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Topic: Copyright for original songs |
JAMES BANKS
From:
Mineola,TX USA
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Posted 20 Dec 2006 6:42 am |
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One of the guys in my Country Gospel band writes some really great songs. He wants to record them, but he does not want to loose the rights to them and have someone else get any money that they might generate. Any forum members have experience with this? If you have any pointers, send me an e-mail, please. We thought about setting up our own publishing company, any thoughts on this?
Thanks for your help and input. James |
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Ken Lang
From:
Simi Valley, Ca
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Tony Prior
From:
Charlotte NC
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Posted 21 Dec 2006 3:14 am
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the 10 myths as Ken linked to is for the most part pretty accurate. Here's the problem.
the advise not Legal , as in Lawyer.
You can take all the advice everyone gives you about copyrights etc., but if you DO file the copyright with the Library of Congress and have the Copyright certificate in your hand ( $30) you don't need anyones advise or clarity.
You can start your own Publishing company, go down to the local City Hall, research the name, pay the $10 and you are now a registered business.
Copyrights and wars over them all end up in Courts. He who has the certificate of ownership wins.
Now , pertaining to using the song, especially a nice Gospel song. After you copyright it your best case would be to find someone else to publish it who is central to Gospel music. This doesn't apply to just Gospel songs, any song. The most difficult task a song writer has is not the copyright, it's getting a known/established Publishing Company to publish.
The odds that someone is going to take an unknown Gospel song, record it and make a million is higher than winning the lottery. Most major lables or artists are NOT going to use a song that they cannot get the paperwork trail to. In fact, they won't even accept being handed a song or listening to a song that is NOT GIVEN to them by the Publishers for fear of being sued the other direction, meaning someone will sue them claiming they handed them a song last year and now it is a big hit. They are more afraid of that than you are of someone stealing a song.
If there is an intent to write songs, publish them and get them out there for artists, then is is best to join all of the song writers associations that are linked with publishers.
The former" Back Door" method is almost extinct these days. To many Lawyers.
here's the cycle these days...
writer > Publisher > Artist/lable...
here the lawsuit path..
Plaintiff >>> Artist /lable
which turns into
Artist/Lable >>> Publisher
which ends up
Plaintiff >>> Publisher
The Publisher guarantees to the Artist/Lable that the song is used correctly. They are fully liable, not the artist/lable.
t[This message was edited by Tony Prior on 21 December 2006 at 03:21 AM.] |
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JAMES BANKS
From:
Mineola,TX USA
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Posted 22 Dec 2006 8:19 am
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| Ken, thanks for the link. Tony, thanks for your input. I know his songs are unlikely to make a lot of money. He just said he did not want someone to get a cd of his material, put their name on it and possibley pitch it to some major artist. Some of his songs are comparable to I Believe, Me and God, and some others that are doing great as inspirational country songs and getting lots of play time on major stations. Thanks for your help. I think we will just go to a studio, record a cd and copyright the whole thing before we start duplication. James |
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