A compulsory license would be issued by the Copyright Office. After a work is distributed to the public for sale, (Published), anyone can record the work for sale by paying the mechanical license. In the case where a copyright owner, most likely a Publisher, refuses to issue a license the person requesting the license can go thru the Copyright license to obtain the license. I have never heard of this happening but when going thru the copyright office the full mechanical rate applies. Pro fees are paid directly to the Publisher, if there is one and directly to the songwriter(s) according to splits agreed to by the authors, in a publishing contract if there is one.

Mechanical fees are paid to the publisher, if there is one, and then split according to the publishing contract. Sync Fees are probably paid the the Publisher, if there is one and split according to the Publishing Contract. Everything should be spelled out in the Publishing Contract.

It used to be a musical work could be registered for 28 years and then renewed once for another 28 years. Under the new Copyright Law it is 70 years after the author dies or the last author if there is more that one.

I think the main reason the law was amended was because of Disney and their works. They did not want to give the right for their works to be produced and sold without any compensation. So the law was amended.


Ray E. Strode