FAQ

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

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.

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

You should register your songs as soon as you have officially registered as a songwriter. Again, most offer online works registration or you can call your local office for the paperwork.

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.

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.

Most offer online registration. For example, you can affiliate with BMI by logging on at http://bmi.com/join You can call your local office to get the paperwork by mail, if you prefer.

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.

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.

You can set up your own publishing company by filling out an application at your local performing rights organization.