Members Volitan Posted March 10, 2008 Members Share Posted March 10, 2008 I recently read a couple articles regarding royalties and contracts and all that stuff, but I still have some questions about it.... 1. Can a band as a whole, be the holder of the song copyright?2. Can a band as a whole, register a song under one name (like with a psudonym)?3. How would I credit myself as a lyricist and my band (and myself) as music writers and how would the $$ be split?4. Should I copyright my lyrics, or wait until I record them into an actual song?5. How much do publishers take? Is it totally necessary to transfer copyright to a separate publisher?6. How do I ensure that my masters are mine, and don't EVER belong to the record company?7. Is there anyway to sign a deal with a major to just distribute my album, on my own indy label?8. How can I get rid of exclusivity, merchandising, publicity, creative control rights, or at least get them to work in my favor?? Link to comment Share on other sites More sharing options...
Members BlueStrat Posted March 10, 2008 Members Share Posted March 10, 2008 1. Can a band as a whole, be the holder of the song copyright? I wouldn't do it that way. Better to list each member as writers. In the event that members change, the copyright goes with the member, not some undefined entity. 2. Can a band as a whole, register a song under one name (like with a pseudonym)? You might be able to create a name and register it as a "DBA", and then use it. You really ought to contact an entertainment lawyer on this point. 3. How would I credit myself as a lyricist and my band (and myself) as music writers and how would the $$ be split? You can do it any way that you agree on. Get it in writing and notarized. 4. Should I copyright my lyrics, or wait until I record them into an actual song? Either way would work. A work is by law copyrighted the minute it is in tangible form; ie, when lyrics are written, they are already copyrighted material. You can register them separately or in a song. 5. How much do publishers take? Is it totally necessary to transfer copyright to a separate publisher? Publishers take varying amounts. Generally, they only work for a percentage of what they sell, and if you're a known quantity with a track record, you might get 50 to 60% of what they sell. Generally, though, they are going to take 50-75%. I would encourage you to set up your own publishing company through ASCAP or BMI. If you are the sole owner, it isn't much more difficult than declaring yourself the publisher. Royalties get paid 100/100, meaning the writer gets 100% of writer's royalties, and the publisher gets another 100% share of royalties to be shared with the writer according to their deal. In my case, I get 200%, since I'm the writer and the publisher. I still have the option of taking any of my songs and relinquishing publishing rights to another publisher if they can get my stuff in front of people who can make me money. 6. How do I ensure that my masters are mine, and don't EVER belong to the record company? Pay for the recording yourself, or, if you sign with a label, stipulate in the contract that once the monies owed the record company are repaid, they remand the masters to you. You likely will never get a record company to surrender the masters to you as long as you owe them money, and they would be stupid to do so. 7. Is there anyway to sign a deal with a major to just distribute my album, on my own indy label? Certainly. Some labels would rather do it that way, because they don't have the pressure of recouping an investment. I made a self-produced CD a few years ago and got physical distribution from Burnside Records in Portland, OR. Keep in mind, though, that some of the questions distributors are going to ask is how large of an area are you playing, and how often? If you're playing a 200 mile radius all the time, or doing one national tour of small town bars a year, they won't be impressed. In order to distribute your CDs, they have to convince retailers that your CD is worth giving up shelf space for. Which means that you have to show that you're selling in quantity in your area. 8. How can I get rid of exclusivity, merchandising, publicity, creative control rights, or at least get them to work in my favor?? In plain talk, you can't unless you either (1) make a name for yourself and show that you can make them a ton of dough doing it your way, or (2) sign with a label who won't ask for any of those things but won't be able to do much for you, either. The rule of thumb with labels is this: The more they can do for you, the more it's going to cost you, and the more you owe them, the less control you're going to have. My thoughts are this, though: a small percentage of a lot is better than 100% of little to nothing. Link to comment Share on other sites More sharing options...
Members DanielQ Posted March 10, 2008 Members Share Posted March 10, 2008 Good post Bluestrat. Very informative. Link to comment Share on other sites More sharing options...
Members BlueStrat Posted March 10, 2008 Members Share Posted March 10, 2008 Good post Bluestrat. Very informative. Thanks! I'm sure gtrbass and Scafeets could add a lot. Link to comment Share on other sites More sharing options...
Members Volitan Posted March 12, 2008 Author Members Share Posted March 12, 2008 bump. Any other tips./ Link to comment Share on other sites More sharing options...
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