COPYRIGHTS & WRONGS-A Guide to protecting your music....2

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IN THE WORKS....

Musicians, songwriters, and recording artists typically encounter two types of copyrightable work: the first is the particular arrangement of notes and lyrics; the second is, the song itself. This is usually referred to as a musical composition, an underlying work (when referenced in relation to a sound recording), or just a song.

A song may have multiple writers, lyricists and arrangers, and the copyright can be split among them on a percentage basis. If you are writing with a partner or you involve others in your creative process, be sure to discuss early on how or if you will divvy up the copyright. Some songwriters assign all or a portion of their copyright to a music publisher who has agreed to market the song for them.

The second type of work you need to protect is the sound recording itself. A song may be recorded by any number of people so each recorded rendition is copyrightable. Even if you write as well as record the song, you need to protect your composition and your recording with separate copyrights. And, as with a musical composition, there may be others involved in the recording process, such as producers, who are entitled to a portion of the copyright. When an artist is signed to a record label, the label often retains the copyright of the master recording.

More tomorrow....

A GOOD MUSIC EDUCATION IS PRICELESS

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To be successful, a music publisher must be thoroughly educated about the complexities of the music business. Here are three books I recomend:

All You Need To Know About the Music Business, 6th ed., by Donald S. Passman (Free Press, 2003). This is a must-read for music publishers, especially those who are also performing musicians or aspiring recording artists.

Music, Money and Success, 5th ed., by Jeffrey Brabec and Todd Brabec (Schirmer Trade Books, 2006). Reviewed in November 2007 issue of EM, this is the most comprehensive reference book for music publishers and other industry professionals I've read to date. The last chapter contains five sample contracts.

This Business of Music, 9th ed., by William Krasilovsky and Sydney Shemel (Billboard Books, 2003). Considered by some to be "old school" and short on dollars-and-sense advice, this book never-theless includes excellent chapters on copyright law.

We have 3 more segments to complete this music publishing series. Following that we will begin a series on Copyrights and Wrongs and for those of you interested in our real estate series, we will do that simultaneously.

If you have friends that are on your MySpace, FB or Twitter pages and feel that they would benefit from this series, please feel free to email them with a link to share this valuable information with them at http://composer62.blogspot.com

More tomorrow....

GETTING TO KNOW YOU

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After you have a few song demos ready to pitch, its time to develop a list of contacts who will be willing to listen to them. This is the most difficult aspect of music publishing, as literally tens of thousands of people vie for the attention of the industry's decision makers, who can't possibly communicate with them.

There's no one way to make industry contacts, but here are some strategies in brief. Enter your best songs in prominent songwriting competitions (see the online bonus material "They're Playing My Song" at emusician.com); a contest win will often give A & R managers and producers incentive to listen to an otherwise unknown writer. Try to perform at one of the songwriter showcases sponsored by your PRO; industry contacts often attend these and may approach you if they are impressed by your performance and writing skills.. Attend songwriting conferences at which A & R reps and producers are scheduled to participate. And ask any well--connected friends you might have to introduce you to their contacts. Networking is a must.

Several excellent industry directories are available that list contacts' names, job titles, addresses, and sometimes direct phone numbers (see the sidebar "The Direct Approach"). Make a separate list of the personal contacts you've already made, and update it often. Present this list by any polite means possible to those new contacts you want to make. Everyone wants to hear a writer who is already being listened to by other top dogs in the industry. Your list will grow in rolling-snowball fashion.

Unless you're already extremely connected, you'll need to subscribe to tip sheets (also known as pitch sheets) that list which artists are currently looking for songs to record for upcoming projects.

A song typically has to be a hit before it has a shot at being used in a national advertising campaign. The exception is a song that is a "work made for hire," or one written by an employee or subcontractor for a production company handling the ad campaign.

To get an unknown song placed in a TV or film project, you need to know what projects are in development or production. A list of domestic and foreign projects can be found at variety.com. Successful placement is also likely predicated on your living in or near Hollywood, where you can form the necessary relationships with TV and film studios, music supervisors and the like.

Alternatively, seek out a music publisher who already has film and TV industry connections and negotiate a revenue sharing agreement in return for them placing your songs. Just be sure to limit their entitlement to only those revenues generated from the TV and film placements they negotiate (and possibly any album). A good directory for finding film and Tv oriented publishers to collaborate with is the Music Industry's Film & Television Music Guide.

More tomorrow....

DEMO PRODUCTION

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An entire book can be written on the subject of producing demos, so I'll focus only on some of the points you're less likely to read elsewhere. First of all, don't let anyone tell you that production values don't matter and that the song's quality will be heard regardless of your demos sound and arrangement. A producer or A & R manager might listen to 100's of demo's each day. Which one do you think will grab their attention, the one that sounds like a hit record or the one that has an out-of-tune vocal sung to a lone acoustic guitar recorded with a Radio Shack mic?

Production is of paramount importance. Whenever possible, compose catchy instrumental hooks for your songs before recording them. Make the intro short--no more thN 10 seconds if possible. Keep solos to a maximum length of 8 bars or cut them out completely. The more deliberate, fast paced, and powerful your arrangement is, the more the demo will retain the listener's attention and sell the song.

Unless you're Prince, resist the temptation to play all the instruments and sing all the parts on your demo's. Having ace union musicians and singers perform on your demos can make them sound like hits. That said, doing so will also likely eliminate those demos from being considered for placement in film and TV projects. To use any of the instrumental tracks played by union musicians in a synch-to-picture (film or TV) placement, they must first be upgraded to "phono" status with the American Federation of Musicians (AFM). Phono status essentially makes the demo recordings eligible to be used in new media (film, TV, record release, and so on) as well as a "new use." The upgrade from demo to phono status requires that all musicians on the session be paid master scale, which equals roughly double the demo scale rate you already paid them, and be given pension-fund payments for the entire session. This is required even if you will use the demo recording for only one song recorded during a multi song session.

The production company must convert the demo recording to motion picture use (a new use)at considerable cost. Yet they cannot do so unless and until the demo recording is upgraded to phono status. They will typically insist that you pay for the upgrade. The production company may also ask you to make any required "additional payments" (royalties) to union musicians in connection with the song being licensed, which you should refuse to do.

All this haggling may be moot, however, as many TV placements must be negotiated from soup to nuts during your first phone conversation with the shows producer, in order to meet an imminent air date. Therefore, most producers feel there is no time to work our AFM arrangements. In most cases, they want a song whose rights are already "cleared." Similar issues arise with demo singers who belong to SAG (Screen Actors Guild). So if your main thrust as a music publisher will likely be film and TV placements, make sure your demos are either completely performed by yourself or by nonunion musicians and singers whose talents are contracted fo in a one-time buyout.

I am overwhelmed by the response to this series. We obviously listened to you, found your topic of interest and got into it. I can tell by the forwarding of these writings to others and that's awesome. Remember, it is only "applied" knowledge that gives you power to excel.

More tomorrow....

Copyright Registration

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Once your music-publishing company is set up, you'll want to protect all the songs currently in your catalog from potential copyright infringement before making any preexisting demos broadly available for other people to hear. Protecting your songs entails establishing a creation date for each with an unaffiliated third party. One way to do this is to register your songs with the Copyright office.

Registration forms can be downloaded for free (www.copyright.gov/forms). Use form PA (Performing Arts) for registering sheet music with the Copyright Office. You can use form SR (Sound Recording) to register both an audio recording of the song and the underlying composition--melody, lyrics and arrangement--at once. The recording needn't be the fully produced version of the song; it only has to clearly convey the music and lyrics in order to protect the underlying song.

When you register your new songs with the Copyright Office, make sure you list your publishing company (not yourself) as the copyright owner, noting in the appropriate section of the registration form "transfer of all rights by the author(s)" as the means by which your company procured copyright ownership from the songwriter(s). By registering your company as the copyright owner, you give it the authority to issue licenses and collect revenues for the song's use by others.

You'll also want to transfer to your publishing company any songs previously copyrighted under your name. You may record this transfer with the Copyright Office, but it's an expensive way to go. The only practical reason to record copyright transfers with the Copyright Office, however, is to protect yourself from conflicting transfers (that is, someone else claiming that the song's copyright was transferred to them and not to you). This is moot if you're the only author of the song, as nobody can register a conflicting transfer unless you gave them your contractual consent to do so.

A valid, no-cost solution for transferring a song written solely by yourself to your publishing company is to draw up a simple document--signed by you and listing the title of the song being transferred--that agrees to the transfer (see online bonus material "From Me To Me" at emusician.com). You may then freely substitute the name of your publishing company in lieu of your personal name on all copyright notices for the song, such as on CD's and lyric sheets.

More Saving Strategies tomorrow...

Publishing "ALL BY MYSELF"

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There are many reasons to self-publish your songs. Keeping 100% of the royalties and one-time fees a song earns is just one reason. You also retain greater control over how your songs may be used and what those uses will pay. And assuming that you're highly motivated, nobody will promote your songs more than you. If, on the other hand, you were signed to a large music-publishing company with dozens of writers on staff, your songs might get lost in the crowd and never get the promotion they need to get cut. Furthermore, most song-publishing contracts specify that the music publisher keeps all copyrights to songs covered in the contract--even after the term of the contract expires and regardless of whether or not the company ever secures a cut for your songs.

Still, many songwriters sign with a music publisher for good reasons. It is extremely difficult and very time-consuming to make the required industry contacts with record-label A & R (artist ans repertoire) staffers, music producers, recording artists, music supervisors, and film and TV studios--contacts that major publishers already have. Being your own publisher also means taking on the financial onus, which includes demo production and replication, potential attorneys' fees, inventory, postage, phone bills, printing and more. And while all that money is going out, you've got to find a way to have some coming in to pay foir all that overhead. A songwriter signed to staff-writer deal with a publisher typically receives a monthly stipend to keep the credit hounds at bay. Even before (or despite never) getting their first cut, the staff writer earns a loving doing what they love the most--writing songs.

An experienced music publisher might also secure revenue-generating uses of your songs that you might not have thought of on your own, includingh sheet music, karaoke, video jukeboxes and musical greeting cards. They probably already have the contacts you lack with print publishers and subpublishers. The latter collect mechanical royalties for record sales and synchronization fees for the use of songs in TV shows and films abroad. (I'll discuss licensing for various uses of songs in more detail as we move along in this series.) Many successful publishers hire influencial song-pluggers to pitch the songs in their catalog, greatly increasing the chance of getting a cut. And many a fruitful collaboration between songwriters has been facilitated by major publishers having strong networks throughout the creative community.

You might be thinking at this point, "Screw the do-it-yourself approach. Give me publishing contract." Unfortunately, it's not that easy. As a highly successful producer and friend recently explained to me, the big publishing companies are interested in signing only songwriters who already have a track record of writing hits. Yet it's "lmost impossible" (in his words to get your first song cut--even if you have high-level industry contacts listening--without an influencial publisher or song plugger pitching you song. It's a catch-22.

Despite the sobering realities of independent song plugging, I love the business side of music publishing. I find managing my own music-publishing company to be exciting and self-empowering. But as you'll learn, it's also a lot of work...and it WILL distract you from your creative process. Find what you do the best and do it. Find what you do the worse and get with someone that is good at what you are not good at, team up with them and just get it done. It takes a lifetime to gain a ton of knowledge, and even then you may not get the results. As in a band, team work is EVERYTHING. Name one thing in your life, you do, can do or have done by yourself.

More tomorrow...Baby Steps to take.

Setting Up Your Own Music Publishing Company

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Perhaps the most commom career oriented question unsigned songwriters ask me is, "How can I get my songs published?" Many of those same writers have only a vague notion of what it means to be published. If you've already sold recordings of your songs to the public, you are a published songwriter. The federal 1976 Copyright Act defines publication (the act of publishing as "the distribution of copies of phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease or lending." Phonorecords are defined as "material objects in which sounds...are fixed."

There are a lot of ways to make money from the use of one of your songs than just selling your recording of it. Other ay cut, or record, the song. It might be used in a movie, a movie trailer, a TV series, a TV special, a music video, a videogame, for consumer advertising, for a ringtone, or for a myriad of other uses. Promoting, licensing, and getting paid for such song uses is the job of a music publisher.

Many unsigned songwriters would love to hand off business oriented tasks to a music publisher so they can focus on the creative task of writing songs. Unfortunately, the moment you sign on the dotted line with a music publisher, you give away your copyrights and half the revenues the songs covered in the contract will earn. For these and other reasons, many songwriters choose to keep all the profits and self-publish their songs.

This article will explain the basics of how to set up and operate your own music-publishing company. To keep this article to a manageable length, my focus will be on publishing your own songs. Before I get to the nuts and bolts of becoming a music publisher, let's examine the benefits and drwbacks of doing so.

Over the next week, we wil discuss this topic at great length. If you have songwriter friends, this will be the place to get the information the way that it will best apply to you.

Tip sheets are an essential, subscriber based service for music publishers. Here are a few for country music, which include the label, artist, producer(s), contact person(s) and recording schedule for each project.

Pitch This Country Music Tip Sheet (www.pitchthismusic.com) is the most comprehensive listing of current projects for major-label and second-tier (prominent indie and joint venture) companies. Published monthly, this tip sheet is generated by successful, Nashville based song pluggers, and often includes difficult-to-obtain details on what specific types of material are being sought for each project listed (for example, "Soulful, real-life lyrics with range and attitude"). Check this site out, determine if it has value to your objectives and bookmark this page.

More tomorrow.