FAQ

Yes, a new version of an old song, also called a derivative work, should be copyrighted, noting the ways it’s been altered from the previous version.

Technically, your song is copyrighted as soon as you finish writing it. However, you’re going to want to register that copyright to protect yourself in case someone tries to use your song without your permission. You can download copyright registration forms from the Copyright Office at http://www.copyright.gov/forms, or you can call the Forms Hotline at 202-707-9100, or write to the Copyright Office, Library of Congress, 101 Independence Avenue, S.E., Washington, DC 20559-6000. The cost to file Form PA is $30.

Mechanical royalties are per-unit payments collected by record companies for the manufacture and distribution of songs on CDs and tapes, usually based on the current statutory rate as fixed by the Copyright Act. In 2004, the rate is 8.5 cents per song or 1.65 cents per minute, whichever is greater.

A cue sheet is a listing of the music used in a TV show or movie by title, composer, publisher, timing and type of usage (e.g., background, feature, theme) usually prepared by the producer of the program or film. Again, if your songs are registered, then the information will come automatically.

When it comes to demos, the simpler the better. Nothing ruins a great song like a bad presentation so keep it to three songs maximum with guitar and vocals, or piano and vocals only. Always leave room for the imagination of the listener. See Don’t Demo to Death! article.

You must contact the song’s publisher or publishers to get permission to sample a song. Publisher information can usually be found in the Performing Rights Organization websites.  You’ll likely have to search within the PRO with which the song is registered.

Hopefully you are signed up with a performing rights organization like BMI (see Is a Performing Rights Organization the Same Thing as a Publisher?. PROs collect money from radio stations (and other businesses that use music) and distribute them as royalties to songwriters. You can only get paid from radio play if you are affiliated with a PRO.

First and foremost you should consult an entertainment attorney before signing any contract, as there is no such thing as an “industry standard” contract.

You can set up your own publishing company by filling out an application at your local performing rights organization.

Be smart, do your homework! Take advantage of the resources that are available to you, such as organizations like TAXI or Circle of Songs. There are great classes and seminars offered by organizations like BMI that can further help you develop your songwriting skills. In addition there are several trade magazines, such as Performing Songwriter, that offer valuable information for the beginning songwriter.