I need some copywright help!!!

metrodollar

metrodollar

New member
Hey fp whats up. I am new to the whole copywright thing and I wanted to know if you guys could help lead me in the right direction. I have a production team and we have a few beats that we made that will be on a artist up coming album. I am cool with the artist and we are working with him under our production team(we are not a record label). I did not charge him for the beats but I will get paid from him on the back end from album sales. I know I need to copywright the beats and I plan on doing so as a compliation but after I copywright the beats. Does the song need to be copywritten as well?( I am sure it does) Since I will already have the beat copywritten does the composer of the instrumental have to be in the new copywright for the song with vocals as well???? I am not sure the best way to go about it any help would be greatly appreicated thanks.
 
This all depends on what type of deal you agree(d) to with the artist, and what you _GET IN WRITING_! (I can't stress that enough). "Back End Deals" with independent artists usually don't work-out so well, but at least get an expressly detailed agreement in writing. It can even include you getting paid a certain amount (which would have/should have been your fee) after a certain number of sales (say, 1,000), separate from any points/royalty over-ride you may have negotiated. Make sure you cover all possible bases-- define what a "release" is (including CD's, LP's, tapes, Mp3's, Wave files, any possible video formats, etc., etc.).

As to the copyright filing issues (BTW, it is "Copyright," as in "Copy Rights," not "copywrite," which is writing copy for news releases or public service anouncements or advertising, etc.): There is no one answer, because there are so many factors involved. Are you planning to retain rights, or are you selling them outright (highly unadvisable, but that is what so many people seem to be doing nowadays)? Is publishing/co-writing part of your agreement? The problem is, once his or her lyrics are married to your music, they become one piece, and _both_ of you will have rights to _both_ parts (words and music), so think carefully about what you will be doing.

One way would be for you to file copyright on your beat compilation now, then pull the one song that will be for the artist/co-writing situation with what is called a "change form." You can find out about the specifics at the Library of Congress site on-line; www.loc.gov .

I suggest that you really get your knowledge of copyrights, publishing, and general music business together, if you are representing a group of people in your production team, and perhaps have an attorney draw-up some contracts based-on different scenarios that you might be selling/leasing/licensing/exploiting your music. It is so easy to get ripped-off one-thousand ways in the music business, but you don't want to avoid good opportunities due to fear or lack of knowledge either. A couple of good authors that have written great music business primers include Donald Passman, Kashif, and Moses Avalon. Moses Avalon also has an artist-advocacy website. Better get crackin'.

GJ
 
But once they are "one song," there will be a de facto copyright in that song itself (the two parts together, words & music), whether an LOC Copyright form is filed or not. It's just better to file rather than not (long story to get into now; read the LOC copyright circulars and study some music biz for more specific info)... Soooo, back to square one-- it's really up to whatever the two of you agree to, and then GET DOWN ON PAPER. Once the two parts come together, it's very hard (legally speaking) to take them apart. If it's recorded and then released to the public in any way, it will be one song, with both parties having equal rights to all parts (barring some agreement to the contrary that you should get in-place now; also, this assumes that you will have given him permission to add the lyrics to your beat-- nobody can just randomly grab someone else's music and add lyrics without permission and then be able to file copyright on that derivative work, unless it's already in the public domain).

Plus, if you ever want to collect any royalties or income that may eventually come from the song in the future, you want one copyright filed, not two sets, one with lyrics and one with music.

GJ
 
rhythmgj said:
But once they are "one song," there will be a de facto copyright in that song itself (the two parts together, words & music), whether an LOC Copyright form is filed or not. It's just better to file rather than not (long story to get into now; read the LOC copyright circulars and study some music biz for more specific info)... Soooo, back to square one-- it's really up to whatever the two of you agree to, and then GET DOWN ON PAPER. Once the two parts come together, it's very hard (legally speaking) to take them apart. If it's recorded and then released to the public in any way, it will be one song, with both parties having equal rights to all parts (barring some agreement to the contrary that you should get in-place now; also, this assumes that you will have given him permission to add the lyrics to your beat-- nobody can just randomly grab someone else's music and add lyrics without permission and then be able to file copyright on that derivative work, unless it's already in the public domain).

Plus, if you ever want to collect any royalties or income that may eventually come from the song in the future, you want one copyright filed, not two sets, one with lyrics and one with music.

GJ
Click to expand...

Good point but I just like to add if each partner owns their own part it would automatically be a 50/50 deal once the song comes together. I went through this with 2 tracks I landed with time warner years ago
 
Last edited:
You must log in or register to reply here.
Back
Top