JPF Home Page Forums General Messages Mentor Questions Forum OK--i know this is stupid, but....

Ok Ihaven't chosen a PRO--Can I?--without at least a cut on someone's cd? EXample---I don't have a publisher, but someone performing locally & I write a song that they want to put on they're privately produced cd. There's no publishing co. involved @ this point--Does there need to be? I know the standard rate for pay @ this point would be based on cd's pressed, but what happens if they hit big? How do I protect my rights as things go forward? I know this sounds generic--but the band can post anything online for sale, but if they get signed after--& still want to cut that song--How does that work?

OK, First you should Register your songs with the Copyright Office. You can still order the PA or Short PA form from the Web Site.

If you don't have a Publisher you can be your own Publisher. You will have to issue a Mechanical License to the Artist for the number of CD's they want to Manufacture.

The current Mechanical Statutory Rate for a song up to 5 minutes in length is 9.1 cents per copy or $91.00 per thousand CD's. If you wish you can charge a lessor rate, it's up to you.

You own your copyright and can issue a license each time someone wants to record a song. If someone hits it big and a Label wants to issue you a Publishing Contract you can negoiate it at that time. For small pressings you should get the license fee up front before you issue the license. Good luck.

Ray's right and all that, but here's another angle. Let's say you have a local artist that want to record one of your songs on a CD. He is basically broke, so he's recorded on a shoestring budget (still sounds good, though) and he is going to press 1,000 CD's for $1,000 (4-panel jewel case at discmakers). He had to put that on a charge card, though. But you say (like Ray suggested), I need my $91 up front for the mechanical rights to that song. He says, "Hmmm, I'll just put one of my songs on there instead. I really like your song, but I just can't swing $91 today".

In other words, I don't know what advice to give you (LOL!).

Kevin

Edit: Just noticed that this was in the Mentor's forum -- I guess I shouldn't have said anything! Oops!

If you sell your first 10 CD's at $10 each, that's $100. You can pay me then ('me' meaning you, Twisted Texan). After that, sales of the other 990 CD's is all yours (the artist's). Hopefully you'll be back to contract for another 1,000 or 5,000 if sales merit the optimism.

These person-to-person deals can be made with a handshake, but a written contract is better. But you want an ongoing relationship so you don't want too complicated a deal. You can afford to be liberal with the payment plan you agree to.

And you don't want to be another of the many reasons they can't get themselves to market. Be a reason they can, and THE reason they succeed, and the $91 will be chump change compared to what they can earn for you in the long run.

Perhaps you can give them 20 sales or 50 or 100 before they pay, enabling them to keep some of that cash flow in their pocket. If you know the costs of being a performer, gasoline, equipment replacements, food, lodging, costs as simple as a new cable or set of strings or a drum head can eat that $20 or $30 you were going for gas to get yourself back home, or on to the next gig, or feed yourself.

If the extra cash flow from initial CD sales, over and above what they earned for the gig, and other merchandise sales, is what enables them to keep rolling, it's in your interest that you're not a cost that stops the wheels.

You're after the bigger fish their success will hook for you, airplay, credentials, royalties, demand for other songs you write.

So be generous in establishing the payment plan. The important thing is to get your song cut and released, where other artists may hear it and cover it, paying a licensing fee, perhaps earning royalties, adding to your credentials, perhaps a synchronization license for use in TV or movies. Hey! The new toilet paper commercial is using your bridge as a jingle! You're so rich you hire four guys to carry you around in one of those chair thingies. What's $91 bucks to a guy like you?

Well, everything. It's the cumulative value of $91 here, $1,000 there, a hundred thousand there, that pay for the chair thingie. Just make it happen. Make it happen. Don't let $91 hold the happening hostage.

Oh, questions on Performance Rights Organizations and qualification to join can probably be answered at their websites.

www.bmi.com

www.ascap.com

www.sesac.com

There are others in other countries.

Once you become a member, you and your publishing company, which may also be you, will collect royalties, if any are earned, from that PRO.

You can negotiate in the written contract for a share of download sales for your song.

Thx all for clearing some clouds on this matter for me--There's also the extra benefit of having a nice free full band demo for my tune as well--That's probably worth 1/2 the deal...Again thanks for taking the time on a question that's prob'ly been asked more than a few times...Al