responding to a few points from several conversations above.

Experiment to see if one can get royalties on original songs in a night club..... yeah, that won't work for a number of reasons. I mentioned that there is a formula the PRO's use. It's heavily weighted to the songs that are on TV, radio, and being sold as CD's in stores. Songs that get good rotation in the major radio markets get the advantage through the sheer numbers of spins. Songs that are actually on the charts. Since the songs only generate a few cents per airplay, it takes massive numbers of spins to get any real money happening.

They would also need to have registered the songs with their PRO first. If the songs are not registered, the PRO doesn't know they even exist or who to pay. Second, they would need to have generated enough radio spins to get on the PRO's radar with the formula used. Since most original local bands can't get more than a few spins on a back water tiny local radio station (at best) without the backing of a big label, there's no way they even factor into the formula at any significant level. Third, the PRO isn't going to cut a check for 12cents.



Copyright laws don't care who the songwriter is. They care who owns the copyright. In the example of Lennon & Yoko, John's work is owned by a publisher. The money generated in royalties goes to the publisher and the songwriter. Generally a 50/50 split. Since John is dead, the income stream still goes to his heirs. When Yoko dies, likely Julien, their son, will inherit that royalty income stream. Intellectual property rights are passed down just like real property rights.

When I sign a song with a publisher, it's either a non-exclusive signing, meaning I'm still free to use it and sign it with other publishers and libraries for anyone to use....or..... it's an exclusive signing. Exclusive means that no one else can sign it. I am signing 100% of my rights and ownership of that song away to the publisher or the library. At that point, I don't own it and if I wish to record that song, legally, I need to get the permission in writing to do so from the publisher. People who are not familiar with publishers and libraries think this is a bad deal. "You don't own your own song anymore"!!! Exactly right. BUT.... the contract I signed is a legal document and it specifies how much compensation I get in every instance the song is used by someone else. So regardless, I get paid. Even if the publisher's catalog is sold, that original contract remains in force.

A number of the songs I wrote are placed with publishers and libraries. Depending on the contracts I have signed..... some of those songs, I no longer own. Even though I wrote the song, I don't own it, the publisher I signed it with owns it, and my rights as to recording it and what I can do with it are subject to the wording of that contract. I could be sued (or at least warned to cease & desist) if I violate that contract. With some other contracts, I still retain some rights. No matter what the contract specifies, I get credit as the writer and I get the agreed percentage (50%) of the income royalties and license fees for my lifetime and when I die, it will go to my heirs.... my daughters, and if the songs are still making money at that point in time, to their children. All of the published and signed songs are listed in my PRO account with the publisher. The PRO pays each of us from performance royalties. The publisher/library pays me direct from licensing fees. Since all my songs are TV/Film at this point, there are no mechanicals from actual sale of records and CD's.


FAIR USE? For all practical purposes, there is no such thing in copyright. That is a myth. Anyone using any portion of the work of another person must pay the copyright owner for that use. Exemptions exist in limited areas for educational purposes in mostly a classroom setting.

You can find my music at:
www.herbhartley.com
Add nothing that adds nothing to the music.
You can make excuses or you can make progress but not both.

The magic you are looking for is in the work you are avoiding.