FAQ

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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.

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.

Again, your song is copyrighted as soon as you finish writing it but it’s a good idea to register that copyright with the government (see “How do I copyright my songs?). Registering a song with a PRO will allow you to receive performance royalties if that song gets radio play; it does not give you protection under copyright 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.

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.

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

There’s no one perfect answer, but you have to get the attention of the person who’s booking the festival/tour. Show them that you’re drawing big crowds at your gigs and that you’re getting a lot of radio/retail/press attention…you get the picture. State your case in terms that translate to people showing up to see the show.

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.

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