FAQ

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.

UPC codes are used to track inventory as well as to track distribution and retail sales; SoundScan is unable to track your sales without a UPC Code. You can get a UPC Code from several sources:

1) You can register directly with the Uniform Code Council. To find out more about UCC membership, visit their website at http://www.uc-council.org

2) Ask your record label or CD manufacturer

3) Companies like CD Baby and DiscMakers offer UPC barcodes for a lower fee or for free. To find out more about this service, visit their website at http://www.cdbaby.net

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.

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.

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.

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.

Be smart, do your homework! Take advantage of the resources that are available to you, such as organizations like TAXI or Circle of Songs. There are great classes and seminars offered by organizations like BMI that can further help you develop your songwriting skills. In addition there are several trade magazines, such as Performing Songwriter, that offer valuable information for the beginning songwriter.

The Musician’s Atlas and the Music Registry are just two examples, but there are lots of directories on the market. Google can help you find them and most are available via Amazon.com.

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.

No. This is a common misconception. PROs collect royalties for songwriters, composers and music publishers from radio, television, the Internet, restaurants and thousands of other businesses that use music. In effect, a PRO acts as a representative so writers can get on with the business of creating new music while their royalties are collected for them. There are three in the US: BMI, ASCAP and SESAC, and one in almost every country you can think of. (See “What does a publisher do?”)