Hi, Kurt! Since I am an independent artist can my publishing company also be my label by which all my music will be released under? sorry if this seems jumbled lol, i have so many concerns. I used to mess around with cassettes as a kid, and with the advent of digital technology, I started home recording in 2013, and continue to improve. Have a great day and I look to hear from you soon. in your name) for now. In this case there is no need in creating your own publishi g company, right? Being quite the cautious sort, I was looking at forming an LLC for publishing, in the event of a law suit. When it comes to getting paid for performances, it’s SOCAN’s business to take care of you and your songwriters. (I didn’t specify, but I own my masters, and I am the sole contributor to all aspects of my music production). This article is very encouraging! (This is unclear to me.). You never give me feed back this is like the fifth time im writin you. although indie he does mostly everything on his own. When your songs are earning enough revenue, it makes sense to incorporate to allow the publisher’s share of revenue to flow through a company rather than you individually, and thereby be taxed at a much lower corporate rate. A former teen model, she was a top four finalist on the first season of La Voix (the Québec franchised of The Voice TV show), where she sang for more than two million viewers every week. “songs”).A good music publisher has the knowledge and contacts to … If songs are the fuel of the music industry, then publishers are the vehicles these musical works travel through. Does the publishing company need to be the same name as my writers side ? Major publisher allows [the arranger/orchestrator] to “Retain the payment of $7,000 USD without further obligation to major publisher If your songs are earning under a few thousand dollars a year, it doesn’t likely justify the costs of incorporation and maintenance of the company. How about Songtrust? so my #1 questions is should i be signed with a publishing company that is owned by another producer. Most bands incorporate at some point, for tax benefits and limited liability. Pingback: Part 2: A Beginner's Guide To Hiring A Music Producer - KYLEDEVINE.COM. Thank you for your advice. This doesn’t seem right to me. There are few scenarios that might indicate that the time is right. If the songs were previously copyrighted in your name, you need to file an assignment transferring them to the publisher’s name.”. I am confused because your article seems to say that a composer can register a song as self published to get 100% of royalties. /* Content Template: FAQ Template - start */ Deciding to self-publish your book is both exciting and nerve-wracking. I have never sent material, as I am not the trusting soul that I was many years ago. Then it would be beneficial to create my own publishing company for the 50% of the publisher’s share to be taxed at a lower corporate rate? Invest & Career . At what point should I consider getting an entertainment attorney; at the beginning of my career? Correct. Required fields are marked *. just want to get some clarity if i should commence with that. Is there a specific form that I must use in order to complete this transfer? (CD Baby) to issue licenses to those who want to cover my songs or use it in tv, radio, etc? Here I am talking like I have a hit on my hands It is just my nature, and I am wondering what your advice would be: 1. KDP pays out 35% or 70% of the book’s price, depending on the option you choose.KDP offers a very unique program with KDP Select as well. im just skeptical about a publishing company that i was signed to for 3 years. Upon doing so the 50% publisher’s share of performance royalties will be paid by the PRO to my publishing company? In high school – in the 1980’s – I would try to pitch songs to country artists. Due to the COVID-19 pandemic, the Travel Assistance Program has been suspended until further notice. The collection organization (the CMRRA or SOCAN) grants mechanical licenses to people or organizations who want to reproduce music for public sale or broadcast, in exchange for the payment of license fees, which it then distributes as royalties to the songwriters, composers, and music publishers … But you are saying this is not true. Some big names are as well, where they create their own pub company and might get the assistance of a bigger pub house like Warner Chappell etc. Yes, registering as 100% writer is the same as self-publishing. /* Content Template: FAQ Template - end */ There are many ways to protect him and his music. Once you establish that you’d like to self publish, call your performing rights organization (PRO). So in your case, it sounds like it’s not worth it to be self-published. As long as you’re registered as a writer with SOCAN in Canada and ASCAP/BMI in the USA, you will receive 100% of the publishing … All Rights Reserved. But as I mentioned above, if you’ve not signed a deal with a publishing company, you are considered both the songwriter AND the publisher. You’ve likely noticed, while perusing the fine print in the liner notes of your favorite albums, that nearly all major artists have created their own publishing company. Thanks for this write-up! before proceeding? SOCAN Foundation provides grants for Canadian music creators and publishers working to promote appreciation for Canadian music in todays society. Hi! i own 100% master . SOCAN celebrated Canada’s music publishers for songs that had achieved No. By easy, I mean, make an account with CD Baby, Distrokid, or whomever and put it out there. This whole journey and process is all very new to me, therefore any advice you can give would be so greatly appreciated. From a liability perspective, god forbid you are ever sued for plagiarism, the party suing can only go after the corporation’s assets, not your house and car. I am about to perform on several songs with a band. Do I sign up in my legal name or can I use my artist name? Thank you for the informative article! Owned by Amazon, KDP is the top dog when it comes to self-publishing. 1.) And while thousands of self … Again, the main benefit is taxes, but also limited liability to a certain extent. Once publishing company is successfully created, be sure to register/copyright all songs with copyright office in the name of the publishing company? Sign with a distributor and publishing administrator and just go for it or 2. At SOCAN, we strengthen your business by supporting your songwriters and composers because when we foster their creativity and development, it creates better results for everyone. I can only advise on Canadian companies in this regard. So long as you are registered with BMI, they should in theory be collecting everything for you. Tags:entertainment law, music publishing, musician, publishing company, self-publishing. Awesome Creative Startup for Self Publishing 01. Having your own publishing company makes sense in terms of taxes (once you are making decent money) and for liability protection (they come for the company, LLC? /* Content Template: Member Profile Template (Image Left – text right) - end */ This involves administering the rights of these writers, including issuing licenses, collecting revenues and distributing royalties. Email me to chat further, I’m pretty curious about the above question as well…. So you both would register the song (perhaps 50/50, perhaps some other split) with your PRO, and both have full ownership of the Joint Work. I did register as a songwriter with BMI, and registered with Sound Exchange. You make 100% of the money. could i have a publishing company and still sign with another publishing company.? #3 this pub company is more so boutique as they say, not a major company. Formed in February 2015, the Southeast Ocean and Coastal Acidification Network (SOCAN) is an interdisciplinary network of scientists, resource managers, and industry, non-profit, and government representatives dedicated to supporting and encouraging discussions on ocean and coastal acidification in the Southeast.. SOCAN … Enter in any Album, EP or Music Producer category here, and you’ll receive a free song submission coupon with your receipt, which is good for use throughout the submission period.. Self-released SOCAN … He said that the company i was signed under he stopped working with. I am thinking I should just self publish. Im due to sign with him. admin. If your songs are earning under a few thousand dollars a year, it doesn’t likely justify the costs of incorporation and maintenance of the company. Thank you! Will the orchestrator own copy rights to the Derivative Work and be entitled to royalties going forward? Regarding whether to copyright register a song under the arts/writer name vs. publisher name: In Donald Passman’s book “All You Need to Know About The Music Business,” after detailing how to start a publishing company, including filing a fictitious business name, he states something that is unclear to me: “Register the songs with the Copyright Office in the name of your publishing company. Corporation? You will likely need to be creative in selecting your company name because any name that is identical or too similar to an existing music publishing company will be rejected in order to avoid confusion and the potential of payments being issued to the wrong company. About us Hop on Our Do! As I’m sure you can tell, I’m a bit confused and really in need of some clarity. The you could have a publishing arm of that corp for the publisher’s share of the band’s publishing revenue. SOCAN members can take advantage of one free song submission when they apply for the 18 th annual Independent Music Awards (IMAs). I was wonder if I already have a pro for my writers since 2006 and now I want to start a publishing company for my lofi hip hop I will be release on all platforms . If a major publisher commissions someone to orchestrate an existing big band piece, paying him $7,000 for a work for hire to produce a handwritten conductor’s score…then later… I am writing new lyrics to melodies from the 1980’s. You don’t make twice the money. When is the right time for you? .accordion-content {display: none;} I recently was able to get a A+ level mixing engineer to work on my debut album for a heck of a deal.. and one of my old friends found out and wants to publish it. and went back to his original pub company. I would try to find reviews online and/or from other artists that have worked with this publisher, to see what their track record is like. If you want to create your own pub co, the benefit is that half of those revenues would be taxed at a lower rate through your corp. Hope this helps Jim. Thank you very much! SOCAN recently reported that it revenues grew 8.2% in 2019 – but payments to songwriters and publishers shrunk by 6%. I believe it is very important to begin properly as our beginning has a great impact on that which proceeds afterwards. Furthermore, is it the job of my publishing company or the publishing admin. Thanks for the article! Publisher: Sentric, PRS, 345634567 +Songwriters! Save my name, email, and website in this browser for the next time I comment. This entity would then be the contracting party to the above agreements. Major publisher agrees that “if [orchestrator/arranger] receives an offer to make this arrangement available via third-party print publisher, [major publisher #1], as copyright holder of the original work, will enter into good faith negotiations with said publisher to approve a third-party print license to administer the arrangement. I created my LLC in 2019 and will be releasing my music for the first time soon. I have never copied or sampled anybody’s work, but my career (of which I am now retired) taught me that you don’t have to be in the wrong to be sued, all that mattered was whether or not you could defend yourself. Can! As you, our SOCAN-affiliated publishers, work to achieve performances of the songs and … as an artist, can I transfer ownership of my old songs to my Publishing company once I start one? Can you name a few self-publisher artists? I don’t want to risk my home or other assets. Also, is it necessary to sign with other pro’s in addition to BMI or Ascap? /* ----------------------------------------- */ © 2011 – 2020 Kurt Dahl. so basically i had a 3 year pub contract , with a producer who started has the pub company Smash Coast. It administrates the royalties and affiliets an artist with PRO both as songwriter and publisher. When you sign up for CD Baby Pro Publishing Administration, we will: Affiliate you as a songwriter with a Performing Rights Organization (P.R.O.) I’m a songwriter and I have registered my songs with BMI. One of Spotify Canada’s “Artists to Watch in 2016,” she also won the Breakthrough Artist Award at the SOCAN Montréal Gala in 2017. Also in April 2020, SOCAN … kurt_dahlSeptember 25, 2017Articles, Lawyer News54 Comments. Am I being cynical to think he’s trying to capitalize on future opportunity from my album? /* ----------------------------------------- */ ok so i had a few questions. I have a two part question: My question is if i made the music and produced a record with an artist would i copyright the complete song or just my music? Major publisher agrees to “Released [the arranger/orchestrator] from any and all contractual obligations. However, he then said that he didn’t think I needed to set up a separate publishing company in order to do so (that I could just assign my corporation as the payee) Is that correct? And the 2nd part is: If I want to sell my own sheet music, do I need to open a publishing company or can I sell my sheet music with the self-published option you talk about, without actually having a publishing company? I’d require more info to give a full opinion, and if you’re not in Canada I can’t really advise on the corporate law side of things, but generally speaking – I think your existing company can be used to flow pub revenue through. Remember, being self published and being a successful publisher are two different things, so you may still want to partner with a publishing company when the right opportunity arises. It’s fast and easy to independently publish your print book with CreateSpace, your digital book with Kindle Direct Publishing … All Rights Reserved, © 2011 - 2021 Kurt Dahl. The artist still owns 100% of copyright. Or are they the same thing? See my article here https://lawyerdrummer.com/2014/01/what-rights-do-song-co-writers-have/ on the topic. One thing that confuses me is this idea that having your own publishing company will get you paid twice the money (publishing plus writer). Before registering desired publishing company’s name with the state, be sure the name is available through the PRO, if so create an LLC with the state? This comes from their widespread reach to customers and lucrative royalty offers. So! I want to be sure I correctly understand the process in its proper chronological order. I know the society we live in today, and I would be in no position to defend my personal assets without an LLC. Do I need to copyright and do I need to get a publisher license? If one operates a loan-out company as a musician, would it be permissible and/or advisable that this entity function as a publishing company as well, or should a new entity be created? Since I’m already incorporated for my music teaching business, would it make sense to go ahead and create my own publishing company under my already existing corporation? I have been writing songs for over forty years. And in scenarios like that, how are they typically set up? Kurt this is great info. You can’t “copyright” one part of the song or the other. Great article! I am going to self-publish my EP when registering it on BMI. I am not technically minded by any means and at times I’ve felt like I could pull my hair out in frustration as I learn more to put myself out there! Publishing: Music publishing is the business of acquiring, administering, marketing and promoting musical compositions (i.e. Projects 02. You can’t really divide the two, which is an interesting part of co-writing. When it signed an agreement with Sacem in 2016, SOCAN became the first North American authors’ society to entrust a European collective management organization with a mandate … If songs are the fuel of the music industry, then publishers are the vehicles these musical works travel through. Audiam currently represents the publishing catalogs of: Bob Dylan, Red Hot Chili Peppers, Metallica, Jack White, Jason Mraz, Steve Miller, Hyvetown, Round Hill Music, Imagem, Pretty Lights, Ruthless, Jimmy … I have spent considerable time these past few months learning about how easy it is to distribute a song. If you find yourself licensing music internationally, entering a sub-publishing deal with a foreign publisher, or being offered a co-publishing deal from a third party publisher, the time is right to incorporate your own publishing entity. Licensed To Play is a long-term program with a core objective of encouraging businesses and their customers to think of music as an instrumental aspect of their experience. Besides this, are there any other notable benefits? Once your book has been edited, designed and you have a marketing plan in place, you still have to figure out how you'll publish … Then… Your email address will not be published. Sounds like your questions require fairly in depth answers. 3.) (The 50% writer’s share comes directly to me and is taxed at the regular personal rate which is higher than the corporate rate?). I have a few questions regarding my 16 year old son who is a artist/songwriter, and is currently making music that’s soon to be released. If the money starts flowing in big-time, I’ll start my own publishing company. The 2021 Board of Directors self-nomination process is now open. Thank you so much! I also want to make sure that different types of royalties are paid to me? i dont want to find out later down the road im still signed to that other company. I get the tax benefits for an LLC (I am in the US) and it really is not too expensive to form one in the state where I live; less than $200 and I have a few friends who have LLC’s for their businesses, which are not music related. I have read your article and these comments with great interest. Also, since you said there is no way to assign or transfer writer’s royalties to a publisher, would I then always have to collect those royalties directly and not be able to benefit tax-wise by running them through my corporation? Question: If I wait till down the road to start a publishing company and just sign-up with a P.R.O. He hasn’t done that much music – he has done some but he’s been out of the loop a while. Thank you in advance for taking the time to read my inquiries and provide clarity. Confused of course with music business lol. Or does it still make sense to wait and do this after I start making money with my music? I ust want to make sure that I set things up correctly before I proceed! Brown~, Hi Kurt – I sent you an email with a short background info and quick question. .accordion-content.default {display: block;} I’m getting ready to affiliate with BMI as a new writer. I’d like to know what’s the best way to approach protecting him and his music, while maintaining 100% ownership of his works, since he’s still a minor? Now, you have it in book form -- thoroughly edited, artfully formatted, and wrapped in a gorgeous cover. /* ----------------------------------------- */ How do publishing … Yep, just register as self-published with your PRO and all the $$ will flow to you personally. And feel free to send me the deal they offered you, I’m happy to give my opinion. Life happened and I never took the plunge, though I continued to dabble with writing and really started working on it quite diligently the last 6 years. Hope you got it – looking forward to your reply there! From BMI’s website “In addition to earning twice the money, the other major benefit to self-publishing is that you control all creative and business decisions regarding your songs.”. The revenue split would be divided, but not the ownership. Yeah i got a question for you i resently had a song that was awarded a publishing deal but the thing is im just an independant artist wit a regular day job question is i just dont wanna record in my basement no more an want to do some major releases and get that out the way so i can focus on my next project Tell, I ’ ve been looking everywhere for this easy explanation in April 2020 later down road... 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