Members flatfinger Posted February 3, 2008 Members Share Posted February 3, 2008 I have a question about getting my songs played. I have a friend who is starting a CD project and has asked me to provide some songs . I'm curious what happens if he uses one of my copywritten songs . Now I Know that the best advise would be to have a entertainment lawyer make a contract (:pand make sure said friend knows I don't trust him !!), but I don't have one on retainer , and don't expect that My wifes going to ok any outlay for those proffessional services when the chances are that it's just going to be a song or two on a CD that mostly gets passed on around a small circle of friends . How can anybody who has no income from music justify $200 an hour for a deal that probably won't make you $10?? My friend has a wife and three daughters and works full time so a world tour is not pending . His band only gigs once or twice a a month. If lightning were to strike , in the absence of any written contract mean that the statutory (per song mechanical royalty) rate would apply?? If they suddenly were to be signed , would'nt the label have to work out a songwriter/publisher agreement with me ?? In addition , he also has a garagband.com page and will put them up there ( at the moment it's tumbleweed city there) and so of course, anyone who wants them gets them for free anyways . Am I being paranoid pedantic to even worry about it?? Should I adopt the "anything that gets it out there attitude??? Thanks for sharing your views and/or expert opinions! ( sharks are yer friends when you need one!!) Link to comment Share on other sites More sharing options...
Members slight-return Posted February 3, 2008 Members Share Posted February 3, 2008 It's actually "copyrighted" not "copywritten" - not a grammar police thing, I just bring it up b/c the term sort of explains the concept "right of copy" I think the first thing you want to do is ask yourself "What am I trying to do with the contract?" What are you trying to protect? what are you trying to keep from happening Just sit down and list the points you are trying to cover As far as legal help - you could always look into pro bono counsel or reduced rate advice. Many Many firms have a pro bono hours requirement as a public service and a lot of attys enjoy this side and would like to do more (on the down side, there's a lot of worthy work out there and they can max out quickly too)Actually, your friend might being he's putting together a project Check with your local bar assoc to see if there are options - a lot of people don't even look into it until its litigation time Barring (pun intended) that, you could alwys just draft the agreement between you two - now it's not going to be as well structured and may have some ambiguity...which is where the trouble can get started. But it does serve as an outline for the deal and shows the intent,character - the basic parameters of the deal should litigation be needed I mean I suppose you could write one up wherein if the sales exceed $x or there is opportunity to license then you will sit down for arbitration (maybe even bining) to figure out how it goes from there Link to comment Share on other sites More sharing options...
Members kenjkelly Posted February 9, 2008 Members Share Posted February 9, 2008 For anyone making CDs (mechanical licensing): After a song is released, any band, like your friend's band, can record that song (even a modified version) by merely notifying you and paying you the standard mechanical rate. No contract would be needed. For example you could make a CD of your performance of a Beatles song just by paying Mechanicals. There is an agency that handles mechanicals for small volume productions, called HarryFOX, so you wouldn't have to personnally find the Beatles' publisher (but that probably wouldn't apply to this situation). www.harryfox.com Since, for example my song are not published, if someone came by to use one, I would just hold them to that deal - mechanicals if they are making CDs; prepay by the number of CDs you make (order 1000 from DiskDupe,pay for 1000) or pay monthly by sales (painful). See the copyright office section "If the Name and Address of the Copyright Owner Are Known": http://www.copyright.gov/circs/circ73.html#when --- The issue I find more complicated is: What do you do if a band wants to sell downloads (too)? There are licensing guidelines but I'm not sure how they apply to this situation. What if they want to give away free downloads/plays (like on MySpace)? BMI has guidlines for the WEBSITEs that allow downloads, but how do I get paid? If CD baby starts selling downloads, does BMI automatically send me a check? http://www.bmi.com/newmedia/entry/C1168/pdf535475_1/ So some items for an agreement would be: Whether they can distribute your song for free on Myspace etc. Figuring out how you get paid for downloads and whether BMI/ASCAP is involved, or if you have to personally get a percentage of each album or single sales directly from the band.... Agreeing to a method/timing to pay the mechanicals (prepay or pay as they sell). Does anyone have experience or information about Bands selling copies of your songs via download? Link to comment Share on other sites More sharing options...
Members BlueStrat Posted February 9, 2008 Members Share Posted February 9, 2008 After a song is released, any band, like your friend's band, can record that song (even a modified version) by merely notifying you and paying you the standard mechanical rate. No contract would be needed. Correct, but I assume the OPs songs aren't released, and therefore aren't subject to compulsory license. I would ask your friend for the standard 9.1 cents per song used per CD printed and be done with it. That's what he'll pay for other covers. Link to comment Share on other sites More sharing options...
Members kenjkelly Posted February 9, 2008 Members Share Posted February 9, 2008 From Bluestrat: "I would ask your friend for the standard 9.1 cents per song used per CD printed and be done with it. That's what he'll pay for other covers." I agree for CD's. Do you mean the 9.1 Cents to cover per track downloads as well? Link to comment Share on other sites More sharing options...
Members BlueStrat Posted February 9, 2008 Members Share Posted February 9, 2008 From Bluestrat: "I would ask your friend for the standard 9.1 cents per song used per CD printed and be done with it. That's what he'll pay for other covers."I agree for CD's. Do you mean the 9.1 Cents to cover per track downloads as well? Yes, although that amount could be negotiable. I believe that 9.1 cents is the going rate for DL, as well, though I might be wrong about that. Link to comment Share on other sites More sharing options...
Members kenjkelly Posted February 10, 2008 Members Share Posted February 10, 2008 Yes, simpler is better (or easier) and 9.1cents per track purchased seams reasonable. -----This might seem offtopic, but if the band will post your song on music sites it would be good to understand what the Website is doing. Enter BMI about free play of music: http://www.bmi.com/newmedia/entry/C1168/pdf535475_1/ Most of the artists on my site are unsigned, or on small independent labels. Why do I need a BMI license?Even though there may be many artists represented on your site that are not known to the general public, they may be performing music in the BMI catalogue. There may also be artists that are represented on your site who are BMI affiliated songwriters. Unsigned artists and artists signed to independent labels who write their own songs benefit greatly from the income generated from performance royalties. If your business is deriving revenue from the performance of music, then the songwriters and music publishers should be compensated for their creative contribution to your business. ---So does this mean if someone plays a free song from CdBaby and you are a BMI member with that song cataloged at BMI you will get paid? Anybody with first hand experience of getting paid for a band selling their songs on web download? And has anyone received royalties for free web plays from BMI (or ASCAP)? Link to comment Share on other sites More sharing options...
Members kenjkelly Posted February 10, 2008 Members Share Posted February 10, 2008 A follow up question because I don't have pages on these: Do CdBaby and MySpace have you agree to a free license to the tracks you post to allow the free play of those tracks on your pages? How do they deal with the fact that you could be posting remakes of other's songs, which could require ASCAP/BMI royalties? Link to comment Share on other sites More sharing options...
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