Tag: royalties
The McTrademark and Intellectual Property Rights
by claybutlermusic on Jan.23, 2010, under Band Management, Career Building, For Businesses, For Worship, Recording, Uncategorized
I’ve been teaching a series of seminars and classes on taking your church’s music and media ministry to the next level. We start off by focusing on “keeping it legal” by acknowledging and respecting the intellectual property rights of others. This morning on the WalletPop blog, there’s an article of a teen named Lauren McCluskey, along with another girl with Mc in her surname, who raised $30,000 for the Special Olympics with a charity concert series they called the McFest. McDonalds claimed it was infringement of their “Mc” trademark. In the December issue of Recording Magazine, another teen was sued by four record labels for illegally downloading and sharing 24 songs. The verdict after two trials? Punitive damages of 1.93 MILLION dollars. It seems like every time I pick up a magazine or turn on the computer, there’s an article dealing with an infringement case. It just serves to further remind us that INTELLECTUAL PROPERTY RIGHTS ARE A BIG DEAL!
If you’re a songwriter, performer, or artist, those rights are a big deal to you, too. It’s how you make a living. (See our previous posts on How to Get Paid for your Music and How to Start your Own MusicPublishing Company.) If you’re a venue, church, or broadcaster, they’re also a big deal for you, as well. Understanding the rights of others, in addition to your responsibilities pertaining to those rights, ensures that you don’t get sued (if you abide by them).
The law allows Intellectual Property owners certain EXCLUSIVE rights:
- To reproduce the works
- To create derivative works
- To distribute the works
- To perform the works
- To display the works
No one else can do those things (well, legally, anyway). So, then, how does a potential music user get permission to do any of those things? Licensing. You must purchase a license in order to use the music of someone else for any reason. Each potential use requires a specific license.
- To have music at your venue, club, or restaurant, you need a Performance License from a Performing Rights Organization (PRO) such as ASCAP, BMI, or SESAC.
- To broadcast music on television, radio, or the internet, you also need a Performance License from a PRO.
- To use music in a church worship setting, copy music, or display music/lyrics, you need a CCLI license from Christian Copyright License International.
- To record someone else’s music onto a CD, for example a compilation, you need a Mechanical License, which can generally be obtained through the Harry Fox Agency and a Master Use License.
- To record your performance of someone else’s music, for example a CD of cover tunes, you must also have a Mechanical License, but not a Master Use License.
- To use someone else’s music on a video for broadcast, you would need a Broadcast License, a Synchronization License and a Master Use License. If it then goes on a CD or DVD for sale, you must add a Mechanical License.
Keep in mind that when you buy a CD, the ONLY thing you own is the little plastic disc and a License to listen to the music. You in no way own the music. You cannot copy, perform or distribute any of that music. Period. Well, unless you buy a license.
Comments? Questions? Keep ‘em comin!
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How to Get Paid for your Music
by claybutlermusic on Nov.06, 2009, under Career Building, Marketing & Promotion, Recording, Uncategorized
Here’s an article on How to Get Paid for your Music. It deals primarily with writers who are interested in getting their songs into film and television and earning royalties. Topics included are:
- Writing great songs
- Recording your songs
- Signing up with a Performing Rights Organization
- Registering songs with your PRO
- Registering songs with the Harry Fox Agency
- Independent A&R services
- Filing cue sheets
Anyone who is interested in making money from his or her music will find this article informative and useful.
Some related articles to this topic include:
How to Start your own Music Publishing Company
Starting your own Music Publishing Company
by claybutlermusic on Nov.02, 2009, under Band Management, Career Building, For Businesses, Marketing & Promotion, Uncategorized
If you write your own music, it’s a wise idea to start your own music publishing company. Although you can utilize another publisher when licensing your music, you can double your profit by acting as your own publisher. It’s easier than you might think.
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