvas of Parker’s wit, grit, heart and soul, and offers an authentic insight to passionate, poignant, pivotal and painful pages of his life.

The ballads (such as “One Kiss At A Time” and “Hard To Say”) depict the innocence and confusion of falling in love, and love at the right time, while “Chase Her Dreams” and “Me Loving You” set love free. The beachy, true-to-his roots party anthem, “Cold Creek,” celebrates a spiritual freedom and “We Got It All Right” turns the page to a forever love potential.

Satisfying the traditional country music fan and country music enthusiasts with a more flavorful palate, YOU GET ME EVERY TIME has also garnered early applause from radio and the media with every noteworthy ingredient.

“Parker Willingham is absolutely incredible; this guy must be heard. He’s ‘Nashville’s best-kept secret’ and he’s going to be explosive!” — Seth Coburn, Morning Drive Host / KLAW101 (OK)

“I’m spinning Parker Willingham on CMR Nashville now and mark his new album with high ratings. He is a star in the making with a great voice.”  Lee Williams/CMR Nashville

YOU GET ME EVERY TIME is now available via all digital platforms (Spotify/Amazon/iTunes).

Michael Ray celebrates Number One again

Michael Ray, songwriters, honored at Number One party

Once again, Atlantic/WEA’s Michael Ray celebrated another Number One, for ‘Think A Little Less.’ Here is Michael pictured with the writers. Pictured (l-r) are Thomas Rhett, Ray, Jimmy Robbins and Barry Dean. Not pictured was the fourth writer – ASCAP’s Jon Nite. This makes the second number one single from Michael’s debut self-titled album. His summer touring dates are full and he has a new single, ‘Get To You,’ that was released a few days ago. It’s going to be a grrrreat summer for this Eustis Florida native, who now calls Nashville home.

You can find Michael’s tour schedule and catch the official video for ‘Get To You’ here.