FAQ

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.

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.

There is no one simple answer to this question. It’s a competitive market so you need to do your homework and develop a solid fan base. Start by building your e-mail list. The people who sign up are your best customers for your music and merchandise. Let people know when you’re performing next in your e-mail correspondence to draw them in for your next gig. When you’ve built up a local following, you should expand to a few new towns. Check out the popular networking sites. Create a great web site and stay in touch with your audience. You might want to hire a publicist and gradually expand your touring area, in turn building your e-mail base. Also, make sure your CD sales are being tracked so you can build a story around that. You can also network at key industry events around the country like SXSW, CMJ or the DIY Convention. Build your e-mail list; build your network of people who support you; and you will evolve from there.

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.

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.

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.

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.

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.

You should sign with a manager when the opportunities a manager can create are better than the ones you can create yourself. Or if you are spending more time deal making than writing songs, you should get a manager. A good manager can drum up new business, coordinate your existing business activities, and generally advise you and propel your career forward. Managers get a percentage of your earnings, so your ideal candidate (a) believes in your career and its possibilities, (b) is aggressive in seeking out new revenue streams, (c) is looking out for your long-term best interests in any deals that are made and (d) is trustworthy.

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.