Mechanical License Agreements for the Independent Songwriter

The first paragraph sets forth the name of the song and the artist. The form has optional language for use when the song is a collaboration with another writer. The form sets for the grant of a non-exclusive license, conditioned upon the payment of the specified royalties and the required accounting. Note that the form contemplates that all checks will be delivered to one person, even if there are more than one writer involved. If a song is a collaboration, I agree pursuant to a separate agreement, to forward to the other writer his or her share. This makes things easier for the artist, but there is no reason you can't require separate checks if you want to.

The Royalties payable hereunder shall be 6.95 cents (U.S.) per Recording, with the Royalties for a Recording to accrue at the time such Recording is manufactured. Royalties for the first _____ Recordings shall be paid to the Publisher contemporaneously with the execution of this License. Subsequent Royalties shall be payable as set forth above.

This paragraph merely sets forth the royalty rate, which may of course be negotiated. Often the starting point is the statutory rate. If so, be sure you have the current rate, as it changes from time to time. This paragraph also contains the major difference between this form and the typical form used by major labels: royalties are paid based on presses, not sales. In most small projects neither the artist nor the songwriter are equipped to keep and audit the records necessary to figure out the payments based on sales. More importantly, many of the CDs will be given away to record companies, managers, friends, etc. Since the amount in question is so small, it is easier (and generally acceptable to both parties) to have royalties paid based on presses. The form does allow for additional presses should the CD's success warrant it.

That's all for now. We'll finish up this topic in March. Keep writing!

P.S. There are quite a few good writers active on the Lyric Critique Message Board at www.newsome.org. Drop by and meet some talented and helpful people!

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