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.

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.

No, that’s part of the PRO’s function. If your songs are registered with a performing rights organization and you are receiving radio play, then the PRO will get that information automatically.

As a songwriter, you inherently own the publishing rights to your music and you retain creative control.

If you’re serious about your band, then it is worth the expense of paying an entertainment attorney to draw up a legal agreement so you can set the parameters of your partnership right from the start. Otherwise, you’re setting landmines for yourself in any future dealings between you and your band mates. If you’re all professionals, approaching the band about this shouldn’t be difficult.  The time to draw up such an agreement is as soon as profits are going to be made.

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.

Home recording is so inexpensive to do that it shouldn’t be an obstacle for anyone. A nice home studio can be set up for under $1,000. You also might be able to work something out with a local recording studio, which are often in need of business since the home recording revolution took hold.

No. This is a common misconception. PROs collect royalties for songwriters, composers and music publishers from radio, television, the Internet, restaurants and thousands of other businesses that use music. In effect, a PRO acts as a representative so writers can get on with the business of creating new music while their royalties are collected for them. There are three in the US: BMI, ASCAP and SESAC, and one in almost every country you can think of. (See “What does a publisher do?”)

Obviously, the best arrangement is for the person who writes the songs to have it clearly stated that they wrote the songs. Consult an attorney with specific knowledge about intellectual property. You need to get a clear agreement as to who owns what.

We don’t shop deals for affiliates as a general practice, but if we hear something that is extraordinary, we certainly make our friends in the A&R community aware of the artist.

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