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Song Rights?
I plan to record some original songs at a recording studio. How does this affect my rights to the material if the studio were to keep a copy of the recording? What if it were played on a local radio station? My songs are registered with the copyright office in Washington. So far, I'm the only one who has a recording. It was done at my home studio, and is not of professional quality.
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#2
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The studio has no rights to YOUR song. Why would they distribute to a radio station? That's not their job.
If you want to collect royalties on your songs (when one is played on the radio or performed live) you need to have them registered with a PRO (ASCAP, BMI, SESAC), and if you want streaming royalties, you would need to online distribute with a place that collects them (such as CDBaby).
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Mike My music: https://mikebirchmusic.bandcamp.com 2020 Taylor 324ceBE 2017 Taylor 114ce-N 2012 Taylor 310ce 2011 Fender CD140SCE Ibanez 12 string a/e 73(?) Epiphone 6830E 6 string 72 Fender Telecaster Epiphone Dot Studio Epiphone LP Jr Chinese Strat clone Kala baritone ukulele Seagull 'Merlin' Washburn Mandolin Luna 'tatoo' a/e ukulele antique banjolin Squire J bass |
#3
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Way back in the '60s, the man with the big cigar app[roached us and offered us a recording session in IBC Studios in London (we followed Shirley Bassey and a full orchestra!)
We recorded four songs, and got white labels, as someone peddled us to various record labels. While we were waiting, one of our songs, presumably our recording was being played on one of the pirate radio stations of the day, either Caroline or London, don't know. We never got any royalties and didn't get a deal in the end, can't remember why, but one of our originals was called "Girl" and it was squashed because the Beatles had a song by the same name in '65. just sayin'
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Silly Moustache, Just an old Limey acoustic guitarist, Dobrolist, mandolier and singer. I'm here to try to help and advise and I offer one to one lessons/meetings/mentoring via Zoom! |
#4
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Mike My music: https://mikebirchmusic.bandcamp.com 2020 Taylor 324ceBE 2017 Taylor 114ce-N 2012 Taylor 310ce 2011 Fender CD140SCE Ibanez 12 string a/e 73(?) Epiphone 6830E 6 string 72 Fender Telecaster Epiphone Dot Studio Epiphone LP Jr Chinese Strat clone Kala baritone ukulele Seagull 'Merlin' Washburn Mandolin Luna 'tatoo' a/e ukulele antique banjolin Squire J bass |
#5
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Thanks for the replies. My originals are registered with BMI and with the copyright office. A local radio station wants to air a couple of my song recordings. I'm just wondering if I submit them to the radio station for public airing if I lose control of who can perform my material. Does this constitute publishing?
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#6
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If you want to establish rights via registration, you can submit the recordings themselves as soon as they are finalized. You can then let a radio station play them (before the months of waiting for copyright.gov) and know you're covered in the [admittedly unlikely] event you have to make a claim if someone grabs it and uses a sample, whatever. Note that the PA application process itself changed back in March, so you cannot submit anything previously "published" (definition of that still murky in this century). You'll have to use SR for the recordings.
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"I know in the morning that it's gonna be good, when I stick out my elbows and they don't bump wood." - Bill Kirchen |
#7
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If I understand you correctly then yes you lose control of "Who can perform your material " But in reality this does not matter does it ? I mean unless you never play your songs in public, and never publish them , you don't have control over who hears them and might perform/cover them anyway ? Nobody does . I guess I am not understanding why it would matter ? Or conversely what do you perceive you might gain by controlling who performs your songs ? To clarify what copyrights do is offer legal recourse for "infringement" and define royalty compensation for legal use by others. But other than someone trying to publish a "derivative work" of your work (over which you have permissive control) copyright does grant control over who can or can't legally cover your material
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 Last edited by KevWind; 08-02-2019 at 11:37 AM. |
#8
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So, if the work is copyrighted, you do not "lose control" but if you have not registered it, you will have a very hard time making an infringement claim (though you might find a lawyer willing to take a lot of your money for one). https://www.copyright.gov/help/faq-definitions.html https://www.copyright.gov/circs/circ01.pdf
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"I know in the morning that it's gonna be good, when I stick out my elbows and they don't bump wood." - Bill Kirchen |
#9
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I do play my songs in public, and they are registered. My concern was in having them played on the radio. My understanding is that radio play constitutes "publishing". Once something is published, does that mean the song is fair game for anyone to perform? If so, I assume the fact that the songs are registered with BMI and the copyright office allows me royalties. I really don't understand the possible pitfalls of having my originals published. If not published, my understanding is that someone would need my permission to perform or record them. I'm just trying to control what happens to my original material.
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#10
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https://www.harryfox.com/#/
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stai scherzando? |
#11
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Once it is published the copyright holder is entitled to royalty compensation (whether or not it logistically amounts to anything is different discussion) But the copyright holder has no legal control over who or when it is performed /covered in public. Quote:
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Technically would not need your permission to simply "record" your song but would definitely legally need permission to try to publish that recording . But again the real question is "why" would you want to "control" someone simply performing a cover of your song ?
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 Last edited by KevWind; 08-03-2019 at 05:28 PM. |
#12
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Thank you KevWind, you have addressed and answered my questions and concerns. I have an offer to record and get some radio air play for a few of my songs. I just don't know if the airplay and public exposure is worth the risk of losing assignment rights. My own performances are not good enough to make me famous or wealthy, but a couple of the songs themselves are pretty good (in my humble opinion), and are frequently requested when I play in public. I just don't want to lose control over who I might want to grant recording permission to down the road. I keep getting requests for CD's, but I don't distribute any for the same reason, and also because I'm not satisfied with my recording abilities.
Thanks to everyone for their advice. I find this to be a very complicated subject, which is probably why there are attorneys who specialize in it. |
#13
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First in full disclosure I am not a copyright lawyer . While trying to get a publishing deal I personally studied and attended several seminars on the subject. So while I do have a basic working knowledge (maybe just enough to be dangerous ) .First..... Let's take any emotion out of the equation. Again to clarify published or not, objectively you have no practical logistical control over who might "record" your song. So "permission to record" is in practical terms meaningless to begin with. Objectively I have to admit I am completely baffled buy your concern over someone performing or recording your songs. Let's use a couple hypotheticals ---- So you go ahead and record and get some radio airplay. Then: # 1 Joe Schmuck and the Tear Jerkers perform your song at Bubba's Bar in Left Field, Wyoming ( or even at Radio City NYC) .. What possible downside do you perceive as being possible ? #2 You register you song with the Harry Fox agency or similar entity , and Joe Schmuck and the Tear Jerkers record a cover of you song, pay the mechanical rights fees to HF or other, and make 2k CDs with you listed as the songwriter in the credits . So the question is what possible "downside" do you perceive as being possible with either of these happening ? Again from an objective view . Do you play any covers in public ? if you do then what is the possible downside for the author of not having control over you doing that or not ?????????????????????? I guess I am also confused because if you do not want anyone performing or recording/distributing your songs then-----not only should you not publish them, but you yourself should also never play them in public.
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 Last edited by KevWind; 08-04-2019 at 08:13 AM. |
#14
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From the Copyright Office (link I posted earlier - emphasis mine): What generally happens is that you make your work public so it gets reproduced and you get money for that. But, you can certainly claim infringement if someone does any of those things you have the exclusive right to, i.e., without first getting permission. But, you'd have to pursue that legally, and unless someone is making a lot of money, or the infringer has a lot of money, it's rarely a worthwhile exercise.
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"I know in the morning that it's gonna be good, when I stick out my elbows and they don't bump wood." - Bill Kirchen |
#15
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Reminds me of a song... "People writing songs that voices never share No one dared Disturb the sound of silence"
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Jim 2023 Iris ND-200 maple/adi 2017 Circle Strings 00 bastogne walnut/sinker redwood 2015 Circle Strings Parlor shedua/western red cedar 2009 Bamburg JSB Signature Baritone macassar ebony/carpathian spruce 2004 Taylor XXX-RS indian rosewood/sitka spruce 1988 Martin D-16 mahogany/sitka spruce along with some electrics, zouks, dulcimers, and banjos. YouTube |