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Joined: Jan 2001
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OP
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I'm by no means an expert, but over time, I've been adding to the following steps which may be helpful toward bringing your 'baby' to market. Although such tips may exist in some book, this is my own compilation. If someone feels there is an error, or can add anything, please feel free. Hope it helps. Tom ---------------------- 1. Song is written and demo recording is arranged by writer(s). Be sure to get a proper 'work for hire' release agreement with the demo studio. 2. When demo is complete (or if one of the writers is a composer who produces a simple demo on their own), writer(s) prepare and submit U.S. Copyright Office 'Form SR' (with audio recording) and $30 U.S. fee to Library of Congress to legally protect the song. If multiple writers, only one has to sign the form on behalf of qall writers. http://lcweb.loc.gov/copyright/forms/ 3. Writer(s) seek publisher. The annual 'Songwriter’s Market' is a very good source. Although many e-mail addresses are provided, I recommend not e-mailing mp3, RA files, or even links to song files, to publishers. I tried it, and although I did receive replies via e-mail to submit song(s), for some reason (maybe inundation) they want to put songwriters though the traditional (snail mail) process. So, follow their instructions. If successful... 4. Publisher prepares contract for consideration of writer(s) (possible negotiation of terms depending on publisher past success and standing in the 'food chain'). If at all possible, have the publisher use the 'Popular Songwriters Contract' as provided free-of-charge by the Songwriters Guild of America http://www.songwriters.org/. This contract is seen to be a fair and balanced document that helps protect the writer. If forced to use a publisher's contract, reference the Guild's as a benchmark to compare. And you can always use the Guild's services to evaluate the contract you've been presented with. 5. Publisher Contract signed (includes signing-over 'registered' copyright to publisher for XX years, with reversion clause). 6. Publisher demos (or re-demos based on quality of initial recording). 7. Publisher registers copyright with Library of Congress under publisher name. Publisher submits the same U.S. Copyright Office 'Form SR' (with audio recording) and $30 U.S. fee to Library of Congress, but this time completes Section 4 which allows the publisher to reference an official, agreed-upon publisher contract, where writer(s) have assigned the copyright to the publisher. 8. Publisher prepares and submits Performing Rights Organization (e.g. BMI http://www.bmi.com/; ASCAP http://www.ascap.com/ace/ACE.html) song registration form. If previously unpublished, writer(s) should join same PRO as publisher. Most publishers are members of both, but must use separate companies to do so. Writer(s) can register the song as independent writer(s) (if PRO-affiliated) without a publisher -- but it is not recommended. In time, if desired, a writer can also achieve (self) publisher status. 9. Publisher (hopefully) actively promotes song to recording artists, recording labels, producers, etc. for period of time as stipulated in the contract. If successful... 10. Deal is signed with artist/label, song is recorded, distributed, performed. 11. Royalties collected by PRO and distributed to publisher. 12. Publisher distributes writers share of royalties to writer(s). If not successful, after copyright 'reversion clause' expires... 13. Copyright officially returns to the writer(s) 14. Writer(s) return to step 3, or put the song on-the-shelf.
Laziness breeds fatique - Passion breeds action
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Joined: Dec 2000
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Thank you, Tom! Gosh, I sure hope someday I will need some tips past #3. I'm going to print this up and keep it on hand in my "dream" file. I did notice you used form SR. I see nothing wrong with that. However, when I first had a demo to copyright (as opposed to lyrics only), I called the copyright office and was told to use form PA. So....I'm not sure if I am doing it wrong, if I was told wrong, or if either one will suffice. However, I did get the name of the woman I talked to and the copyright was registered. Thanks for all the good tips!
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Joined: Jan 2001
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Tom, Thanks so much for this list.... Pam
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Joined: Jan 2001
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OP
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Sunny, to my understanding 'SR' stands for 'Sound Recording' and is the proper form if including a CD/Tape. I've used this form with a CD in the past, and I've received the formal copyright. So, I at least know 'SR' worked for me. The process can take up to 6 months, maybe more. One shouldn't wait to proceed with the other steps though, IMO. The fact that it's in the mail should be good enough. If one can afford it, it's perhaps best to send the submission via 'registered' (or some such) postal service, so that there's a paper trail and you can verify when it was actually delivered.
Best...
Tom
Laziness breeds fatique - Passion breeds action
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Joined: Apr 2001
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Tom, thanks a bunch for all this information. It really helps us who are just learning.
I have a question for ya, if ya don't mind.
I know the Copyright laws inside out, so I would just like your OPINION on whether or not to actually register the copyright of a lyric. How often is it that someone would actually have to sue for copyright infringement on a lyric that hasn't been published? I guess what I'm trying to say is - it seems to me that spending the money for a registration of the copyright is not necessary (since the song is copyrighted when it is written and "published", as long as the copyright notice is on it) unless you already have someone interested in recording it. I would think that paying to register all written work is a waste of money. Is there anything wrong with waiting to register? Or, does the lyric have to be registered with the copyright office before a publisher will accept it?
Your thoughts, if ya don't mind. Thanks Bluelitenin
------------------ "Music is the Sound that I hear in my Mind"
"Music is the Sound that I hear in my Mind"
NEW WEBSITE - http:/home.mindspring.com/~ceriousart
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Joined: Jan 2001
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Hi b.
Like I said, I'm no expert in any of this, 'tho I have successfully gone down the path of patents and trademarks. To my mind though, I know it happens that lyrics are ripped-off, where the lyricist has found out somehow that their lyric has appeared to be penned under another name, and possibly even been set to music. So, the fact that it DOES happen, should warrant the ultimate protection. Practically and realistically speaking though, I think it first depends on how strong you believe the lyric to be and if you can afford it. Out of all the lyrics/music I've been involved with, I've only proceeded with the formal LOC process on a handful, 'cause I've felt so strongly about 'em. As for my others, it's a risk, and someone may feel that a lyric of mine is real good, even when i didn't, and then ripped it off -- even to the point of filing the copyright under their name. I believe 'first to file' is the rule, so it would be very difficult (and expensive) to fight even if one's paper work was in order. One can always submit a compilation of lyrics under the one $30 fee. Later, if the lyric is matched up with music and a publisher picks it up, then the publisher will copyright it (even if you already had done so as writer).
"How often is it that someone would actually have to sue for copyright infringement on a lyric that hasn't been published?" Not often, I guess. I s'pose the copyright holder would first try and contact the plagerist, with a cease and desist order, either from the writer or his/her lawyer. If that doesn't work, the original writer surely must have all their records in order (poor man's copyright maybe -- you know, registered mail to oneself, and don't open; print-outs of on-line postings and feedback, which normally include date/time stamp. This is why I personally am not afraid to post lyrics or song files on line. Usually the feedback provides a paper-trail that could be useful if one has to challenge.)
In the end, I'm a firm believer that "he with the deepest pockets, usually wins." Sad, but true!
Hope I've answered your questions -- within my own *limited* understanding. JMO.
Laziness breeds fatique - Passion breeds action
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