Question about licenses and copyright.

Psytrux

Psytrux

New member
First off thank you for taking the time to read and hopefully answer my questions.

I've been producing for a few years now and some people have been telling me I should start selling my beats. The only thing that still puzzles me is if I copyright an instrumental and sell a basic license to an independent artist (via, soundcloud,youtube, ect.), would that make it harder for the artist to release? I'd like to sign up to ascap to get all my publishing/writing rights because its now a copyrighted instrumental but I don't want to make it more difficult for the independent artist to jump through hoops just to release a track. I think contracts for that get written up if I was working with a bigger artist with a label if I sell them the exclusive license but I'm pretty new to the game and want to make sure I'm doing everything the right way.

Thanks!
~Psytrux
 
Here's the honest Truth: The best advice you could probably receive is to read up on Copyrights, PRO's, Licensing and Publishing so you can understand "how they work" and how they can work for you. I know its not the magic pill remedy you probably were hoping for but is truly the only way you can prevent yourself from feeling played..

That being said, there are no simple answers to this but here's my $.02:

"if I copyright an instrumental and sell a basic license to an independent artist (via, soundcloud,youtube, ect.), would that make it harder for the artist to release?"

When you copyright your work you are just registering your work with the government. Regardless if you choose to register it or not, your work is automatically copyrighted by you [to you] by default as soon as its made [in tangible form].

Read more here.


So when you sell a license to use your beat, (a basic license for example) you are granting someone the rights to use your work (beat) within their work (their song) under the conditions you state. You are not giving them your copyright ownership (unless you state otherwise in your agreement - like in a "work for hire" where you are releasing your rights to copyright ownership).

A song with 2 copyrights? Yep.

Even though you have chosen to register the copyright to your beat, the person who uses your beat can still copyright their song (with your work (beat) contained in it) separate of your registration even if they don't have a valid license from you to use your work within their work.

BUT!

Legally, they only control and own their work (again: unless you state otherwise in your agreement - like in a "work for hire" where you are releasing your rights to copyright ownership).

On a side note: I was recently watching a YouTube where a producer was going through "a thing" because he was not receiving performance royalties for his work because he was not included in the song registration. <-- an ugly side of the game ~ and only worth pursuing (IMO) if the song(s) do big numbers... I think in his case the single was doing millions of streams <-- definitely worth pursuing...

Back on topic:

"I'd like to sign up to ascap to get all my publishing/writing rights.."


The short version: PRO's collect (royalties) money on your behalf for performances of your work.

Signing up with a PRO does not guarantee royalty collections for your percentage of work in their song if you weren't even on a song registration with the artist to begin with (as stated above).

So when licensing beats you will have to do your homework (and be on top of your stuff) to make sure you are on the song registration if you want to collect.

"I think contracts for that get written up if I was working with a bigger artist with a label if I sell them the exclusive license but I'm pretty new to the game and want to make sure I'm doing everything the right way..."

And.....I'm gonna stop right here.

Google this stuff as mentioned in the first paragraph or you can buy this book.

Because as you can see - It gets deep.

So its best arm yourself with knowledge.

Good luck.

:cheers:
 
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Thank you for the very detailed response! The music industry is indeed very deep and seems to be a whole web of complexity. In terms of "Making it harder for them to release" I simply mean if I was to copyright a work and register it, would it be difficult for them to release a youtube music video for instance because of how annoying the flagging system works on youtube, or am I just being paranoid?
 
Psytrux said:
Thank you for the very detailed response! The music industry is indeed very deep and seems to be a whole web of complexity. In terms of "Making it harder for them to release" I simply mean if I was to copyright a work and register it, would it be difficult for them to release a youtube music video for instance because of how annoying the flagging system works on youtube, or am I just being paranoid?
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No.

As long as the licensee has permission to use the beat he /she can dispute the claim and all *should* eventually work itself out.

On a side note: When YouTube initially sent out the content id notifications I was getting a bunch of emails from artists because of how the notifications appeared. Now they've "toned them down" so they are more informative versus alarming.
 
Ah ok I see now! Thank you again for your response! I'm happy to know that producers like you, that have been in the game for a while, are still open to helping newbies like me :)
 
No prob.

Note: I am in no way an authority on any of this stuff so do yourself a huge favor and educate yourself.

Good luck
 
question

Hey I have a question my friend just got exclusive rights to a beat..and I seen where the producer has 100% publishing and he has 0% publishing and that's all I seen so far I really don't know much about music rights with exclusive rights and I just wanna know does the producer has 100% of everything and my friend the songwriter has none??? And the deal was royalty free he paid 100 for exclusive right and that was the deal for this whole month
 
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Carlito2123 said:
Hey I have a question my friend just got exclusive rights to a beat..and I seen where the producer has 100% publishing and he has 0% publishing and that's all I seen so far I really don't know much about music rights with exclusive rights and I just wanna know does the producer has 100% of everything and my friend the songwriter has none??? And the deal was royalty free he paid 100 for exclusive right and that was the deal for this whole month
Click to expand...

TBH the best thing your friend can do is:

1. Read up on publishing and royalties (Check that link in my previous post)

and then

2. contact the producer who sold him the beat so they can get on the same page.


Truthfully, most cats who are serious about their music careers want to do sh*t right.


The key to that is to get educated - so read up.

1
 
>>>>So when you sell a license to use your beat, (a basic license for example) you are granting someone the rights to use your work (beat) within their work (their song) under the conditions you state. You are not giving them your copyright ownership (unless you state otherwise in your agreement - like in a "work for hire" where you are releasing your rights to copyright ownership).

A song with 2 copyrights? Yep.

Even though you have chosen to register the copyright to your beat, the person who uses your beat can still copyright their song (with your work (beat) contained in it) separate of your registration even if they don't have a valid license from you to use your work within their work.

BUT!

Legally, they only control and own their work (again: unless you state otherwise in your agreement - like in a "work for hire" where you are releasing your rights to copyright ownership).<<<<

This is where things get murky, because while it is true that in common practice, as far as Rap/Hip-Hop is concerned, this is done all the time, I'm quite sure that actual copyright law does not support this conclusion. I am waiting for the right court case, and I will definitely have popcorn for that particular show.

From my understanding throughout all of my years in music, when you grant someone the right to modify your work (such as with lyrics-- this is called a "derivative work"), effectively granting them a "co-write," the combined song becomes one entity, as far as the publishing business is concerned. Meaning, it is a common misunderstanding that "they own the words, I own the music," when in fact, from that point on, you both own both. So you are giving away rights, if you want to look at it that way. But of course, I'm not an attorney, which you should definitely consult with...
 
Shands said:
Great info. Love the way you explain things sftraxx
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Hey, I'm still learning my d*mn self.

The publishing side of this game seems to be where most cats get tripped up (myself included).

Copyright ownership [to me] is a little more straight forward.
 
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rhythmgj said:
From my understanding throughout all of my years in music, when you grant someone the right to modify your work (such as with lyrics-- this is called a "derivative work"), effectively granting them a "co-write," the combined song becomes one entity, as far as the publishing business is concerned. Meaning, it is a common misunderstanding that "they own the words, I own the music," when in fact, from that point on, you both own both. So you are giving away rights, if you want to look at it that way. But of course, I'm not an attorney, which you should definitely consult with...
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@rhythmgj

What do you think would be a good way for a Beatmaker / Hip Hop Producer to approach publishing splits in the non-exclusive licensing (leasing) realm?
 
Well, that's the thing-- "non-exclusive" doesn't really exist anywhere in the music business other than in licensing/production music (due to some companies allowing composers multiple agreements, but that doesn't usually change the copyright), and in Hip-Hop, which has always stubbornly gone its own way (with positive and negative outcomes). Something similar, "syndication" exists in the jingle world, but again, runs a little differently.

I would think, that anyone licensing/"leasing" a non-exclusive beat would want to structure their agreement more like a licensing agreement or a jingle syndication contract, where the very clear copyright ownership is with the composer/producer, and somewhere therein would include some language explicitly stating that any derivative works to be released publicly would become property of the producer, or at least need approval (which could then roll it into an "exclusive" agreement with a split sheet and amended copyright paperwork etc., etc.).

But, I'm not a lawyer, I've just had some experience with this stuff and have studied it as closely as possible from that non-attorney perspective. I do know that this odd Hip-Hop convention, regardless of how long it's been around or how common a practice it is, will eventually blow-up in someone's proverbial face with a landmark lawsuit. Until then, we just wait and can only speculate.
 
rhythmgj said:
... include some language explicitly stating that any derivative works to be released publicly would become property of the producer, or at least need approval (which could then roll it into an "exclusive" agreement with a split sheet and amended copyright paperwork etc., etc.)..
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I think this is where things would get tricky.

Because truthfully a lot of the Artists that buy beats online (from my experience) ignore the details of the licensing agreement.

Plus a lot just aren't really looking to build a one-on-one relationship with the Producer* (Now don't get me wrong here, I've built some solid connects online but getting an artist to agree that the [completed] derivative work will become property of both of us will be a hard push. Most cats look at the Producer as more of "a featured artist" at best - and typically will only list your name if they feel they can tap into your fan base by doing so. <-- #facts

I think the thought process goes something like: "I'm gonna by a lease to use this, then if it starts to blow up I'll buy the Exclusive. This way I own it (as a work for hire) and won't owe anybody anything.

I'll admit it, the beat licensing structure is hugely flawed.

I think the best way for the way you mentioned to work is by building up your name and then separating yourself from the masses through quality and a higher price point. Unfortunately, the downside to that approach is that you are going to cut out a huge chunk of the market ~ and possibly your profits as well...
 
Oh, there's no question that it's weird and "sticky," but that ultimately is the end result of cats undercutting each other to the point of near extinction. From what I understand, Hip-Hop producers have always preferred fast cash work-for-hire buyouts to the intricacies of the "proper" publishing business. But at least back in the day, tracks were sold for a minimum of $10,000, instead of online specials "this month only- exclusives $10." People never seem to understand when they're cutting off their own nose to spite their own face.

I know it would be hard to get an artist to sign the type of paperwork I described, but in reality, without an agreement to the contrary, it works out exactly that way anyway (both people owning a part share of the total song copyright). The fact that this hasn't yet been exposed by legal action, doesn't change that. Better to approach collaborations with artists as a co-writing situation, and call it that from the get-go.
 
SFTRAXX said:
TBH the best thing your friend can do is:

1. Read up on publishing and royalties (Check that link in my previous post)

and then

2. contact the producer who sold him the beat so they can get on the same page.


Truthfully, most cats who are serious about their music careers want to do sh*t right.


The key to that is to get educated - so read up.

1
Click to expand...


Ok thanks and he had contact the producer the producer told him that he owns 100% of publishing and its royalty free from what the producer said and he also said that My friend will get 50% for writers and he keep 50% for Composing but I wanna ask you do you think he's tryin to get over on my friend because even though he said to my friend that he can sign up saying he..(my friend) owns 100% publishing but in the license agreement it said that the producer owns 100% publishing and he say its only for this month this is his deal for this Month exclusive rights 100$,buy royalty free 100% publishing..so I'm asking you do you think he trying to get over him or not ?
 
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That is a really long sentence that is very hard to track. Seeing the actual verbiage might help.
 
SFTRAXX said:
TBH the best thing your friend can do is:

1. Read up on publishing and royalties (Check that link in my previous post)

and then

2. contact the producer who sold him the beat so they can get on the same page.


Truthfully, most cats who are serious about their music careers want to do sh*t right.


The key to that is to get educated - so read up.

1
Click to expand...

Ok thanks and he had contact the producer the producer told him that he owns 100% of publishing and its royalty free from what the producer said and he also said that My friend will get 50% for writers and he keep 50% for Composing but I wanna ask you do you think he's tryin to get over on my friend because even though he said to my friend can sign up saying my friend owns 100% publishing on bmi cause that is who he is associated with but in the license agreement it said that the producer owns 100% publishing and he say its only for this month this is his deal for this Month exclusive rights 100$ royalty free 100% publishing..so I'm asking you do you think he trying to get over him or not ?
 
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