Music Business/Law Tips - "Copyright Changes Coming?"

With the advent of new media, there is pressure for the Copyright Office to update certain laws that affect songwriters, record labels and music publishers. The 4 key areas currently under review for potential reform in the United States are the following: 1. Higher digital performance royalties for publishers (as right now the record label’s share is 10-12 times more). 2. Create one stop shop global music rights organizations that would administer performance, mechanical and digital rights all in one place for easy licensing (as opposed to having many different organizations handle each individual right). 3. Pay record labels and recording artists for airplay on AM/FM radio (as right now only songwriters get paid). 4. Recognize a copyright in pre-1972 sound recordings so that royalties can be paid for those (as right now only post-1972 recordings have federal copyright protection so Sirius/XM and Pandora do not have to pay SoundExchange royalties for those). Note that Congress has no obligation to change the existing laws, and if any changes are forthcoming they might take years and be watered down. It’s all about politics and who has the most influence. Stay tuned. Ben McLane Esq Benmclane.com

Music Business/Law Tips - "Synch License Key Points"

If an artist’s music is placed in a TV show, film, or advertisement, that is called a “Synch License” (i.e., the music is played in synchronization with a visual image). Contract terms vary depending on the artist, song and program, but the following key points should always be addressed: 1. Fee. Anything is better than 0. 2. Scope of use. Be specific on how the music will be used. 3. Non-exclusive license. Make sure the usage is not an exclusive license. 4. Credit. Make sure the name of the song, performer, songwriter, publisher and performance rights society (i.e., BMI, ASCAP or SESAC) are clarified so that back-end performance income once the spot airs can be properly tracked/paid. 5. Cue sheet. Make sure that the producer of the content sends a cue sheet to the applicable performance rights society so it can track the play and pay the songwriters. 6. Permission. Make sure all the performers on the master and songwriters of the song are OK with the usage, and that the person signing the deal has authority to speak for all. Ben McLane Esq Benmclane.com

Music Business/Law Tips - "Digital Frontier"

Mass media has gone primarily digital which means new opportunities for artists, songwriters, producers and performers to make money. One of the biggest factors is that in faraway lands with huge populations like China, India, Russia and Mexico, cellphones have proliferated so almost everyone in the world one day will be able access music and discover talent which should lead to new income on multiple levels, where before that was not the case (i.e., streaming, downloading, licensing, internet radio, etc.). Another cause is Internet sites like YouTube which can create viral exposure worldwide for almost no cost. Of course talent needs to make sure they are in a position to collect by joining organizations in advance like BMI/ASCAP/SESAC and Sound Exchange. Ben McLane Esq Benmclane.com