Originally Posted By: Pat Marr
exactly Bob.

The astonishing thing to me is that once BMI and ASCAP get involved, a songwriter almost never ends up owning the rights to his own songs.

When the same phenomenon repeats virtually 100% of the time, it isn't an accident. Its the inevitable conclusion to a messed up system that Systematically separates the creators from their creations.

It may be backed up by laws, but that's still messed up.




Well, that's kinda true... but... not exactly the whole truth.

Let me explain.

As a song writer, you own 100% of the writer and publisher share of the song. (under US copyright laws) That is a total of 200% with each part being 100%.

Unless you are SELF PUBLISHING the song, you are probably asking a publisher to help you plug that song to artists and opportunities. You sign a contract releasing your rights of controlling ownership to that publisher at a pre-determined split of the writer's share and the publisher's share. In most cases, that is a 50/50 split with the writer retaining 100% of the writer's share and the publisher retaining 100% of the publishers share. The publisher will generally, in that agreement secure 100% controlling ownership of the song at that time, in accordance with the contract terms. I said "generally" because in an exclusive deal you do relinquish all the ownership rights, but in a non-exclusive deal, you actually retain some (or all) of the ownership rights. That's why you need to understand what you are signing.

To this point neither ASCAP nor BMI is involved.

The new owner.... the publisher will now do 2 things and hopefully a third.
1. they will register a copyright as the owner of the song in their name referencing any existing copyright the writer may ahve obtained earlier.
2. they will now, register the song with the PRO you and they are associated with. It is possible for a writer to register the song earlier as well. However, that registration will need to be changed to indicate the publisher's ownership of the publisher's share since all registrations with a PRO must equal 200%. Unpublished songs automatically have both writer & publisher share assigned to the writer if no publisher is listed when a writer registers the song.
3. hopefully, the publisher will also get the song "published" and get you a cut.

When ASCAP, BMI, or any other PRO is brought in, their job is to collect the performance royalties and pay the 2 parties.

So... in most cases, by the time ASCAP or BMI get involved, the song ownership has already changed hands and it's on no way related to or caused by association of the song with the PRO.

I've said this before, but I will reiterate it here again. I don't copyright my songs, nor do I register them with my PRO. I'm not worried about someone stealing the music. I trust the publishers and libraries I work with to be honest. (if I don't trust them, why would I work with them?) The publishers, when they sign my songs handle the paperwork and expense of the copyright and the BMI registration. Some publishers have asked me to register the song with BMI, but not many. I've had one major film/tv library president ask me to let them handle all that paperwork.

I sent 40+ songs and cues to a major TV library for a big A&E hit show last December... The president of the library registered all of them with my PRO. I looked into my BMI account and all the cues and songs were in there with the library at 100% pub share, and me 100% writer's share. That's how it works.

Last edited by Guitarhacker; 06/13/14 07:22 AM.
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www.herbhartley.com
Add nothing that adds nothing to the music.
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