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Mechanical License Agreements for the Independent Songwriter

© Kent Newsome

So you've written a bunch of good songs, put up a fancy web page and sent demo tapes to everybody and his brother. Just when you thought nobody outside of your house would ever notice your songs, you get the news every songwriter eagerly waits for: somebody wants to record one of your songs! It's not a major project, just an initial pressing of three or four thousand CDs. But that doesn't matter. You're thrilled and can't wait to get a copy of a CD with your song (and name!) on it.

Since you aren't with a major publishing company, and since you were too smart to sign up with one of the ever growing number of "AOL account & a web page" publishing companies (See my previous articles for all the reasons you should avoid these companies), you don't know what to do next.

What you need is a mechanical license agreement. And a relatively simple one at that, given the peculiarities of a limited pressings project. Here's the one I use. As always, the form is in italics, with the commentary in regular font.

This is part one of a two part article. Look for part two in March.

Dear _________ :

Err Bear Music (BMI) (the "Publisher") controls the mechanical rights in and to the copyrighted musical work entitled "___________" (the "Composition"). The Composition, including the words and music thereof, was written by Kent Newsome (BMI) [and ____________] ([together,] the "Songwriter[s]")]. The Composition was not copyrighted and published prior to January 1, 1978.

The Publisher hereby grants to _____________ (the "Artist") a non-exclusive license (this "License") to use the Composition substantially in its original form in the recording, manufacture and distribution of phonograph records, cassette tapes, compact disks and/or other audio recordings (collectively, the "Recordings" and individually, a "Recording") in ______________, conditioned upon (a) the prompt payment to the Publisher of royalties computed in accordance with the following schedule (the "Royalties") on each and every Recording manufactured, distributed or otherwise marketed by or on behalf of the Artist, and (b) the delivery by the Artist to the Publisher of a written, quarterly itemized statement no later than forty-five (45) days after the close of each calendar quarter of all accrued Royalties, accompanied by payment in full (in readily available U.S. funds) of all accrued and unpaid Royalties. Checks, drafts and other instruments used in connection with the payment of Royalties hereunder shall be made payable to "Kent Newsome." All Royalties and any notices delivered to the Publisher hereunder shall be delivered, postage prepaid, to the following address: