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Nolo's Legal Tips for Songwriters
Provided by Nolo.com - June 2003
Back to The
Academy
You may have written a song with huge potential -- a fabulous melody, great lyrics and memorable hooks. But that,
by itself, is not enough to fill your mailbox with royalty checks. You or another person must aggressively market
the song. Traditional routes may work for you -- namely plugging the song to an artist or making a hit of it yourself.
Or, you may have to rely on guerilla marketing, timing, coincidence and luck. Here are ten legal-ish tips that
may help.
Figure out songwriting credits, now!
If you're working with another songwriter or writing songs in a band, keep clear about who wrote what. Don't wait
until there's a deal to figure this out -- or you'll be trying to sort out credits and payments with band members
whose memories are hazy or who may have long since quit the group. Talk openly with your collaborators about how
to split any potential revenues. Write down your agreement -- it doesn't need to be in a formal document. Better
yet, start off with a band partnership agreement, especially if your band is earning money. For more on creating
a band partnership and agreements on disk, see Music Law: How to Run Your Band's Business (Nolo).
Credit the songwriter.
Once you've established who wrote your song, make that information public. When preparing music for downloads,
make use of the text tags that allow you to encode the names of the songwriters. You can also encode related copyright
information, such as how to contact you or your music publisher. As songs get bounced around cyberspace, you may
find that this is the most reliable means for someone interested in your song to find you.
Copyright: You can give it up!
"Don't give up your copyright" is the cry often heard from musicians and songwriters. Yes, the music
business is rife with tales of woe, about songwriters like Richard Berry who gave up his "Louie, Louie"
copyright for $750 (Berry eventually won a $2 million court judgment over the song). But the reality is that just
about every songwriter who signs with a major music publisher gives up the copyright. In return, the songwriter
receives a hefty
portion of the royalties over the life of the copyright. So, don't be afraid to sign off on a copyright if you're
dealing with a reputable music publisher and if a seasoned music business attorney has examined the deal.
Co-write with a dead songwriter.
Having trouble writing a catchy tune? Consider the approach of Vera Matson, who took a civil war song, Aura Lee,
and added her own lyrics. The result was Love Me Tender, a monster hit for Elvis Presley and many other artists.
Music that isn't protected by copyright is said to be in the "public domain" -- that is, free for anyone
to copy. All songs published before 1923 are in the public domain. Of course, anyone else can use tunes like Aura
Lee as well, but nobody will be able to copy the unique elements that you add. For more information, consult The
Public Domain (Nolo).
Let the government pay for part of your songwriting.
If you treat your songwriting as a business (not a hobby) and you regularly use part of your home exclusively to
compose and record songs, you can probably claim a home office tax deduction. How much you can claim depends on
how much (what percentage) of your home you devote to songwriting. For example, if you use 20 percent of your home,
you can allot 20 percent of your home office expenses to the deduction. The main expenses that qualify are your
rent or your depreciation, mortgage interest and property taxes. (Note: If you plan on moving, it's best not to
use a home office for least two years before the date of sale.)
Tell BMI and ASCAP where you live.
BMI and ASCAP - known as performance rights organizations - monitor radio and television stations, nightclubs,
websites and other entities that play music. They then collect royalties from these places and pay these to the
music publishers and songwriters. Their payments are often the most reliable, consistent source of income from
songs. So, make sure you register with one of these organizations and that your address and other information is
current. For more information, check www.bmi.com and
www.ascap.com.
Sometimes the rhythm section deserves credit, too.
The songwriting copyright is commonly given to those who jointly contributed to the song's melody, chord progressions
and lyrics -- often the guitarist and vocalist. But there are exceptions. In rock, pop and dance music in particular,
a bass or drum part can be so integral to the song that it becomes as important as the melody. Remember, for example,
the bass riffs on "Come Together" or the drum solo on "Wipeout"? Band members may agree among
themselves that the contributor of the riff will be included as a songwriter. Or, you can throw out these rules
and decide amongst yourselves to share equally (or by some other formula) in all band-written tunes.
Think outside the CD.
It used to be that songwriters got paid only through radio play and record sales. But technological advances have
changed how songs earn money. Did you know, for example, that the source for most music listening hours is neither
CDs nor radio-it's video games, a market for music writers that didn't exist 20 years ago? In addition, advertising
agencies, motion picture and TV companies and Internet websites have all opened up new licensing opportunities.
For example, MTV discovered one songwriter at MP3.com and licensed his music for background in its Real World television
series, resulting in a nice income stream for the artist.
Gather ye revenues while ye may.
If you create your own music publishing company, you'll get 100 percent of any songwriting revenues. If you sell
your song to an existing music publisher, you'll probably earn 60-75 percent of the revenues. On that basis, many
songwriters turn down potential publishing deals, thinking they'd rather hold out for the whole enchilada. But,
as songwriter Billy Preston wrote, "Nothing from nothing is nothing." An established publisher may be
best positioned to place your songs in movies or advertisements, or to otherwise promote it, so that you come out
financially well ahead.
Don't fret, copyright is automatic.
Musicians often believe that you can't have a copyright without obtaining a copyright registration. However, in
most countries, including the United States and Canada, such registration is not necessary. All that is required
to copyright your song is that it be "original" and "fixed." Original means that you wrote
the song, rather than copying it. Fixed means that the song exists in some tangible form like sheet music, a tape
recording or on a computer disk. Though not required, copyright registration can be helpful when it comes to recovering
the maximum possible money from an infringer. For more information, check out the U.S. Copyright Office website.
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For over 30 years, Nolo has published the most reliable self-help legal materials available. We take our motto
"Law for All" seriously, and have created more than 200 top quality, plain-English books, software and
eProducts, which are regularly updated. Our products are designed to help readers understand and tackle legal affairs
without an attorney -- but if they should call a lawyer, we'll be the first to tell them. Find out more about
Nolo and its award-winning products at Nolo.com.
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NOTICE TO MUSIC ACADEMY WEBSITE VISITORS: The above information is offered
for general informational purposes only, and not for the purpose of providing legal advice. You are cautioned to
seek the advice of your own attorney concerning the applicability of the general principles discussed above to
your own particular activities. |
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