Build your Music Biz I.Q.!
In every business, there are some things you just have to know. Your songwriting career is no different. Here are seven questions you should be able to answer. If you’re not sure of the answers, go online and search for the information before you scroll down to read the answers. By carrying out your own research, you are more likely to retain the information, adding to your knowledge of the music industry.
QUESTIONS
- What are the 6 exclusive rights bestowed upon the owner of a song’s copyright?
- What should you do after you have written (or co-written) a song?
- True or false: A song has copyright as soon as you finish writing it.
- Name the three Performing Rights Organizations (P.R.O.s) in the United States.
- What is a P.R.O. and why do you need to belong to one?
- What is the length of contract and termination requirements you would sign if you affiliated with one of the three P.R.O.s?
- At what age can you start your own publishing company?
Ready to check your answers?
ANSWERS
What are the 6 exclusive rights bestowed upon the owner of a song’s copyright?
Here are the six exclusive rights, as defined by the U.S. Copyright Office:-
[i] To reproduce the copyrighted work in copies or phonorecords. ‘Phonorecord’ is a legal term for material objects produced through sound recording, such as a CD, vinyl record, audiotape, MP3, etc.
[ii] To prepare derivative works based upon the copyrighted work. You have the right to change it around if you wish. Add lyrics, make a new arrangement, change the chorus, etc.
[iii] To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. (Remember, you are not selling the SONG which is your intangible, intellectual property; you are selling the CD onto which a copy of the song has been recorded!)
[iv] In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly. So, as the songwriter, you have the right to perform your song at a public event such as onstage or at a writers’ night.
[v] In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly. As you might guess, this right refers mainly to painters, sculptors, photographers, who would want to display or show their creative work.
[vi] In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. If your song is in a digital file on your computer, you have the right to ‘perform’ it digitally.
Note that you, as the copyright holder, can monetize those rights by licensing the use of your music (for example to a record label or artist that wishes to record your song).
2. What should you do after you have written (or co-written) a song?
Here’s what you need to do:
[i] Type up the complete lyrics (do not simply type “repeat chorus,” etc) and add your name and your co-writers’ names (if any) to the bottom of the sheet.
[ii] Be sure to include all info for all of the song’s writers (example: Legal name, their P.R.O. and names of publishing company).
[iii] Start a file of typed lyrics sheets.
[iv] Make and print a hard copy for possible future pitches, performances and cuts.
[v] In your file, make note of contact info of all the writers.
Note: If you said “Register the copyright,” that isn’t usually necessary immediately after a song has been written. See Number 3, below.
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True or false: A song has copyright as soon as you finish writing it.
True. The writer[s] of a song own the copyright as soon as it has been completed, but you should be sure to include the writer’s information on the lyric sheet as noted above.
When you are ready to register your copyright you can do so online at http://copyright.gov/ using their ‘e-copyright’ (eco) form, which is faster and less expensive than filing a hard copy by mail. A copyright registration is considered to be ‘effective’ when it is received by the U.S. Copyright office, subject to review. You’ll receive a mailed certificate several weeks later. Whereas registering your copyright is not essential or even necessary unless the song is going to be commercially recorded or performed in public, registration provides ‘prima facie’ evidence that you legally own the copyright in the event of a dispute or infringement.
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Name the three Performing Rights Organizations (P.R.O.s) in the United States.
Here are their names and websites:-
ASCAP (The American Society of Composers, Authors and Publishers) http://www.ascap.com
BMI (Broadcast Music, Inc.) http://www.bmi.com
SESAC (The Society of European Stage Authors and Composers) http://www.sesac.com
- What is a P.R.O. and why do you need to belong to one?
P.R.O. stands for Performing Rights Organization. A P.R.O. acts an intermediary between copyright holders and parties that use copyrighted music works publicly. The key word there is publicly, because a P.R.O. is not involved in any legal consumer purchase of works such as buying a CD from a retail outlet, which confers private performance rights. When music is performed publicly, the P.R.O. collects income owed to songwriters and music publishers. Such public performances can include radio, television, clubs and restaurants.
As an individual songwriter, it would be impossible for you to track down and collect the royalties due to you from all the radio stations and TV broadcasts as well as from clubs and restaurants playing your songs. Your P.R.O. is set up to perform that task for you and retains a small percentage of each payment they receive. There is a lot more you need to know before deciding which, if any, of the P.R.O.s you should join. Visit each of their websites, listed above, and do your homework!
- What is the length of contract and termination requirements you would sign if you affiliated with one of the three P.R.O.s?
Each of the three P.R.O.s has different regulations concerning the length of your contractual commitment and how you, as a writer and/or publisher, can terminate your affiliation.
ASCAP: The contract terms at ASCAP are identical for both writers and publishers and affiliates may resign at the end of any year of the contract upon three months written notice in advance.
BMI: A standard writer’s contract lasts for two years and a standard publisher’s contract is for five years, but some writers and publishers have been able to negotiate shorter-term contracts. The contracts continue to renew for two years (writers) and five years (publishers) if the termination date is missed. Notice of requested termination must be sent by registered or certified mail no sooner than six months and no later than 60 or 90 days prior to the end of the contract term.
SESAC: For both writers and publishers, contracts last for three years and auto-renew for 3-year periods. Contracts may be terminated in writing not more than six months and not less than three months prior to the contract’s scheduled ending.
Note that – unlike ASCAP and BMI – SESAC membership is essentially ‘by invitation only’ and their website states: ‘SESAC requires potential affiliates or their representatives to have a pre-existing relationship with a member of the Creative Services Department. At this time, SESAC is not taking unsolicited affiliation applications.’
- At what age can you start your own publishing company?
Because you can write a song at any age, technically you are the ‘publisher’ of the song that you have written (unless you have signed with a publisher), even if you are seven years old.
However, that doesn’t mean you can legally start a commercial enterprise such as your own music publishing business if you are a minor. Running such a business will mean you’d be initiating and/or signing legal documents and that would require you to have reached ‘the age of majority’ which is the age when a person is considered to be an adult, and it may vary according to state laws. In most states, the age of majority is 18, but in Alabama, for instance, the age of majority is 19.
However, there are many highly talented songwriters who begin writing before the age of 18. In many cases, the writer’s parents start a publishing company in behalf of their child and assume the legal responsibilities, at least until the writer reaches the age of majority.
All three of the P.R.O.s mentioned above have very helpful information about starting and operating your own publishing company that you can investigate at their websites.
Knowledge is power
The answers above are just an overview and by no means definitive and complete. I encourage you to do your own research at reliable sources online. A good place to start would be the websites of the three P.R.O.s listed above, and also at the U.S. Copyright Office website where you can find several downloadable ‘circulars’ that are informative and easy to read and understand.
Knowledge is power: Increasing your knowledge of how the music industry works will build your confidence and help you to make informed decisions when opportunities are presented to you.
ASCAP has announced the first wave of music creators who will take the stage at their 2018 “I Create Music” EXPO. Among these ASCAP members from across genres and generations are multi-platinum recording artist Jason Mraz, Grammy Award-winners Marc Cohn, Darrell Brown and Dan Wilson, multi-time ASCAP Latin Songwriter of The Year selection Claudia Brant, jazz legend Marcus Miller, Songwriters Hall of Fame inductees Desmond Child and Paul Williams, rising pop star Billie Eilish and her close collaborator Finneas O’Connell. Now in its 13th year, the ASCAP “I Create Music” EXPO is the largest conference of its kind in the United States, attracting over 3,000 music creators for three days of panels, workshops, master classes, keynotes and one-on-one sessions with the industry’s top hitmakers.
The 2017 “I Create Music” EXPO included nearly 200 panelists from across the music business covering dozens of compelling topics, from Congressional legislation benefiting songwriters to expanding the role of women in film music to a case study with the team behind Justin Bieber’s Purpose. The 2018 EXPO will feature a comparable amount of panels and panelists, with a host of noteworthy lineup additions planned for the coming months. This will include the announcement of 2018’s keynote speaker, an honor previously given to Katy Perry, Stevie Wonder, Quincy Jones and Justin Timberlake.
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.
As part of the P.R.O.’s negotiated, voluntary licensing deal, ASCAP will combine its database of 10.5 million musical works with YouTube’s data exchange. The evolution of the agreement between the two entities leverages YouTube’s data exchange and ASCAP’s vast database of musical works to address the industry challenge of identifying songwriter, composer and publisher works on YouTube, and demonstrates ASCAP’s commitment to building industry-leading data capabilities. This innovative collaboration will enable new levels of monetization and transparency for ASCAP and its members.
