Performing Rights Organizations

darin — Tue, 26 Dec 2006 18:00:32 +0000

If you’re a songwriter and your songs are being played on the radio or internet, there may be income waiting for you.

Performing Rights Organizations (PROs) collect royalty payments on behalf of publishers and songwriters for public performances of their songs. Here’s how PROs work.

If you’re a songwriter, you have the exclusive right to publicly perform your song under Section 106 of the Copyright Act. However, it’s virtually impossible to know when your songs are being played and by whom. PROs were set up to remedy this problem. Songwriters (and publishers) sign up with a PRO, giving the PRO authority to collect public performance royalties on behalf of the songwriter. It turn, the PROs have licenses all across the country (and even beyond) with radio stations, internet radio providers, shopping malls, restaurants and anyone else who plays music in their establishment. The PROs collect money on behalf of the songwriter, take a small fee, and distribute the money to the songwriter.

The major PROs are ASCAP, BMI and SESAC. Each PRO provides lots of information on their websites about how to sign up and how they work.

Notice and Disclaimer: This posting is not legal advice and not intended as legal advice. It is intended only to provide non-specific legal information. This post does not cover all the issues related to the topic discussed. The specific facts that apply to you may make the outcome different than you anticipate. This posting is based on United States law. You should consult with an attorney familiar with the laws of your country. This posting does not create an attorney-client relationship between you and Darin Leong. This posting is not a solicitation.

Mechanical Licenses for Song “Covers”

darin — Fri, 03 Nov 2006 18:00:52 +0000

When a band or musician records and releases a “cover” of someone else’s published song, that band/musician generally falls under the the “Compulsory License” provisions in Section 115 of the Copyright Act. This is often referred to as a mechanical license. The mechanical license requires that the band/musician must pay the copyright owner of the song for each copy of the song that is distributed (e.g. CDs, digital downloads). The current rate is 9.1 cents per song, for each song under 5 minutes long.

Here are the steps for acquiring a mechanical license:

1) Decide whether the song you are covering requires a mechanical license. For example, some songs are no longer covered by copyright (i.e. they are in the “public domain”). A copyright attorney can help you determine whether your “cover” requires a mechanical license.

2) Determine who owns the rights to the song you are covering. The Harry Fox Agency is often a good place to start when attempting to locate the copyright owner of a song. www.harryfox.com You might also find contact information for the copyright owner on the liner notes of the CD containing the song you intend to “cover.”

3) Give notice to the copyright owner of your intention to “cover” his/her song. The notice requirements are also found in Section 115(b). You must give notice within 30 days after making your CD, and before you distribute it. [information here: http://www.copyright.gov/title17/92chap1.html#115 ]You can also attempt to negotiate a rate that is lower than the 9.1 cents per song rate.

4) Pay for the copies that you make and distribute.

Darin Leong - Hawaii Guitar » copyright act

Performing Rights Organizations

Mechanical Licenses for Song “Covers”