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Re: Music Business Law


Home Forums The Hangout Music Business Law Re: Music Business Law

#29967
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graphite412
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Get on your Nerdy Glasses for another installment of Music Business Law
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9-8-09

Publishers:

-Performing- Bars, theaters,
-Mechanical- Purchases.

-Statutory Rates- the price per minute for mechanical writes for over the radio. 9.1 Cents for songs under five minutes and over five minutes is 1.75 cents/minute. These rates are by law but can be different depending on what is negotiated in the contracts.

If someone is the songwriter/artist they usually get ¾ rate instead of the regular pay Normally the 9.1 cents is split between the publisher and between the songwriter and artist. The publisher gets half. Then the other 50% is split between the songwriter and artist. So if someone is both, instead of getting the full 50% they get 75% of the 50% of the songwriter/artist royalties, and the rest goes to the record label. So what do publishers get paid for? For promotion and collecting royalties on mechanical purchases. The Performance Rights Organizations take care of getting the royalties for performances. It is a good idea to have a publisher that is not a part of the record company.

/*Sampling*- royalties and/or fees are usually a negotiation between the owners of the work being sampled and the one sampling their work. Fair use is not a good idea to rely on. Fair use gives a certain percentage of a work without having to pay for royalties or a fee to use the sample. Sound-a-likes are more popular where a sample is made that sounds a lot like a track from someone else. These are touchy because there is a fine line between whether or not the sample is original or a remake (a cover) of the original tune.

Classical Publishers- Sheet Music is a big income maker. This includes Avant Garde scores. Even if there is no published score the writes can still be owned. Many TV shows and smaller movies won’t have scores published. Scores are sometimes rented especially in Broadway shows.

-Educator Publishers- Many of these publishers send out free material to try to get education institutions to purchase their product.