By, Wendy Day (seen live at www.YouTube.com/ThisIsWendyDay)
- Have a contractual agreement with the producer who made the beat for your songs. Not only do you need a split sheet, but you need a contract that allows you the right to license the track and explains how and where you plan to use it. The price for using the track will be stipulated as well as how the producer’s credit will appear. If the producer used any samples in the song, you will need to clear the sample, negotiate with the owner of the sample for what percentage of publishing the sample owner receives, and decide who pays for the sample: the artist, the label, or the producer and how the remaining ownership (publishing) will be split. For help with sample clearances see http://www.dmgclearances.com.
- Have a contractual agreement with every singer, feature, background singer, musician, etc that appears on your songs. At the very least, you need a split sheet. But the contractual agreement stipulates if they get paid, how they will be paid, who owns what portion of the song and its publishing, and if there is a credit for their contribution, how that credit will appear.
- Everyone who contributes to a song should agree and sign off on a split sheet in the studio after recording the song. A split sheet states what percentage of the writer’s share and the publisher’s share each person owns. It also contains their name, address, and phone number and the name of their publishing company (and whether it’s affiliated with ASCAP, BMI, or SESAC). Each contributor should sign this split sheet before they leave the studio. All money made from the song will be split according to the split sheet and contractual agreements (except the money paid to the writers and publishers by their respective Performing Rights Organizations—ASCAP, BMI, and SESAC).
- Every writer and producer on the song (those with ownership of the copyright) should fill out a copyright form (form PA) and register their work with the Copyright Office (https://www.copyright.gov/eco/)
- Once you decide to release the song commercially or for free, the person putting out the song and spending the money to market and promote it should fill out a Form SR (sound recording) with the Copyright Office. If you are putting out your own music and are the writer and performer or the producer of the track, you only need to file the Form SR instead of the Form PA. (https://www.copyright.gov)
- Join a Performing Rights Organization (PRO) such as ASCAP, BMI, or SESAC as soon as you believe your music will get played publicly (in bars, clubs, on the radio, or at performances). The PROs collect licensing fees from nightclubs, TV, radio, airplanes, elevators, and jukeboxes and pay the artists and publishers whose music is played there. (http://www.ASCAP.com, http://www.BMI.com, http://www.SESAC.com)
- Join SoundExchange.com, which is the company that collects money for music streamed via non-interactive digital transmissions on cable, satellite and web cast services. This is for the copyright owners of the music, and they also collect money from internet radio stations and websites that play music. (http://www.Soundexchange.com)
- Get an ISRC Code (International Standard Recording Code) for each of your songs (https://www.usisrc.org). The ISRC Code is a unique identifier for each song, and is usually inserted into the metadata of the song during mastering. This is not to be confused with a UPC Code which is the point of sale code that tracks sales of products. The ISRC code identifies each song when it appears in different formats, distribution channels, and places whether internationally across different platforms and services or under different licensing deals. If you aren’t based in the US, go to http://isrc.ifpi.org/en/contact/national-agency-contacts to sign up for an ISRC code. For more information about the codes see http://isrc.ifpi.org/en/.
- If you plan to sell hard copies of your music (CDs or Vinyl), you will need a UPC Code for each product. The overseeing organization, GS1, that supplies bar code numbers can be found at http://www.gs1.org/need-gs1-barcode. However, some CD or vinyl manufacturers will supply one of their bar codes for you to use. This means that the UPC Bar Code will belong to that company, not you. If you aren’t planning on releasing subsequent CDs or Vinyl (CDs are a declining industry), or if you have a small budget, you may not see a need to have your own GS1 account to give unique UPC Bar Codes in your company’s name. GS1 assigns the barcode number, and then you have the number made into a barcode and included in the artwork for printing onto your product (CDs or vinyl, for example). This code is necessary if you plan to sell product in retail stores. It’s also used by SoundScan to track physical sales.
- If you cover a song—meaning a song that you have not written yourself, you need to obtain a mechanical license from the Harry Fox Agency (owned by SESAC). You can search for the song information at http://www.songfile.com or check out how to proceed at https://www.harryfox.com/license_music/. If you happen to know the songwriter yourself, you can negotiate a fee directly with them or submit to them a Notice of Intention to Obtain a Compulsory License from the Copyright Office (https://www.copyright.gov/circs/circ73.pdf) and issue it to them. Here’s more information about this: https://www.law.cornell.edu/cfr/text/37/201.18
TIML Staff
December 21, 2016
Thank you Ms.Day. I follow your movement religiously. You are a very educated woman when it comes to this music industry. Your the reason why Cash Money is what it is today. So we at TIML wanna say thank you for your thoughts that you give us. Very informative
wendyday
January 1, 2017
Thank you, Team TIML!!!
John Cole
January 6, 2017
Hi Ms Wendy 1st I would like to thank you so much for the profound info you give us! I wanted to ask you how would one as an independent artist go @ sharing royalties with another independent artist when I’m digitally distributed through cd baby and their not? Say they’re using reverberation or tunecore do we just print up some royalty split sheets and fill them out? If so what do we do after that and where do we get them from? Just look em up n print them off of the internet? Thanks In advance Love What you do 4 us artists!!
Johnny
January 31, 2017
Hi there Ms Wendy
Thanks a lot for consolidating this whole lot of information. I still have some questions since this is all new to me.
I’m currently living outside of the United States, so do I register my songs for copyright at the copyright.gov site or by living outside of the US I’m can’t apply for copyright with that site? If that’s not the case do you happen to know if there’s an European equivalent for this service?
Same for the royalty sites. Do I need to be an American citizen or do they operate on a worldwide basis?
To finish this up, let’s say I’ve registered my stuff at copyright.org, BMI and SoundExchange. I now want to partner up with a digital distributor. Let’s say, TuneCore. They have the Music Distribution Service, that sends my stuff to the stores and they also have a Music Publishing Administration service.
That Music Publishing Service does:
Collect composition royalties worldwide;
TV and film sync licensing;
YouTube composition royalties;
Get quarterly statements;
Keep 90% of royalties we collect;
Keep 100% copyright ownership;
Get royalties PROs do not get -> that’s what’s intriguing me since I suspect they work with BMI as an intermediate from BMI and you, anyways…
So the final question is, do you think it’s worth to pay 75 bucks for what’s in the above description when I’m already covered by BMI and SoundExchange? This is a one time fee, which means that future songs I had will benefit from it.
Thanks a lot for taking your time to put out a detailed explanation about a complex subject that keeps so many artists bound to labels worldwide. Knowledge is definitely power.
Edel
October 15, 2019
Thank you so much for sharing your knowledge