FAQ

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.

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.

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.

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.

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.

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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.

A cue sheet is a listing of the music used in a TV show or movie by title, composer, publisher, timing and type of usage (e.g., background, feature, theme) usually prepared by the producer of the program or film. Again, if your songs are registered, then the information will come automatically.

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.

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.