I had originally intended to write this month's article on webcasting and Internet radio, but as I considered the subject, I discovered that the recent, much publicized issue of royalties made this a complicated subject. The subject of royalties for musicians (performers and/or music writers) is fraught with that "legaleze" that sends most people running for cover, so I thought in this article I would distill a few of the salient, general thoughts about copyrights and royalties. Next month, we'll take a look at webcasting, discuss the pros and cons and new royalty requirements.
Copyrights
Any potential income for a song is based on the rights established when you file a Copyright. The U.S. Copyright Office has a great deal of easy-to-understand information about the reasons to file for a copyright, the procedure for filing, how long a copyright lasts and what rights you have after you obtain a copyright. In short form, the U.S. Copyright Act gives the owner the following rights:
- The right to reproduce a song (make copies - CDs, tapes, etc.)
- The right to distribute a song (sell copies)
- The right to perform the song in public (for sound recordings perform the work publicly by means of digital audio transmission - radio, television, Internet broadcast, etc.)
- The right to create derivative works (create samples, remixes, etc.)
- The right to display the work in written forms (such as posters using song lyrics, sheet music, etc.)
Royalties
Once these rights have been established through a copyright, any time one of your songs is used you may be entitled to a royalty. Or, conversely, any time you decide to use another songwriter's song, you may need to pay a royalty under what is called a "mechanical license" (described in the following paragraph).
What does royalties have to do with music publicity? Everything! Good publicity involves getting your music out there and heard not only through playing live but also through radio broadcasting, webcasting, publishing sheet music, or "licensing" your songs to be used in advertisements, TV shows, short films or by other musicians. Each time a song is played or licensed may constitute the receipt of a royalty.
The different types of income you may earn for a song you have written are:
- Performance Income: Income paid when songs are broadcast over radio, television, the Internet and some public venues. These are the royalties that are collected by the big three performing rights organizations ASCAP, BMI or SESAC). These performing rights organizations charge a membership fee but in return they license and distribute royalties for public performances of a member's copyrighted works. To pick which organization to join, study how each determines royalties and then make the decision that best suits your needs.
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