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Gah650
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my first rule: https://medium.com/@gah650/george-s-rules-of-order-for-panels-and-panelists-22f522e3d71f#.94kx04rtu George
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"its" not "it's" 2x. George
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Spot on. Thx, George
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I've heard of it, and looked at it briefly, but will give it a closer look. Thanks, George
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@Oke In order to collect money when your songs are streamed online you must do two things: 1. If you're the writer of the songs (i.e. they're not covers) you must affiliate with either ascap, bmi, or sesac. these organizations monitor public performance (music streamed online is a public performance) on behalf of their affiliated writers. 2. if you're the performer of the song/label who released the song (if you self-released, you're the label) you must affiliate with SoundExchange. SoundExchange monitors digital public performance and collects on behalf of their affiliated performers and labels. best, George Now thats one chunk-load of info. How can we get to market our songs online? In otherwords, how do you get money streaming your songs through a website. How do you work out cost rights from streaming and even downloading your songs?
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@Gilberto Thanks for the question. Hold on to those receipts. Registration of the (c) - while not granting (c) (you get that from fixing an orig work in a tangible form) - does supply you with additional remedies in the instance of an infringement. These receipts will be powerful evidence of your registration even while you await the actual certificates. best, George I HAVE ALL MY SONGS THAT I RELEASED ON TUNECORE ALREADY ON COPYRIGHT. I SENT A FORM TO COPYRIGHT ALREADY THIS YEAR, 2010, BUT IT TAKES TWO YEARS TO RECEIVE A CERTIFICATE. BUT I GOT THE WEB RECEIPTS OF THE SUBMITTED ORDER TO COPYRIGHT. CAN I STILL RUN ANY RISK?
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@PB you identify yourself as a songwriter, so I assume the labels released your performances of songs you wrote (i.e. not covers). if this is the case, you are owed a mechanical payment, unless you waived your mechanicals on these compositions (see above on "controlled composition clause," etc.). You mention you've received payment in the form of an artist royalty from the label. what I see a lot - particularly with new labels - is that they don't know that what a mechanical is, and they therefore don't pay it. they often make a payment to the artist - usually some kind of profit sharing payment (i.e. the label recovers its costs and then splits the money with the artist), but - as much as this might be a good faith gesture on the part of the label - it's not legal. they MUST pay the mechanicals, and if they try to lump those payments in with an artist royalty, problems will arise (what do you do if an artist does some covers and not others; what about cross-collateralization, etc.). it's a mess. you need to go back to the labels, and ask them to render accounting for your mechanical royalties. if they've lumped all the payment (i.e. artist royalty and mech royalty) together, you need to tell them that's not acceptable, and they need to separate it out, and they need to do so retroactively. best, George I am a songwriter and performer and I receive royalties from my various labels that I've been signed too. I think I have only gotten royalties on copies sold though (artist royalties) but not as a songwriter (mechanicals). I do receive publishing form ASCAP but that has nothing to do with a label. Have I been screwed?
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@MSL Once a song you have the (c) to has been released, it is fair game for anyone who wants to make a recording of it (cover it) to do so. you can not stop someone from doing this - this is why it's called a compulsory license (you are "compelled" to grant it to anyone who wants it). however, those who cover the song must honor the rules as iterated above with respect to mechanical terms (i.e. pay the royalty, account, etc.). If they do not, you can attempt to stop them from reproducing any further copies of your work, and collect damages, etc. best, George question: if the writer of a song issues an "exclusive" license to someone for that song - is there still such a thing as a "Compulsory License" available to another person...? Thinking of a case where someone does a 'cover' of a tune, but wants to have an exclusive use of that song, so others don't put out another 'cover' at the same time...? Would they want to negotiate an exclusive song license use for that song before doing the cover, if that's possible? thanks
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@Dejuan it sounds to me like someone did a cover of your song? in this case you would likely be owed a mechanical license fee based on the number of times your song was reproduced. however, you state that you were under a contract, and that could mean that what you wrote during that contractual period was deemed a "work made for hire." if so, you may have assigned your rights to the (c) of the song over to the party who contracted with you. in this case, your compensation would have been limited to what you were paid when you entered the agreement (or any other arrangements set forth in the work made for hire agreement). typically, the work made for hire agreements essentially trade the (c) that you create for a one-time payment, and you cease to be the owner of the (c), and therefore have no future benefit (mechanicals, etc.) from it. we'll be going into contracts, etc. soon. best, George Im a song writer who has music in another state thats under or was under a contract to reproduce or record my song.The company cut an album my song wasnt on it, but they were performing it.how do i go about retrieving my music or monies owed? and thanks for the information and how could i somehow get panthlets or more information on drawing up musician directing and producing agreements
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@Linda It's a great question. US (c) does not apply specifically to other countries. However, there are a number of unifying agreements between countries that represent a good degree of protection for us copyrights internationally. Specifically, the Berne Convention for the Protection of Literary and Artistic Work, which was first put in place in 1886, and has been regularly updated mandates that the signatories to this document give the the copyrighted works of authors from other signatory countries the same protection as they give copyrighted works of authors from their country. It's a sort of reciprocity. In other words, France - a Berne signatory - will respect your American (c) to the same degree they respect the (c) of a French national. Many, but not all, of the us (c) rights and protections are the same across all Berne-signatory countries. There are other unifying bodies - most significantly - World Intellectual Property Organization Copyright Treaty (WIPO). This is more recent than Berne (1996), and strives to deal with more recent tech advances (it is implemented in US law via the digital millennium copyright act (dmca)). it relates to, but is distinct from Berne. All of this is a long way of saying that there are mechanisms to afford a degree of security for international copyright. best, George Does USA copyright cover the song globally? This would be great to know! And thanks much for the great article!!
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@Kategracebauer I'm a bit confused by the question. Remember, you are granted (c) when you author and fix (write down/record) an original work. that would give you the copyright to that work, and if anyone wants to reproduce it, they must pay you a mechanical royalty. this includes if they reproduce your version (i.e. recording of the song), or if they create their own version (i.e. a cover of the song). maybe that's what you mean by performance? (it's confusing, because - as we'll see soon - "performance" also relates to "public performance," which is a whole other can of worms). So...this distinction between the copyright to the underlying work (the melody and lyric you created) and the sound recording or the version of this underlying work is crucial, and relates to your questions about the distinction between the (c) and the (p) marks. The (c) mark relates to the underlying work (the musical work - lyric and melody - expressed in music notes, etc.). The (p) mark relates to the "sound recording" (it actually stands for "phonogram," a sort of now-archaic term). It relates to this specific "sound"; i.e. the specific version of the underlying work as manifest on the specific album, etc. So...typically, a writer (or publisher) will hold the copyright to the underlying work (the song itself), and note this with (c). The label typically owns (or licenses) the specific version of that song that they (label) release on their record (the sound recording), and notes this with the (p). If you are a writer of a song, and you release that song on your own label, you would have both the (c) and the (p). best, George What's the benefit in copyrighting both the song (lyrics) AND the performance?? IS there a benefit? Are you better covered or do you pigeonhole yourself more? Are people more averse to covering a copyrighted piece of work if the performance is also copyrighted? What are the basic terms of the mechanical license as it relates to the P-in-the-circle and the C-in-the-circle?
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@Patrick Thanks for your kind words. you're right, the process of receiving your actual (c) certificate, etc. seems oddly long (particularly for something that should/can be done online). remember, however, that submitting these reg forms does grant you additional rights and remedies. so, it's still good practice to do so. best, George -- Thanks for great article! But why does the Library of Congress take UP TO A YEAR to process the Form PA? that's only if it's done over the web. If it's done via the actual paperwork, it takes up to a year and a half! That's way too long.
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This is fantastic news. As both an educator (college of business at Loyola, New Orleans - use bb every day.) and the founder of a strategic marketing consulting firm (we work with fortune 500 companies, higher ed, and entertainment to help them leverage social media to increase awareness and revenue), I'm delighted to hear about your initiatives. Thanks, George
I like and respect Geoff Travis an awful lot, and it may not be about him/Rough Trade, but "Frankly, Mr. Shankly" is pretty great.
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Feb 6, 2010