Self Publishing and Copyright Q&A

Replies to This Discussion

Permalink Reply by Al Hilgendorf on May 10, 2009 at 10:56pm

Self publishing is not as complicated as you may think. There are lots of good books on the subject. If you have printed or recorded your songs and plan to distribute them yourself, then come up with a name and "ding" , you're a publisher. You don't need to join a PRO (performing rights org.) unless you are going to try to get your music on the radio, but it is free and it will keep someone else from naming their company the same as yours. I belong to ASCAP but BMI has a strong Christian base too. SESAC seems to lean more toward classical music but all three can be easily researched on the web. Also, look at the recordings of your favorite writers and see which one they belong to. I also registered my company locally as a small business, but then you have to keep good records and report income, etc.

On collaboration: If three different copywritten songs are being used for one project, then when the whole project is registered (as a sound recording) there will be a place on the form where you can indicate various authors.


These are short answers and others will elaborate here I'm sure. A couple of books that were very helpful to me: The Plain and Simple Guide to Music Publishing by Randall D. Wixen and Making Music Make Money by Eric Beall (this one has some R rated language though)

Blessings on your endeavors!

Al Hilgendorf
www.everydaypraise.com

Permalink Reply by Bizzy Bender on May 11, 2009 at 11:15am

thanks Al!! very informative. I am registered with BMI and I picked a name so I guess I am a self published songwriter!!
peace
bizzy

Permalink Reply by Deonna on May 11, 2009 at 11:23pm

Did they charge you a fee to register as a publisher?

Permalink Reply by Deonna on May 11, 2009 at 11:23pm

Thanks for the info!
I'm leaning toward ASCAP because I just read that ASCAP is free whether you're a songwriter or publisher but BMI charges a fee ($150) if you're a publisher...not sure the accuracy of the info so I'm still researching. But I've heard a lot of people recommend BMI. Still, when I look at the fee compared to what I hear people are receiving as royalties it does not seem profitable to me.
I read that SESAC only allows and invites certain people to join?
Thanks for the suggestions & help. :-)

Permalink Reply by Al Hilgendorf on May 21, 2009 at 6:30pm

I wasn't aware of any BMI fee, but the bottom line is: How much do you think your recording is going to be played on radio and how much do you think you can collect from that? In my case, not much, so I would go with the freebie. I basically joined so that my name "EverydayPraise Publishing" would be registered with a PRO and so nobody else would be able to use it.

al
www.everydaypraise.com

Permalink Reply by Al Hilgendorf on May 21, 2009 at 6:35pm

As a side note, you CAN register with BOTH ASCAP and BMI. All you have to do is change your name a little. For instance, my ASCAP name is EverydayPraise Publishing but I could register with BMI under EverydayPraise Music. This is done by companies who have writers that belong to both PRO's. BUT, I believe you can only register a song with one PRO at a time.

al
www.everydaypraise.com

Permalink Reply by Deonna on May 22, 2009 at 4:23am

I called both and both have fees.
BMI is free to register as a songwriter but $150 to register as a publisher.
ASCAP is $25 to register as a songwriter but only $25 to register as a publisher.

At this time, I do not see my music being played much on the radio but who knows what the future holds. From what I've read, most receive little to nothing in royalties from PRO's if they're not well known so the less money I spend, probably the better in my case.

Permalink Reply by Steven DeMott on April 19, 2012 at 12:03am

There is another difference to be aware of:

With ASCAP - if you are publishing, you must register as a publisher. This really isn't "self-publishing", because the publishing name you choose should then be registered as a business entity in the state you reside for you to be able to legally assert your right to collect publishing royalties.

With BMI - if you register as a songwriter you immediately become a self-publisher. There is no need to register as a publishing entity also. You can assign publishing rights to yourself when you register your songs with them.

In either case, always file appropriate copyright paperwork with the registrar of copyrights to protect your works, regardless of their published status.

HTH

Permalink Reply by Wayne Pau on May 22, 2009 at 4:49am

For #1.

Ok.. I don't know if this works... but once I was told to record your stuff on CD and register mail it to yourself. The idea is that if you ever go back to court one day over the rights to a song, you can show up with the registered mail package, sealed of course and open it in front of the judge to prove that you did indeed write that song a long long time ago.

(I actually did this for a CD a while back... however I don't know where I have put the envelope.)

I guess regular mail would work too, as long as there is a date stamped on it...Or even approaching a registrar or notary public. The idea is that you have something to prove you wrote the song a long time ago.

w.

p.s. I'm not a lawyer... so YMMV.

Permalink Reply by Deonna on May 22, 2009 at 3:53pm

Thanks for the response, Wayne. I had heard this suggested, too (Poor Man's Copyright), BUT from what I've heard and read (it's mentioned on the Copyright website) this really does not protect you if you have to go to court. Songs are technically copywrote the moment you finish penning it but proving it is the issue and that's why they suggest registering it with the copyright office. I am thankful they allow you to register a batch of songs together for one fee and if you upload it via their website, it's cheaper & quicker.

Self publishing is different from copyrighting. I've found out I can self-publish without registering with a PRO but I have to register with a PRO in order to have music played on radios if I'm understanding correctly.

Permalink Reply by Al Hilgendorf on May 24, 2009 at 4:19am

This is true. All the PRO does is collect playlist data from radio stations, clubs, etc. and then pays the songwriter and publisher (50% each) according to the amount of plays. Another thing: If you are self publishing you may want your publishing company to hold the copyright. When I register a batch of songs (they all must be from the same year) I list EverydayPraise Publishing as the copyright owner.

al
www.everydaypraise.com

Permalink Reply by Deonna on May 25, 2009 at 7:31pm

If you don't mind me asking, why do you list your publishing company as the copyright owner?

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