One of the most overlooked and complex aspects of the music industry today is music publishing. Many musicians have no clue what exactly music publishing entails or why it is so important. The biggest reason any musician should understand music publishing is because music publishing is how musicians make money for their intellectual property. Here is a list of 8 things every musician should know about music publishing.
1. Musical Composition vs. Sound Recording - When it comes to music publishing this is a concept so important the copyright office has a singled-out page about it. The musical composition is the specific ordering and structure of musical notes, sometimes accompanied by words. The sound recording is a phono-record copy of the composition being performed in some manner. Basically, the musical composition is the actual song and the sound recording is the recording of the song.
2. Publishing Share = 50% of the song - When a song is created it automatically has two rights associated with it; publishing rights and songwriter rights. Publishing rights represent a 50% share of the song and songwriter rights represent the other 50% of a song. If a songwriter publishes their own work they will own 100% of the song. If the songwriter signs a co-publishing agreement for a 50/50 split, the songwriter owns 75% of the song. This is because the most any publishing contract can cover is 100% of the publishing rights which only accounts for 50% ownership of the song.
3. Length of Copyrights - The length of the copyright for a song lasts until 70 years after the death of the songwriter(s). If there are multiple writers then the 70 years is determined to last after the death of the last surviving author. So if you write a song that becomes a hit and it has lasting effects, your great-grandchildren or even 2nd-great grandchildren could be receiving royalty checks from your work.
4. Performance Rights Organizations - Also known as PROs, these are organizations who collect royalty fees for artists and distributes them amongst the artists accordingly. In the USA there are three societies; ASCAP, BMI, and SESAC. Most artists join ASCAP or BMI because they offer open membership but if you want to affiliate with SESAC you'll have to submit an application for consideration. In order to join any of these you will need to have a composition released in an area which the PROs issue licenses; radio, television, film, interactive streaming, mechanical reproductions, or public performance (not a performance as in you playing it live, this refers to restaurants, shops, and businesses playing songs over their speakers). The societies are currently working to pass the Songwriters Equity Act (SEA) which would re-establish many current rules including the statutory rate for mechanical licenses and royalty payment for interactive streams (i.e. pandora, spotify, etc).
5. Mechanical Licenses - A mechanical license is the licensing of a copyrighted musical composition for use on CDs, records, tapes, and certain digital configurations. You can think of it as a mechanical reproduction of a copyrighted musical composition or the sale of one. A mechanical license does not give the right to sample from any phonorecord of the original recording, it just allows the reproduction of the composition. In the USA these licenses are mostly issued through the Harry Fox Agency but there are smaller agencies who also collect the royalties from mechanical licenses.
6. Synchronization Licenses - A synchronization license is the licensing of a copyrighted musical composition for synchronization to a visual media outlet. In layman terms it is a license to use a composition in a tv show, movie, video game, advertisement, promotional video, or any other visual media. Similar to the mechanical license a synchronization license does not give the right to use any part of the studio sound recording, this would require a Master Use License issued by owner of the recorded work (often a record label).
7. Publishing Contracts - Signing a publishing contract is kind of similar to a record contract in that you are given an advance (basically a loan) which is often recouped through the royalties earned. A music publisher's main role is to collect royalties for the songs in it's catalogue and distribute them accordingly. Many music publishers also actively sell the songs in their catalogue and maintain relationships with other personnel throughout the entertainment industry who buy music. MOST IMPORTANTLY, you do not need to sign a publishing contract to copyright your music, license your music, or collect royalties for your music. Signing a publishing contract is very risky and should be done only after consulting your lawyer (if you are offered a deal and don't have a lawyer, find one). It can be quite profitable to team up with a music publisher as they can help advance your career quite heavily but it isn't necessary.
8. Copyright Royalty Board - Also known as the CRB, this is the board which decides the royalty rates for copyright statutory licenses. The board consists of three judges who are appointed by the Librarian of Congress. The board currently consists of; Suzanne M. Barnett(Chief Copyright Royalty Judge),David R. Strickler, and Jesse Feder. Each judge must be an expert in either economics (Strickler), copyright (Feder), or adjudication and trial procedure (Barnett).
1. Musical Composition vs. Sound Recording - When it comes to music publishing this is a concept so important the copyright office has a singled-out page about it. The musical composition is the specific ordering and structure of musical notes, sometimes accompanied by words. The sound recording is a phono-record copy of the composition being performed in some manner. Basically, the musical composition is the actual song and the sound recording is the recording of the song.
2. Publishing Share = 50% of the song - When a song is created it automatically has two rights associated with it; publishing rights and songwriter rights. Publishing rights represent a 50% share of the song and songwriter rights represent the other 50% of a song. If a songwriter publishes their own work they will own 100% of the song. If the songwriter signs a co-publishing agreement for a 50/50 split, the songwriter owns 75% of the song. This is because the most any publishing contract can cover is 100% of the publishing rights which only accounts for 50% ownership of the song.3. Length of Copyrights - The length of the copyright for a song lasts until 70 years after the death of the songwriter(s). If there are multiple writers then the 70 years is determined to last after the death of the last surviving author. So if you write a song that becomes a hit and it has lasting effects, your great-grandchildren or even 2nd-great grandchildren could be receiving royalty checks from your work.
4. Performance Rights Organizations - Also known as PROs, these are organizations who collect royalty fees for artists and distributes them amongst the artists accordingly. In the USA there are three societies; ASCAP, BMI, and SESAC. Most artists join ASCAP or BMI because they offer open membership but if you want to affiliate with SESAC you'll have to submit an application for consideration. In order to join any of these you will need to have a composition released in an area which the PROs issue licenses; radio, television, film, interactive streaming, mechanical reproductions, or public performance (not a performance as in you playing it live, this refers to restaurants, shops, and businesses playing songs over their speakers). The societies are currently working to pass the Songwriters Equity Act (SEA) which would re-establish many current rules including the statutory rate for mechanical licenses and royalty payment for interactive streams (i.e. pandora, spotify, etc).
5. Mechanical Licenses - A mechanical license is the licensing of a copyrighted musical composition for use on CDs, records, tapes, and certain digital configurations. You can think of it as a mechanical reproduction of a copyrighted musical composition or the sale of one. A mechanical license does not give the right to sample from any phonorecord of the original recording, it just allows the reproduction of the composition. In the USA these licenses are mostly issued through the Harry Fox Agency but there are smaller agencies who also collect the royalties from mechanical licenses.
6. Synchronization Licenses - A synchronization license is the licensing of a copyrighted musical composition for synchronization to a visual media outlet. In layman terms it is a license to use a composition in a tv show, movie, video game, advertisement, promotional video, or any other visual media. Similar to the mechanical license a synchronization license does not give the right to use any part of the studio sound recording, this would require a Master Use License issued by owner of the recorded work (often a record label).
7. Publishing Contracts - Signing a publishing contract is kind of similar to a record contract in that you are given an advance (basically a loan) which is often recouped through the royalties earned. A music publisher's main role is to collect royalties for the songs in it's catalogue and distribute them accordingly. Many music publishers also actively sell the songs in their catalogue and maintain relationships with other personnel throughout the entertainment industry who buy music. MOST IMPORTANTLY, you do not need to sign a publishing contract to copyright your music, license your music, or collect royalties for your music. Signing a publishing contract is very risky and should be done only after consulting your lawyer (if you are offered a deal and don't have a lawyer, find one). It can be quite profitable to team up with a music publisher as they can help advance your career quite heavily but it isn't necessary.
8. Copyright Royalty Board - Also known as the CRB, this is the board which decides the royalty rates for copyright statutory licenses. The board consists of three judges who are appointed by the Librarian of Congress. The board currently consists of; Suzanne M. Barnett(Chief Copyright Royalty Judge),David R. Strickler, and Jesse Feder. Each judge must be an expert in either economics (Strickler), copyright (Feder), or adjudication and trial procedure (Barnett).
Definitely good information to know. But please change the background. This is extremely hard to read.
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ReplyDeleteUnfortunately for small venues like coffeeshops, PROs want their fees for any live performance of any cover song.