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About Bill Pere
Expertise
Can answer questions on : Technical aspects of lyric and music compostion; How to give and receive objective critique; Arranging and production; Concrete vs abstract imagery; Use of metaphor; Rhyme techniques; Song Structure; Collaboration; Songwriter Associations; Promotion; Guitar technique; Music Business;

Experience
President of the Connecticut Songwriters Association and Director of the Connecticut Songwriting Academy; Named one of the Top 50 Innovators and Guiding Lights of the Music Industry in 2008 by Music Connection Magazine; Author of "Songcrafters' Coloring Book:The Essential Guide to Effective and Successful Songwriting." Named Independent Artist of the Year,by the 2003 national Independent Music Conference; 30 years as a professional singer-songwriter; 16 original CD's released;
Have had songs placed on other artists' CD's. Twice named Connecticut Songwriter of the Year.
20 years as Executive Director of the LUNCH Ensemble. Have attended more than 200 presentations by top industry professionals and have critiqued thousands of songs. Have written and produced dozens of stage plays and hundreds of concert events; Have coached hundreds of aspiring songwriters, and collaborated with several award winning writers. Have written commissioned songs as an Official Connecticut State Troubadour. Music Director of youth choirs and music camps.

Organizations
Connecticut Songwriters Association (President); LUNCH Ensemble (Local United Network to Combat Hunger -- Exec, Director); CMEA (Connecticut Music Educators Association); Folk Alliance; Association For Psychological Type; Songsalive;

Publications
Songcrafters' Coloring Book: The Essential Guide to Effective and Succesful Songwriting Songwriters Market (2001, 2002); Connecticut Songsmith; Contemporary Songwriter Magazine; Songwriters Musepaper;
Songcrafter's Coloring Book;   Strategies for Teaching Guitar;

Education/Credentials
Masters Degree Molecular Biology; Certified MBTI Practitioner (Myers Briggs Type Indcator); Connencticut Secondary Public School Teaching Cerftificate; Author: "Songcrafters Coloring Book: The Essential Guide to Effective and Successful Songwriting:

Awards and Honors
Named one of the Top 50 Innovators and Guiding Lights of the Music Industry in 2008 by Music Connection Magazine; Independent Artist of the Year, (2003 national Indie Conference); Official Connecticut State Troubadour, appointed by CT Commission on the Arts, 1995 ; 1982 and 1992 CT Songwriter of the Year; 2000 Award for 20 years of Outstanding Service to Songwriters;
2002 CSA Award for Outstanding Contribution to Education through Music; Numerous awards for outstanding community outreach through music; 1997 Citation from Connecticut Legislature for exemplary dedication to community outreach through music. 1995 Renaissance Award for multiple music achievments in a single year.   Invited Presenter and Mentor at various Music Conventions

 
   

You are here:  Experts > Music/Performing Arts > Musicians' Exchange > Musical Composition, Theory, Songwriting, and Singing > Copyright and royalties

Musical Composition, Theory, Songwriting, and Singing - Copyright and royalties


Expert: Bill Pere - 8/19/2009

Question
QUESTION: I just wanted to thank you on the last question I asked on the 14th about collaborating, but wanted to clarify something. Does a songwriters name have to be on the registered copyright in order to receive royalties?

ANSWER: Kimberly,

You asked:  Does a songwriter's name have to be on the registered copyright in order to receive royalties?

The short answer is 'no'.   The copyright form is usually registered in the name of the publisher, not the writer(s).
Royalties will go to the publisher, and then the publisher keeps 50% and distributes the other 50% to the writer(s).
You'll want to have a way to verify that what the publisher pays you is actually the right amount.

That's why it's important to keep your own publishing rights, so that you control all aspects of the song's use and income, and you eliminate the middle person.   What most artists today do is to act as their own publisher and register their copyrights under the name of their own publishing company (does not need to be an actual corporation -- just a sole proprietorship with a separate checking account is fine).

NOTE:  If the copyright form is registered to the writer(s) rather than the publisher, then all writers names should be on the form, unless you have a separate written, contractual agreement with them.  When the song is published, it has to be re-registered under the publisher's name, so you might as well just do that once.

Good luck to you.


Bill Pere
Founder and Executive Director, LUNCH
President and Executive Director, CT Songwriters Association
IMC Indie Artist of the Year  
An Official Connecticut State Troubadour since '95
Director, CT Songwriting Academy
Author, "Songcrafters' Coloring Book: The Essential Guide to Effective and Successful Songwriting"

http://www.billpere.com
http://www.lunchensemble.com
http://www.ctsongs.com
http://www.ctsongwriting.com
http://www.songcrafterscoloringbook.com

"One of the Top 50 Guiding Lights of the Music Industry" - Music Connection Magazine"

===================================================

---------- FOLLOW-UP ----------

QUESTION: Sorry for the constant questions, it's just that I keep getting hit with different answers from other sources. I know I need a lot of help, : ( The "artist" that I may potentially be working with told me as long as I already am registered with BMI or ASCAP, any songs that we do in the future I would get royalties for even though I am not actually on the registered copyright as a publisher. I know in your previous answer you said that the publisher receives the royalties and then distributes the rest of whatever the writers or co-writers are owed, (in this case the "publisher is also a writer"), but I have no idea how I would keep track of that once the project is complete and put out there. I guess a better question would be: What would be the most ideal agreement for a singer/songwriter who is asked to collaborate on another artist track (and I am not putting anything in for expenses), and that artist already has registered as the publisher for that song? SORRY AGAIN!

Answer
Kimberly,

(Last question for this topic - I'll be traveling to Nashville after today).

This whole area is the one which causes  the most confusion for people.  That is why it is essential for any artist to learn thoroughly about the business side of music.    You cannot ever be sure of being fairly compensated if you do not know the rules of the game.  Educate yourself by joining a good songwriters group (see http://www.ctsongs.com as an example).  Read the key reference books on the music business (see my recommended reading list -- the link is at my book website http://www.songcraferscoloringbook.com).  Also go to some of the great music conferences that teach all of these things to independent artists.  See the Independent Music Conference http://www.imc09.com

Bottom line is that if you do not take care of all these questions in writing BEFORE you actually work with people, you have given up control of your song and/or royalty stream and you have little recourse except to take what you learn from the experience and use it to avoid similar things in the future.   Once it is out of your control, you have no way of knowing if any amount you receive is correct or not.  If you received a check for $200,  perhaps it should have been $500 - but you'll never really know unless you are the publisher or unless you have binding agreements that give you a way to know.

Regarding ASCAP/BMI,  most of what you hear about these PRO (performance rights organizations) is outdated in today's music scene.  It applies if you have a mainstream song that is getting lots of major airplay and performance.   Otherwise,  ASCAP/BMI are not necessary at this stage, and can actually prevent your songs from being performed in certain places - but that's a whole other story.
You do not need to be a member as a writer.  It's better to join as a publisher (you can only belong to one or the other, or the third one, SESAC, which is better than either ASCAP or BMI, but that is only by A&R invitation).     None of that matters unless your song is getting major airplay on major stations -- otherwise it never gets on the radar.

ASCAP/BMI distribute to publishers, who then distribute to writers.   The writers really have no way of knowing if they are being paid accurately,  and ASCAP/BMI really only monitor mainstream performances, so that if your song is played on college radio or just occasionally on a station, it will never get on the radar for performance royalties.   ASCAP/BMI do not monitor internet play - that is done by sound exchange, which you can join online.

The biggest part of your royalty streams are
(1)  the 9.1 cents you get per song per CD made (nothing to do with ASCAP/BMI) - you should receive that when the CDs are pressed ($91 per song per thousand copies)  and
(2) 9.1 cents from digital downloads (again, nothing to do with ASCAP/BMI ) -- it goes to the publisher direct from CDBaby or Tunecore,  who then pays the writers.  Your songs should definitely go through CDBaby, but if you're not the publisher, you wont see the income - it goes to the account of the registered publisher.
(3)  any money that comes in from licensing (totally controlled by the publisher).  If you are also an artist on the song, you have to sign a release to allow it to be used in synchronization.

Again, bottom line -- be your own publisher, and never assign your writer's share to anyone, and give out your publisher's share only with a written agreement.  Read the key music business books and learn what you need to know to be treated fairly.  Never assume anyone else in the music business  will have your best interests at heart.

Note that all the above applies if you are the writer or co-writer of a song.  If you are just a performer vocalist/instrumentalist, you have no inherent stake in the copyright -- just the specific recording of the song, and only from what you negotiate in writing.   If you have not mad any specific written agreement with owner of the recording (usually the one who pays for the recording), they don;t have to give you anything as a performer (but they do as a writer).

I know this is all very complex, which is why I work with folks around the world teaching this stuff.   You can reach me through my website at http://www.billpere.com and http://www.ctsongwriting.com (where you can take the Music Biz Quiz). .

Best,

Bill Pere
Founder and Executive Director, LUNCH
President and Executive Director, CT Songwriters Association
IMC Indie Artist of the Year  
An Official Connecticut State Troubadour since '95
Director, CT Songwriting Academy
Author, "Songcrafters' Coloring Book: The Essential Guide to Effective and Successful Songwriting"

http://www.billpere.com
http://www.lunchensemble.com
http://www.ctsongs.com
http://www.ctsongwriting.com
http://www.songcrafterscoloringbook.com

"One of the Top 50 Guiding Lights of the Music Industry" - Music Connection Magazine"  

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