CAN I RECORD A PREVIOUSLY RECORDED SONG

There are some really great songs out there and you can record any of them if you so choose. However there is a process you must go through. The important thing to remember is , respect the composer. Professional writers work hard at their craft and deserve to be compensated. If you do record  a cover, do it the right way, pay the composer a fair royalty. Remember, we're in this together, so let's play in the sand box like good little boys and share our toys.

 In general, the right to record somebody else's song is called a "mechanical license," and usually it's negotiated in a routine manner between representatives of the copyright holder and the would-be cover artiste. (Outfits like The Harry Fox Agency in New York generally handle the publisher's side.) However, in the rare event that negotiations fail, the copyright laws contain provisions for a type of mechanical license called a "compulsory license," which, in effect, give anyone the right to record any song he or she wants to, as long as notice is given to the song's copyright owners within 30 days after the recording is made and before it is distributed. Compulsory licenses were written into the copyright laws in 1909 in an attempt to break up a monopoly in the piano-roll industry--an industry which has since been pretty well broken up, period. So why negotiate at all? Mainly because the law dictates higher royalty rates and stricter payment schedules for compulsory licenses than you can obtain with the negotiated kind.

But hey, you say, I've just written a couple of can't-miss tunes that I'm sure will rocket to the top of the charts as soon as I can get them recorded. Do I now have to worry that music industry vultures will steal them before I can make my pile? NO WORRIES. The composer's one inalienable right is to decide who will record his song first.

MECHANICAL  ROYALTY RATE CHART

he statutory mechanical royalty rate for physical recordings (such as CDs) andpermanent digital downloads is: 

9.10 Cents per copy for songs 5 minutes or less 
or 
1.75 Cents per minute or fraction thereof, per copy for songs over 5 minutes. *For example: 
5:01 to 6:00 = $.105 (6 x $.0175 = $.105) 
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225) 
7:01 to 8:00 = $.14 (8 x $.0175 = $.14) 

The statutory mechanical royalty rate for ringtones is 24¢ per copy. 

The rates for interactive streams and limited downloads are determined by a number of factors. These include service offering type, licensee type, service revenue, recorded content expense, and applicable performance royalty expense. To view a table of rates, click here. To review the basic criteria for statutory licensing of these formats, click here. 

Licenses issued after March 1, 2009 are subject to interest for late payments of 1.5% a month, or 18% a year. 

These rates will remain in effect until the next schedule of mechanical licensing rates is det

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WRITERS HOW DO I GET PAID ON RECORD SALES

How do I get paid on record sales? This is a common question I get frequently. It can get complicated quick, however I will try to give you the short answer. Also there's the artist side to this. Do I need a license to record another persons song? Once again that can get complicated also. The short answer is yes.

Mechanical Royalties

The COMPULSORY MECHANICAL LICENSE provisions of the Copyright Act are the bread and butter for songwriters. Once a songwriters' composition has been recorded and distributed to the public, copyright registration entitles the songwriter to statutory MECHANICAL ROYALTIES whenever that songwriter's composition is further recorded.

The company putting out the record is required to pay the songwriter a mechanical royalty for each record manufactured. Effective January 1, 2006 the statutory mechanical rate is $.091 for songs 5 minutes or less, or $.0175 per minute or fraction thereof per copy for songs over 5 minutes.

Mechanical royalties can add up to a lot of money. For example, at the current statutory mechanical royalty rate, if your song is less than five minutes and is on a CD which sells one million copies you would be entitled to NINETY ONE THOUSAND ($91,000) DOLLARS.

Because the statutory mechanical rate is increased periodically, it is best to seek payment for a mechanical license keyed to the statutory mechanical rate in effect at the time of manufacture. Record companies, on the other hand, may try to key the rate to that which is in effect at the time of initial release. Thus if a record is reissued many years after its initial release the composer/publisher would get the rate in effect at the time of reissue rather than the lower rate at the time of initial release.

On a practical note, many copyright owners hire the The Harry Fox Agency to issue their mechanical licenses and collect all mechanical royalties due. This saves them much paperwork and hassles.

Due to the various requirements necessary to obtain a compulsory mechanical license many record companies try to negotiate mechanical licenses directly with the copyright owner or its representative.

If this is not possible, perhaps because the copyright owner cannot be determined or located, you should obtain a compulsory mechanical license by complying with all applicable regulations for obtaining a compulsory mechanical license. (See Circular 73 - Compulsory License for Making and Distributing Phonorecords for this information). This is a "safe harbor" approach and by so doing you will be immune from a copyright infringement suit by the copyright owner.

Before obtaining a compulsory mechanical license however, you might want to check the online databases at The Harry Fox Agency, ASCAP, BMI and SESAC to see if you can locate the copyright owner and negotiate a mechanical license directly.

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A NOTE OF ENCOURAGEMENT

Easy Easy Easy, That's the music business. Don't try hard, and you will be successful. All you need is a little talent , sit back, watch and you are certain to be a huge success. Money will begin to roll in, just check your mailbox daily and watch your fortune grow. It's as easy as flipping a coin. Aren't you happy you finally get your ears tickled, and for the first time hear things the way you would  like them to be. By dickens , it would be great if everything I just said was true? Oh well some things never change; like hard work  and perseverance.

LET'S START OUR WEEK BY LOOKING AT PERSEVERANCE

DON'T GIVE UP

FOCUS

There's no denying that perseverance is often required to realize the hopes, dreams, desires and visions we hold for ourselves.

What exactly is perseverance and how can you utilize it to bring about the desired results in your life?
What does perseverance have to do with attracting Abundance and Happiness and how can it be utilized in the most effective way? That is what we will cover here.
First of all let’s look at what perseverance is according to the Merriam Webster Dictionary. It states……..
per·se·ver·ance Pronunciation: "p&r-s&-'vir-&n(t)s Function: noun : the action or condition or an instance of persevering : STEADFASTNESS
As we can see perseverance is an action that we must take...to remain steadfast in that action until the desired outcome is achieved.
By remaining steadfast and determined in whatever it may be that you are desiring to see manifest in your life is of crucial importance if you are to bring about those results that you truly do desire.
It's often perceived that the Power of Perseverance is strictly of a physical nature.
My personal perspective is that the greatest power that you hold is using The Power of Perseverance to shift the quality of consciousness...the underlying beliefs that can make the physical journey difficult.
Developing the perseverance to hold fast and shift the quality of consciousness which is ALWAYS at cause, provides the greatest assistance in fulfilling whatever it might be that you desire to accomplish. It makes the physical journey more enjoyable and less strenuous.
In using the Power of Perseverance in this way, you are in essence reprogramming and removing the subconscious blocks that are keeping you from immediately and effortlessly attracting and receiving those things that you desire to see manifest which have already been promised to you.
In the case of bringing about desired results into your life, the formula looks like this.

Awareness + Desire + Belief + Action + Perseverance = Phenomenal and seemingly magical outcomes in your life.

O = K,  The fact is , those who keep going, keep going, those who stop, stop. The goers get the prize, the stoppers get the ; oh well,  fill in the blanks ---------------.

I hope this message inspires you in some small way. Don't give up. God wants you to be successful, so do I, AND YOU DESERVE IT.

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SIGNS OF THE TIMES- RECORD LABELS?

Listen to the chatter of the record labels and you can hear them scrambling. While they have been sitting around watching their profits soar to a historic 6.2 billion from a great meager 32 to 42 billion just a decade or so ago, you have to ask. Where they asleep at the wheel. How could they sit by and watch their profits dwindle to such an anorexic state. Now if I where an up and coming artist, I would have to ask myself, do I want them managing my career? The answer is an unequivocally no! However let's watch and see where all of this leads. They will certainly find a way to get your money. Caveat Emptor! 


Below is an article I just read and thought you might find interesting. Enjoy and absorb.

Warner U.K. Launches New Artist & Label Services Division Headed by Dan Chalmers

June 14, 2012   |   By Richard Smirke, London

arner Music U.K. is expanding its label offerings with the launch of a new Artists and Label Services division. 

Effective immediately, Warner Music Artist and Label Services will be headed by London-based Dan Chalmers, managing director of Rhino U.K. and ADA U.K., who reports to Christian Tattersfield, CEO, Warner Music U.K. The new division enables established independent artists and labels access to a suite of international  marketing and distribution services.

Chalmers Takes Reins Of Warners' Rhino Int'l, U.K.

Building on the existing Warner-owned Alternative Distribution Alliance U.K. (ADA) offering, non-Warner affiliated artists and labels will be able to utilize a range of specialist support functions, including physical and digital sales and distribution, digital marketing, promotion, publicity, manufacturing, brand partnerships, media planning and buying, synch and licensing.

Veteran British electronic dance act Orbital and former Smiths guitarist Johnny Marr are the among the first artists to work in conjunction with the division, with the release of Orbital's latest studio album "Wonky" (ACP Recordings Ltd) directly utilizing Warner's expertise in the fields of retail and online marketing strategy, alongside manufacturing, radio and TV promotion, as well as media planning and buying. Warner Music Artists and Label Services says that it is currently in discussion with other well-known established artists, but declined to reveal names.

Tattersfield Named As Warner Music U.K. CEO

"Warner Music's Artist and Label Services allowed us to produce an album in our own way, then use the power and strategic expertise of a major label to support its successful release," said Orbital's manager, Rob Holden, in a statement.

Commenting on the launch, Tattersfield added: "Our priority is to cultivate an environment that allows artists to achieve their full potential. We are opening the door for Warner Music U.K. to create deeper relationships and new commercial partnerships with successful independent acts.

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RIAA AND AUDIO

We are back up and excited with a new url! evolutionofasong.blogspot.com Here'a a post from The RIAA website. I will be writing new personal blogs beginning tomorrow. It's good to be back!

RIAA CEO To Tout "Transformed" Music Business To Congressional Panel Reviewing "Future of Audio"

June 05, 2012

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WASHINGTON – At a House Commerce Committee hearing Wednesday on “The Future of Audio,” Recording Industry Association of America (RIAA) Chairman and CEO Cary Sherman will tell lawmakers how the music industry has “transformed how it does business,” touting the fact that digital formats now account for more than half of industry revenues and pointing to an array of licensed formats and services for fans.

At the hearing, before the House Commerce Committee Subcommittee on Communications and Technology, Sherman will testify (testimony here) that “CDs are no longer the primary format for the music business or the primary way the industry generates revenues. Digital is not just our future, it is our present. In 2004, the first year we had any meaningful digital revenues, the industry earned a grand total of $190 million from digital services. Last year, we hit nearly $3.5 billion. Quite a change.”

Sherman will tick off a litany of different models licensed by major music companies:•    You want DRM-free downloads? We’ve got that: iTunes, AmazonMP3, eMusic, 7digital. 
•    You want to pay a modest monthly fee for all the music you can ever listen to – on your computer or smart phone? We’ve got that: Rhapsody, Spotify, MOG, Rdio, Music Unlimited, rara.com, Zune Music Pass. 
•    You want free, ad-supported video and audio streaming? We’ve got that: Spotify, YouTube, Vevo, Myspace Music, AOLMusic.
•    You want music bundled with your mobile phone? We’ve got that: Muve Music, Metro PCS/Rhapsody 
•    You want to store all your music in the cloud, so you can access it from wherever you might be? We’ve got that: iTunes Match, and more deals in the works. 
•    You want specialized digital radio services that offer you the niche kind of music you like to hear? We’ve got that: Pandora, SiriusXM, Last.fm, Yahoo!Music, AOLMusic, and over750 more such services. 
•    You want online simulcasts of AM/FM radio stations? That is available too: iHeartRadio, WJLK-FM 994.3 (The Point), KPWR-FM (Power 106), WXLC-FM (102.3 XLC), and over 750 more online radio stations fully licensed through our sister organization SoundExchange.

Sherman will testify that the agreement announced last month with the National Music Publishers’ Association (NMPA) and the Digital Media Association (DiMA), setting mechanical royalty rates and standards on a slate of new cutting-edge music business models, was a signal of a new focus of the industry and organization:

We’re also working on new industry-wide databases and royalty distribution systems to make royalty payment functions more efficient; and licensing reform to update the statutory mechanism for the old “mechanical” licensing system. We are intent on working with our Internet and publishing partners to simplify and expedite the licensing process.

The RIAA CEO will point to voluntary marketplace agreements with so-called “intermediaries” in the Internet ecosystem as the strategy to protect the rights of musicians, songwriters and labels: So how are we approaching protecting our rights these days? For the most part, by forging voluntary, marketplace agreements with others in the Internet ecosystem under which everyone plays a part in addressing the problem. Just last year, we announced a voluntary program with ISPs that will be implemented later this year to address illegal downloads on P2P networks. We also helped craft an agreement with major credit card companies and payment processors on voluntary best practices to reduce sales of counterfeit and pirated goods. And just last month, major advertisers and ad agencies announced a series of voluntary best practices so that their valuable brands are not associated with rogue Internet sites that offer illegal goods, and advertisers don’t inadvertently enrich rogue website operators. We hope other intermediaries like search engines will follow suit in negotiating voluntary marketplace best practices to prevent directing users to sites that are dedicated to violating property rights.

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