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"Song and Publishing Royalties"
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ROYALTIES
c.2002 McClure & Trowbridge Publishing Ltd
Nashville TN
All rights reserved. Any use is in violation
of Federal Law.
Airplay and Performance Royalties
Performance royalties are collected by Performing
Rights Organizations (PRO's) like Broadcast Music,
Inc. (BMI); the American Society of Composers And
Publishers (ASCAP); and PRS (England) STIM (Sweden)
SGAE (Spain) SIAE (Italy) JASRAC (Japan) SOCAN
(Canada) SESAC (U.S.) and so on.
The PRO pays the writer and publisher directly, for
airplay and live performance. Where does the money
come from? BMI and ASCAP collect annual fees from
restaurants, clubs, casinos, radio stations, and
Internet webcasters. These fees are distributed
among writers and publishers represented by the PRO's.
BMI has signed licensing collection agreements with
the majority of nations on the planet and now collects
over 60% of the world's performance royalties. ASCAP
has similar agreements in place.
Mechanical Royalties
Mechanicals are earned for mechanical copies of
a song, also referred to as a 'work'. Mechanicals
are earned for CD, cassette, sheet music, printing
in books, CD ROM, vinyl, and all "hard copy" forms
of your song. The mechanical rate is stipulated
by the U.S. Library of Congress, Copyright Office,
and changes from time to time. The rate as of the
writing of this article is $0.08 per unit. This
is split following the contract you signed with
your publisher.
The manufacturer of the medium pays the royalty
to your publisher, who distributes it to the
writers of the work.
Synchronization Royalties
Synchronization royalties are paid for "synch licenses"
for use of music in video, DVD ROM, movies, and news
tracks. Some jingles are licensed in synchronization.
There is no set statutory synchronization royalty rate;
they are negotiated individually. The Harry Fox
Agency discontinued their handling of synch licenses
this year 2002.
Synch licenses are also negotiated for live media
(plays and live theatre) and new media (mp3, wav, and
DVD ROM.) Obviously this is an emerging and evolving
area of licensing and royalty earnings, and the law
is being decided now.
Compulsory Licenses
There is a class of songs for which mechanical licenses
are required and the copyright holder may not refuse
to grant license. These are compulsory licenses, and
always follow the statutory rate set by the U.S. Library
of Congress.
Recording Licenses
The recorded interpretation or version of a song is
intellectual property too. The sound recording is
licensable with a recording license. This is
completely separate from ownership of the song.
c.2002 McClure & Trowbridge Publishing Ltd
Nashville TN
All rights reserved. Any use is in violation
of Federal Law.
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