Saturday, December 27, 2008

Guide To Copyright | part2

Here's part 2 of the Guide to Copyright. It's a bit long but very informative. 
Credits to trabye for this part:

WHAT DOES 'PUBLISH' MEAN?
to have a publishing hold (or right) of your material and to get your songs published are two different things. the former means the song is owned and governed by a specific body (i.e. your publishing company that you and your songs are signed to, whether it's a major publisher or your own rm60 company). the latter means the song is released and available to the public in the form of an album (cassette, cd, lp, md, mp3 etc.). here's a pickle: to safeguard your songs, you need to get a publisher (or be one yourself... more on this later). but to get a publisher, you need to get your songs published first! chicken and egg. this is because the major publisher does not want to manage songs that are not going to be in albums (these are called inactive or non-performing works). but don't fret, there is a solution.

this is what you can do. get your songs recorded onto an album, doesn't matter if it's your own album (but make sure you have intentions to release it soon) or on other artiste's album (also with intent to release). before the album is printed and released, pay a visit to a major publisher and offer to sign up with them (direct or sub-publish, be aware, you need to have your own company for the latter) and mention that you have your works recorded in an album to be released soon. in other words, the status of your works is classified as "will-definitely-be-published-soon". some major publishers will have no problems signing up with this.

GETTING A PUBLISHING DEAL
regarding macp, yes, they can help you with information but better consult a music publisher (even better, a major publisher like any of the following):

1. Universal Music Publishing (my sub-publisher. done a very good job for me to date)
2. EMI Music Publishing (I believe this is still running even though the label has closed down)
3. Warner Chappell Music Publishing
4. Sony Music Publishing (the BMG publishing side is bought over by Universal Music Publishing)

they cover a wider aspect of copyright protection of your songs. why majors? they act internationally. major publishers are best for their influence and track record for managing, marketing (although some are more vigorous and successful than others - talking from experience), detecting digital theft and chasing people for royalties (including macp!), all on your behalf for a certain percentage of the royalties you earn. how much of a percentage? depends on what kind of contract you have (there are two).

1. direct signing - this is where you are signed directly to a publisher. pro: they do all of the above for you, as long as you submit the info regarding your works to them, and promote your songs for local and international artistes/record labels/producers. con: they normally take half of your royalty earnings for doing the aforementioned and they own the rights to your works. so what's the point you ask? look at it this way: some people like to makan gaji, some people like to have their own business. direct signing is like 'makan gaji'. and unless you are a composer with a string of hits, you can negotiate for a higher percentage for yourself. a newbie will normally get a 50/50 deal. for a hit-maker, probably around 70/30 or 75/25, very rarely 80/20, although possible.

2. sub-publishing - this is where you publish your own songs but assign the sub-publisher (the major publishing company) to manage your songs for you. they normally don't promote as aggressively like a direct signing but these days, they are happy for any of their songs to be picked up. pro: you have a bigger royalty cut and you own the rights to your works but... con: they still take a percentage off your earnings (although not as much as a direct signing) and you have to setup a company (sole-proprietor or partnership is accepted). in the album sleeve, your songs will be credited as such:

Title:
Composer: (o.p. s.p. )
Lyricist: - as applicable - 

TRABYE'S ADVICE
my advise to everyone not in the know is this: sign up with a trusted publisher of your choice. by saying this, i mean, some people prefer big publishers, some don't. the best way for me thus far, is register a sole-proprietorship/partnership (rm60) company (sdn. bhd. can come in later when you have more works and are serious about publishing as a business), and get a sub-publisher's contract with a major publishing.

and if you think you can publish it all on your own, here's a list of headaches for you to deal with:
1. monitor release or ALL albums EVERY month, make sure no one infringes your rights
2. chase EVERY record label for mechanical royalties
3. monitor EVERY SINGLE ringtone company for infringements
4. malaysia is already too wide to cover but the world?Huh i mean, c'mon!

conclusion: just sign up!  Grin



hope this helps. cheers!

No comments: