71
Which copyright form do I use?
QUESTION:
I have over 100 songs that I have written the lyrics and
created the melodies. Since, I do not write music, I am
now in the market for a collaborator as you suggested
in a previous answer to a question. Actually I have already
been approached by several musicians that can perform
this task. I sang all my songs into several tapes and
I would like to properly protect my work. I am looking
to copyright these songs however I am not sure of the
correct Copyright form to utilize. I would like to know
if you can tell me what form I should use, is it the Sound
Recordings (SR) or Performing Arts (PA) form? I tried
my best to do my homework and I read over the descriptions
I received from going to the loc.gov Web site but I am
still very confused. I do sing and I am hoping that one
day I can sing some of my own songs but I am willing to
license them out to others in the recording industry,
what should I do?
ANSWER
(by Paul Zollo):
You need the PA form. Which, as you said, is for Performing
Arts-- this covers songs. The SR is for sound recording
-- this means protecting the actual record or CD, but
NOT the song. The PA form is the only form by which a
songwriter can register a copyright for a song. Understand
though, that the copyright is yours once the song is put
into a fixed form, which means recorded onto tape or transcribed.
If you write the words and make up the melody -- even
if you don't write down that melody -- YOU are the composer.
You don't need a collaborator to write the melody -- it
is already written. You might need musicians to flesh
out your music -- to play it on demos for you. Or you
could hire a demo service to do this. But understand that
if you make up the melodies, regardless of your ability
to write them down in musical notation, you are the songwriter.
No one else should share any credit on your song UNLESS
someone writes a NEW melody, or substantially changes
your original tune.
Back
to top
72
A song of mine was cut and I wasn't informed.
QUESTION:
I had a song that was released in 1962 on Liberty Records...the
singer was Timi Yuro. In 1997 EMI Music released an album
THE BEST OF TIMI YURO on which my song appears. I wrote
to EMI Music and EDEN Music (publisher) on why I wasn't
informed of this release and how many albums were manufactured.
I never received a response from either one. What recourse
do I have. (I'm A BMI writer.)
ANSWER
(by Paul Zollo):
Contact BMI immediately and get them on the case. It's
up to them to make sure that you can collect your royalties.
Back
to top
73
A singer wants to use my song on a new CD.
QUESTION:
I've look through 4 books and can't find an answer to
this: I have songs under US copyright and registered with
ASCAP. I've heard there are legal rules and/or industry
practices about what to do when a singer wants to use
my song on a new CD or tape. I gather they require my
permission if it's the first time recorded, right? If
so, should it be in writing? Is it customary for an unpublished
songwriter to expect to be paid anything for this? Is
there any standard or generally-used format for the permission?
What about a song being used the first time at a cabaret
gig? Does that require permission? What if a demo recording
of a song is first played on the air? Can the singer later
record it as a cover?
ANSWER
(by Mary Dawson):
Your question concerns two different kinds of royalties
-- mechanical and performance royalties.
Mechanical royalties are fees paid by an artist or the
artist's record company to the publisher of a song at
the time the recordings are manufactured. The current
rate is .071 cents per song per manufactured unit. In
other words, if you have one song on an artist's recording,
and 1000 CD's and/or cassettes are manufactured, you would
collect $71 in mechanical royalties for that song.
If you are an independent songwriter and do not have a
publishing company handling your catalog, you are still
entitled to mechanical royalties when someone records
your song. You as the writer are also the de facto publisher.
The "mechanical license" is a document which the artist
or record company must request from you at the time of
manufacturing. You can find standard mechanical license
agreements in books such as "This Business of Music" or
other reference books on the music business. You may eventually
want to consider forming your own publishing company to
handle your own songs. If you have many songs in circulation
and being recorded, you may want to hire a "copyright
administrator" who can issue mechanical licenses for your
songs and keep track of your royalty payments. The copyright
administrator will deduct a percentage of the royalty
revenues for their services. There are many such services
available. Do some research and select one that you feel
comfortable with.
Concerning the cabaret gig....this is where "performance
royalties" are earned. The artist does not have to pay
to perform the song live, but the night club should be
licensed by ASCAP, BMI and SESAC which are "performing
rights organizations." The clubs pay for the licensing
and then the performing rights organizations pay the writers
and/or publishers for the performances of the song. Any
time a song is played on the air -- whether it is a demo
or a full-blown production -- the royalties paid are "performance
royalties."
Performances do not qualify as a "release" of the song.
The writer or publisher has some control as to who will
be the first to record the song because permission is
required before the first mechanical license is issued.
After the first recording, however, subsequent artists
who wish to "cover" the song can simply request a "compulsory
license" from the publisher or copyright administrator.
A "compulsory license" is basically the same as a mechanical
license, but the artist does not need to obtain permission
from the writer or publisher to use the song -- only pay
the royalty rate.
A very good book on these subject is John Braheny's book,
The Craft and Business of Songwriting from Writers Digest
Books.
Back
to top
74
Can I file a copyright without music?
QUESTION:
I am a songwriter with unpublished lyrics with no music
to them yet...should or do I have to file a copyright
with the music...can't I file them without music...or
is that just lyrics/poetry? Also, if someone suggest to
me to file the lyrics with the music (music someone else
has written and myself written the lyrics) should I do
that? Thanks.
ANSWER
(by Mary Dawson):
The definition of a song is "words and music in a fixated
form." In other words, lyrics without music are basically
poems and music without lyrics are instrumentals. You
may want to copyright your lyrics to protect them if you
are sending them out to a wide variety of musicians for
collaboration purposes, but you would copyright them as
poems -- not songs. If you find a collaborator who writes
music for your lyrics -- you then have a song and you
can copyright it as such -- indicating the author of the
lyrics and the author of the music. You will need a PA
form from the copyright office for this. When you file
the copyright application, you will need to demonstrate
the existence of the song in a "fixated" form -- either
with written music and words or with a demo tape, which
will be filed along with your application.
Back
to top
75
Can you have more than one publisher?
QUESTION:
Can you have more than one publisher? Say for instance
you've already signed with one but he's not doing much
for you and you find one that you think will push your
songs a little bit more. What do you do?
ANSWER
(by Mary Dawson):
If you have signed a songwriters agreement with a publisher,
you are obligated to stay with that publisher for the
term of the contract. That is why it is advisable to have
a "reversion clause" in every songwriters agreement. The
reversion clause will stipulate that if the publisher
does not get the song cut within a certain number of years
(usually 2-3), the copyright of the song will then revert
back to you, the writer. When it reverts to you, you are
then free to find another publisher. Many songwriting
agreements do not have a reversion clause, however, and
in that case you are obligated to the publisher you have
the contract with for the long haul -- unless you can
persuade them to let you out of the agreement ( which
is not easy).
Back
to top
76
A song of mine was cut and I wasn't informed.
QUESTION:
I've written hundreds of songs and have been told by publishers,
A&R depts. and the NSAI that I have a lot of talent. After
12 years you get frustrated trying to write that special
song. In the mean time I have been very successful in
my other career and make very good money. I have thought
of quitting song writing because of the amount of time
I have to devote to both. Something inside of me or it's
like what I was put on this earth to do, won't let me.
I love writing very much but when is it time to quit???
ANSWER
(by Mary Dawson):
If you are an "obsessive-compulsive" songwriter like I
am (and it sounds like you are), you CAN'T quit even if
you try. The thing that keeps me going is knowing that
"the journey is the end." With each new song.....and each
new audience....another chapter of my life unfolds, my
songcrafting gets better, my love of music burns brighter
and I learn more life lessons which "feed the Muse" and
inspire the next song. One experience leads to another
and all along the way people are blessed and touched by
your songs. In fact, sometimes we have more of a significant
impact on people "on the way up" the ladder than we do
after we have actually "made it" (whatever that means.)
Never, never, never quit!!! I heard a true story about
a woman who was attempting to be the first female swimmer
to swim from the coast of California to Catalina Island.
She started out on a cold, foggy morning and swam for
hours. She still couldn't see land and the sea was rough.
She got cold and discouraged. Finally, she decided she
couldn't go on and told the people in the boat beside
her that she was going to quit. No sooner had she gotten
in the boat than the fog began to break and she realized
she was less than 100 yards from the coast of Catalina.
Enough said!
Back
to top
77
If I "write for hire", do I retain ownership?
QUESTION:
I saw a book in a bookstore about the many home businesses
you can start. I would like to know if it is true that
you can write songs for people and charge them a fee?
If so, do you keep the copyright to your song?
ANSWER
(by Mary Dawson):
There are all kinds of ways to make money as a songwriter.
You just have to find a market where people are willing
to pay for your services. There are companies that do
write songs for people's anniversaries, retirement parties
etc. I'm not sure how much they make. I guess it depends
on how good the writer is, how good the songs are and
what the people are willing to pay. Be creative....find
a niche where you can shine and where your gifts are in
demand. Give it a try...you may be a pioneer for a whole
new career! Concerning the copyrights, you would have
to decide how you want your business to be conducted.
You can write under a "work for hire" concept where people
pay you a flat fee and then they "own" the song completely
-- copyright and all. The only money you as the writer
would see is from the fee they paid. And if those fees
are adequate and the songs are very personally crafted
for the client, you may not need to keep any portion of
the copyright. However, if the songs you are writing are
good enough and broad-based enough to have a wider appeal,
you may want to develop a policy where you retain rights
to the copyright and the client simply uses your song
for their special occasion. You can design whatever business
arrangement suits you and the clients.
Back
to top
78
Follow one "theme" with all songs or vary them?
QUESTION:
I've been in a band for two years and in order to make
our music unique I try to listen to a lot of different
types of music, ranging from Simon and Garfunkel to mother
earth. My question is, is it important to have a consistent
theme as songwriters or is it a good idea to have songs
and lyrics that vary with each song.
ANSWER
(by Mary Dawson):
I think it is great to listen to all styles and genres
of music. In fact, I highly recommend on my radio show
that songwriters have every button on their car radio
set on a different style of music -- even styles they
don't normally listen to or even necessarily like. Teach
yourself to listen critically -- in other words listen
and analyze what you are hearing. Even if you don't particularly
care for a certain song....there is probably SOMETHING
you can learn from it if it is selling thousands of copies.
Basically, our brains are a composite of all that we have
taken in through the years in music. The more we have
in our data base, the more we will have to draw on when
we compose our own songs. The kiss of death for any songwriter
is when all his/her stuff starts sounding the same. Of
course, as an artist you do have a certain signature sound
or style, but I really feel that as long as you plan to
write songs, you should be stretching yourself past your
present "comfort zone" and learning and applying new ideas.
Back
to top
79
What is the copyright rule regarding satires & parodies?
QUESTION:
What is the copyright rule regarding satires & parodies?
I understand that is not necessary to get permission or
share royalties with the original composer/lyrics/publisher.
Is this true.
If one is planning on publishing a satire of a very well
known song (why do an obscure song?), can we expect a
court battle just because the original creators/artists
want to make a statement?
ANSWER
(by Mary Dawson):
To avoid a court battle, it is wise to get permission
from the original publisher of the song before you do
your parody. The more well-known the original artist and
song are, the more restrictions and regulations will be
required to get permission to parody the song. For example,
if a parody is done for a commercial or advertisement
(such as "Ford Country" which was a parody of the Country
hit "Gone Country"), big money is involved -- simply because
of the success of the original song and its use in a national
ad for a major company like Ford. I believe that in such
cases, the original lyricist gets paid on the performances
of the parody --even if the new lyrics are used in the
ad. There is a proverb that says: "The prudent person
foresees the evil and hides himself. The simple pass on
and are punished." In other words, its better to take
precautions on the front end -- before you end up in a
lawsuit -- than to recklessly proceed and then find out
you are in a major litigation with a powerful artist or
publisher.
Back
to top
80
I sell my songs, what do I charge?
QUESTION:
I have started an Internet business where I sell my song
lyrics. I already know that I should NEVER sell my copyright,
and I don't. What I'm concerned about is, how much do
I charge per lyric sheet? (Considering that it cost me
$20 to copyright one song).
ANSWER
(by Mary Dawson):
To answer your question, I would need more information.
Who are you selling your lyrics to and for what purpose?
Are you "selling" them to musicians who are looking for
lyrics for songs? Are you selling them as poems for your
customer's individual needs -- such as birthdays, anniversaries,
retirements etc.? I have never heard of selling lyrics,
but that doesn't mean it isn't a great idea. I just need
more information.
Go
to Page 9 or back to the top.
Want to ask a question of your own? Send
it in.
