FAQ

A publisher’s main function, whether it’s an individual or a corporation, is to exploit (get your songs recorded, performed, etc.) your songs and collect income from that exploitation. A publisher works with producers, directors, music supervisors, record companies, commercial production companies and trailer houses to negotiate fees for licensing your music for artists to record and for use in movies and on TV, in advertising and other outlets.

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.

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.

You can perform any song you want- but, if you record a song and then sell the recording (CDs, MP3s, etc.), you’ll need a mechanical license.

Faculty Comments:

“You are free to perform songs that are in general release without permission of the writer or publisher. If you choose to record the song and sell the music, then you would be required to obtain a mechanical license from the publisher or the publishers representative.”

- J.W. Johnson, Artist Relations Executive & Songwriter101 Faculty Member

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

Each performing rights organization has its own fees for setting up a publishing company and many impose an annual charge or collect annual dues. BMI, for example, charges a one-time fee of $150 for individually owned publishing companies and $250 for partnerships, corporations (including sole stockholder corporations) and limited liability companies.

It is usually the job of a publisher to pair your songs up with artists. This is one of the creative functions a publisher provides.

Copyright is an exclusive right granted by law that allows you to control the use of your creative works. The current copyright term is life plus 70 years after the death of the surviving writer or author of the work.

The sleeve should be the place that anyone who enjoys your music can find out information about how to contact people vital to your career. Include the name, phone number and e-mail addresses for your publishing company, record label, manager or attorney. You should always include your band’s web site and email addresses with an easy link for signing up for your mailing list. Don’t clutter the sleeve up with inside jokes and special thanks to all of your friends - busy professionals, like music supervisors and festival bookers, want easily accessible contact information.

Keep in mind that, although companies like Taxi provide a legitimate service of shopping your music to industry executives, it will cost you. A few agencies will also include evaluations, live events, news pages and other bells and whistles but it’s best to consult with your manager or attorney to determine whether or not you should sign up for such a service.