FAQ

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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.

Technically, your song is copyrighted as soon as you finish writing it but you should register it with the Copyright Office since it will provide you with protection against anyone who tries to use your song without your permission (see How Do I Copyright My Songs?). The cost to register a song (using form PA) is only $30 and is a good investment. Although attorneys don’t usually recommend it, you can also do the “poor man’s copyright,” which entails putting written songs in a sealed envelope and mailing them back to yourself from your local post office, but be aware that this method may not hold up in a court of law.

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.

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

In a word, “No.”  One performing rights organization (PRO) does not pay more than the others.  If one paid more than the others, then all writers would be affiliated with that society.  Over the life of a copyright, the payout on a song will be about the same from organization to organization.

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.

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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.

Registering your copyrights is not required but it is highly recommended since doing so will give you certain protection under copyright law in case you need to sue someone for using your song without your permission.