Monday, December 7, 2009

4 Songwriter Insults

Priscilya Says Hey!

As an entertainment lawyer in NYC, I meet so many people that are aspiring to do SOMETHING in the entertainment industry. It's actually quite comical some days lol. But on a serious note, this blog will speak to those people and give you information as well as insight as to alternative methods of marketing yourself and your agenda. ("What does she mean by "agenda"?) Trust!! In entertainment, EVERYONE has an agenda:-)

For now, because it is clearly 1:23AM and I have a long day tomorrow, I have a quick note for SONGWRITERS! Yaaaaaay!! I heart songwriters:-) The music industry starts and ends with them! Producers would disagree, of course, but let's try putting tracks on the radio for one day without the lyrics!! Advertisers would be making bomb threats to radio stations lol...ok not funny, but you get the point. The beat draws you in (especially in r&b, hip hop, and urban pop), but the melody and lyrics of a song keep you listening:-)

If you have been writing for some time, these "tips" below are probably an insult (hence the title of this post...lol), but it's the holidays so sharing is caring!!

A recent meeting I conducted with all of the songwriters that would be contributing to my church's album (Emmanuel Baptist Church in Brooklyn, NY http://www.ebc-ny.org/) revealed that some songwriters have no clue about how they will get paid when they get a placement. Hence the following basic info:

1. Copyright your music and/or lyrics with the Library of Congress at www.copyright.gov either online ($35) or using a paper application ($45).


***You can register your works as a collection to avoid paying the fee for EVERY SINGLE SONG***



2. Register with a Performing Rights Organization (ASCAP, BMI, or SESAC) as a writer AND a publisher. [If you have no publishing deal, you are your own publisher at the moment. The "writer's share" of your money goes directly to you, but the "publisher's share" is made out to your publisher, which WOULD BE distributed to you (if you haven't agreed to give it all away) by your publisher according to whatever agreement you have with them...i.e. 50/50, 75/25, etc.]

***Register with a PRO soon as it will take about 6 weeks for approval.
***Be prepared to submit 3 publishing company names in order of your preference. You will get the one  available.
***Register the songs the artist, church choir, television show,etc. will be using under your publisher name OR writer name- not both. (I personally prefer it under the publishing company name).


3. Set up a publishing company. It's better to do this AFTER the PRO has cleared the name you want. It would suck to waste money forming an LLC, creating a website, etc. for a name that is unavailable.

***Use the business structure that's right for you (Sole proprietorship, LLC, C-Corp, etc.) Understanding your goals will allow you to choose the right business structure.
ALTERNATIVELY...
***Let's say you don't have the money RIGHT NOW to set up your company. Go to http://www.irs.gov/ and get an EIN (Employer Identification Number). It's free and you can apply for it online. You can use this number immediately to open a business bank account. Having the number is NOT A SUBSTITUTE to forming a company with the Secretary of State, but you can at least take care of a few immediate business needs (i.e. letting your PRO know you have a place for them to put your money!!)
***I knew that last part would get your attention:-)



4. Register songs with the copyright office in the name of your PUBLISHING entity.
***If songs were previously copyrighted in your name, file an assignment with the copyright office transferring the copyright to your publishing entity***


Priscilya Says...now get to writing...chop chop!!

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