Simple Guitar Lessons-Compulsory Mechanical License

Simple Guitar Lessons

Simple Guitar Lessons

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Mechanical Royalties

The term mechanical royalties developed in the 1909 Copyright Act, and referred to payments for devices serving to reproduce sound. Even though devices haven't reproduced sound "mechanically' since the 1940's, the name has stuck and the monies paid to copyright owners for the manufacture and distribution of records are still called mechanical royalties. The rights to reproduce songs in records are known as mechanical rights.
The concept of a compulsory license for these mechanical rights grew out of a concern in Congress that the music industry was going to develop into a gigantic monopoly. This desire to keep copyright owners from controlling the world resulted in the compulsory license for records, which accomplishes its mission nicely. It says that, once a work has been recorded and released to the public, the publisher is required to license it to anyone else who wants to use it in records.

Compulsory Mechanical License

The compulsory copyright royalty provision for records is in Section 115 of the Copyright Act. It provides that, once a song has been recorded and released to the public, a copyright owner must license it: (a) to anyone else that wants to use it in a phonorecord which is a defined term in the Copyright Act; and (b) for a specific payment established by the law. However, the owner must give a compulsory license only if:

1. The song is a non-dramatic musical work
2. It has been previously recorded
3. The previous recording has been distributed publicly in phonorecords
4. Your recording doesn't change the basic melody or fundamental character of the song
5. Your use of the recording will be in phonorecords only

All of these conditions must exist before you get a compulsory license. Let's look at them:

Non-dramatic Musical Work. Before you can get the license, the song must be a non-dramatic musical composition. It's not clear what a dramatic musical composition is, but it's probably a song used in an opera or musical.

Previously Recorded. You can't get a compulsory license for the very first recording of work. The law allows the owner to control who gets it the first time, which is known as first use. Once it's recorded, however, anyone can get a compulsory license if the first recording was authorized by the copyright owner.

Public Distribution. The first recording must have been distributed to the public. This closes loopholes from the prior law, and is of course eminently logical. It's not enough that the publisher allowed a recording to be made if it wasn't released.

No Major Changes. When you get a compulsory license, you're allowed to arrange the song to conform to the style or manner of interpretation of the performance. However, you can't change the basic melody or fundamental character of the work.

Phonorecord Use. A compulsory license is available only for phonorecords, which are defined in the copyright law to mean audio only recordings. This definition was the publishers finest lobbying accomplishment in the 1976 Copyright Act, because it excluded home video devices from the definition of phonorecrds. This means there's no compulsory license for home videos, and the result has been that motion picture companies must now negotiate with every copyright owner or publisher for home video usage of each song, and that the owners free to charge whatever rate they choose.

See you next post...

Simple Guitar Lessons

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Compulsory License-Learning Guitar

Compulsory Licenses

Compulsory License

A compulsory license  means that you must issue a license to someone who wants to use your work, whether you like it or not. There are six compulsory license:

1. Cable television rebroadcast.
Cable companies set up a big antenna to receive weak signals and send them along to the homes in the area. The cable tv compulsory license requires the local broadcasting stations to allow the cable company to retransmit their signals in exchange for payment of set fees. Without it this would be considered unauthorized distribution of copyrighted programming.

2. Public Broadcasting System.
The PBS lobbyists did a terrific job of requiring copyright owners to license works to them at very cheap rates.

3. Jukeboxes.
In may surprise you to know that, until 1976 Copyright Act, jukeboxes paid nothing for the right to use music. They were considered toys in the 1909 Copyright Act. Now they pay a license fee.

4. Digital performances of records.
This baby was added in 1995, then modified in 1998, and it requires the owners of recordings to allow performances on digital radio, which also includes webcasting radio shows on the Intenet.

5. Digital distribution of records.
This requires the owner of the song to license the downloading of records over the Intenet, telephone lines, satellites, etc.

6. Phonorecords of non-dramatic musical composition.
This is a big one in the music industry.

 Learning Guitar

Learning Guitar

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Making Your Own Music-Learning Guitar

How To Get A Copyright

You Need A Copyright

Under the United States copyright law, as soon as you make a tangible copy of something, you have a copyright. In making your own music, tangible simply means something that you can touch. If the work is a musical composition, for example, it can be written down if you write music, or just sung it onto a recorder. Once this tangible copy exists, you have all the copyright you need. Many people think you have to register in Washington D.C. to get a copyright. Not true. There are some important rights you get from registering, but securing a copyright isn't one of them. So yes, it is that simple. If you sing a song in your head, no matter how completely it's composed, you have no copyright; if you write it down or record it, you have one.

What Are All These Rights You Get?

When you have a copyright, you get the following rights at no extra charge. These rights are exclusive, which means that no one can do these things without your permission. You get exclusive rights to:

1. Reproduce the work.
For example, if you write a song, no one can record it, publish is as sheet music, put it in a movie, or otherwise copy it without your permission.

2. Distribute copies of work.
Apart from the right to reproduce your song, there is a separate right of distribution which you also control.

3. Perform the work publicly.
With a song, this means playing it in nightclubs, on the radio, on television, in amusement parks, supermarkets, elevators, etc.

4. Make a derivative work.
A derivative work is a creation based on another work. In the music industry, an example is parody lyrics, like Weird Al Yankovic. This is considered new work. It is called a derivative because it's derived from the original.

5. Display the work publicly.
This does not apply to music; it's the right to put paintings, statues, etc., on public display.

Learning Guitar

Learning Guitar

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Next post I will discuss more on copyright for song composition.

Making Your Own Music-Learning Guitar

Songwriting And Music Publishing

Before you can understand what songwriting and music publishing are all about, you have to understand how copy write works when making your own music. When you deal with something intangible like a copy write (which you can't see, feel, or smell), it's a challenge to nail it down. Copy writes are a tremendous amount of fun. You have to watch this, because they can nip you in the butt. Many of the concepts have been around for over a hundred years; always a challenge in today's world. But don't worry. I'll guide you through the maze.

When you own a copyright, it's like playing Monopoly and owning all the properties on the board. But unlike Monopoly, you're not limited to the rents printed on the little cards. (As we'll see later, there are some pre-set rents, but for the most part you can charge whatever the traffic will bear.) The legal definition of a copyright is "limited duration monopoly." Its purpose is to promote the progress of science and useful arts by giving creators exclusive rights to their works for a while. As you can imagine, if you created something and everybody had the right to use it without paying you, not many people would go through the trouble of creating anything. Next post I will get into to how to attain one and all the rights you get.

Learning Guitar

Learning Guitar

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Author Arian Collin is a music manager for bands and solo artists in the music industry.

Upstream Deals-Learning Guitar

Upstream Deals

Here is a new topic in the industry when making your own music. It has been around for the last few years now. It is called an upstream deal. This is a cross between an independent distribution deal and a production deal. This is how it works:

An indie label goes to a indie distributor that's owned by a major label. It makes a standard distribution deal, but also gives the major label a right to upstream the artist, meaning the deal transforms from a distribution deal with the indie distributor into a production deal with the major label. The upstream deal is made with the major label who supplies the distribution. In other words, the pure distribution part of the deal is in a contract with the major label, not a separate contract with the distributor.

When an artist is upstreamed, the distribution label moves the records from one distributor to its major distributor. It stops paying over the gross sales monies less a distribution fee, and instead pays the indie a royalty. or if the indie has clout a percentage of profits.Whether it's a royalty or profit share. the indie gets less money than it would under a distribution fee. That's because the distributing label is taken a big risk. As part of the upstream, it takes over the costs of marketing, promotion, videos, etc. The distributor also takes a risk on record units being returned. The idea behind the upstream deal is that when an artist's sales gets to a certain point, it takes the clout and money of a major to move those sales to the mega level.

Learning Guitar

Learning Guitar

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P&D Deals-Learning Guitar

P&D Deals

If you are truly a record company in your own right, then this is the deal for you. It gives you the most autonomy and control of your life, as well as highest profit margin. This is the deal that true independent labels make. A pressing and distribution agreement of P&D is exactly that-the company agrees to manufacture records for you, although in some situations this isn't even so; the product is manufactures elsewhere, and then to distribute them solely as a wholesaler. This means you sell the records to the distributing entity for a wholesale price less a negotiate distribution fee. The distribution fee ranges in the 20% to 25% range and less if you are a big label, with the bulk of the deals around 24% to 25%. For example, if a CD wholesales for $10, under a deal with 20% distribution fee, the independent company gets
$8.00 per unit. Out of this, the independent pays manufacturing, mechanicals, artists royalties, promotion, overhead, salaries, and everything else.

In these deals, the entire risk of manufacturing falls entirely on the independent company. Remember how records are sold on a returnable basis. This means that, if you guess wrong, the returns come back home to roost. So not only are you losing your potential profit on the sale, but you're also coming out of pocket and losing the cost of manufacturing and shipping records you can't sell. Many deals also require you to pay a distribution fee even if the record is returned, adding injury to insult. The distribution company typically offers no services whatsoever in term of marketing, promotion, accounting, etc. For example they might help you with marketing, sales, or promotion, and charge an extra 3% to 5% distribution fee.

These type of deals can be made at the highest level like A&M Records was distributed by BMG ins such an arrangement. Small indie labels make these deals with smaller independent distributors.

Learning Guitar

Learning Guitar

These day with the computer crazed world, obtaining information and access to everything and everything is instant. This also applies to learning guitar.
There are several benefits to online guitar lessons, than private lessons. A few are: Much cheaper than private lessons that cost anywhere from $20 to $60 per hour. The cost of getting to your private lesson(gas) for your car. The time inefficiency. With learning guitar lessons online is overall a much more efficient and effective option. If you are seeking to learn to play the guitar, check out Jamorama Guitar. I highly recommend it.

Arian Collin, author of this blog is a music manager for bands and solo artists in the music industry.