{"id":5048,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/songwriter-tips-for-copyright-credit-and-royalties.html"},"modified":"2024-05-22T21:42:13","modified_gmt":"2024-05-23T02:42:13","slug":"songwriter-tips-for-copyright-credit-and-royalties","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/songwriter-tips-for-copyright-credit-and-royalties.html","title":{"rendered":"Songwriter Tips for Copyright, Credit, and Royalties"},"content":{"rendered":"\n
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Songwriter Tips for Copyright, Credit, and Royalties<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Songwriters usually know the ins and outs of writing lyrics and composing music, but they might be able to use some tips regarding the music business and copyright law. Many legal issues may arise, such as how to split up royalties<\/a>, who gets credit for songs, and small business law.<\/p>\r\n

Use these frequently asked questions and tips to guide you through the music industry’s intellectual property (IP) issues. Copyrighted works include your songs,  so as a songwriter you should understand copyright law<\/a>.<\/p>\r\n

Understand How You Get Paid for Your Work<\/h2>\r\n

Songwriters’ music keeps them paid long after they’ve written a song, thanks to royalty payments.<\/p>\r\n

Performance royalties are a large revenue stream. Performance royalties consist of two parts: Songwriter Royalties and Publishing Royalties. Music publishers and songwriters receive these royalties directly. A songwriting royalty is a payment that a songwriter earns from the use of their songs. Songwriting royalties can come from mechanical reproductions, digital streaming, public performances, and synchronization licenses.<\/p>\r\n

Synchronization licenses grant another person permission to synchronize a song with visual media. Licenses require payment to the person who holds the copyright or trademark on the song.<\/p>\r\n

Research Royalty Rates<\/h2>\r\n

You should research royalty rates and payout structures for different revenue streams. Research the standard royalty rates for public performance, mechanical reproductions, and streaming.<\/p>\r\n

Agree on Songwriter Credits Immediately<\/h2>\r\n

When co-writing music, specify how revenues and credits will be sorted as soon as you finish songwriting. If you don’t do this right away, you could argue about splitting credits and revenue with people you don’t work with anymore. Include any non-writing members you want to share in the income. Although you don’t need a formal contract, you do need to put your agreement in writing. If you are in a band already earning money, owning equipment, and have a working career, then consider having a band partnership agreement too.<\/p>\r\n

Know How to Split Songwriting Credits<\/h2>\r\n

If you contributed to a song’s structure, chord progressions, or lyrics, you have a copyright to that song<\/a>. Even if you only contribute to part of the song, such as by creating the rhythm section, you have copyright ownership interests. The most straightforward ways to decide who gets songwriter credits are to have the members of the band determine who contributed to the song or decide that every contributor shares equally in the band-written songs.<\/p>\r\n

Publish the Name of Your Songwriters<\/h2>\r\n

After you have determined who your songwriters are, publicize their names and contact information. You should also publish your music publisher’s contact information. Encode these names and copyright information into the text tags of your songs as you prepare them for downloading too.<\/p>\r\n

Understand That Copyright Protection Is Automatic, but Legal Fees Are Not<\/h2>\r\n

Registering songs with the U.S. Copyright Office<\/a> is unnecessary to secure your copyright. Your music is original, meaning it is yours and was not copied from some other source. It is also fixed, meaning it exists in some hardcopy format like on sheet music, a tape, or on a computer. This means your song has copyright protection under common law.<\/p>\r\n

However, you should still register your song nationally with the U.S. Copyright Office to help protect it from copyright infringement. Having your copyright registered helps you in infringement cases. It allows you to file in federal court, awards you statutory damages, and makes it so no one can claim they didn’t know your copyright existed. It may help you recover more money damages<\/a> like attorney’s fees from suing someone in an infringement case.<\/p>\r\n

You receive these Copyright Act protections so long as you register your work before any infringements occur or within three months of the song’s release.<\/p>\r\n

Understand the Transfer of Your Copyright<\/h2>\r\n

Whenever you sign with a major music publisher, you give up the copyright of the song<\/a> to the publisher. In return, the songwriter receives a large portion of the royalties. This often earns you a more significant share of the publisher’s work. Having an attorney<\/a> review the deal for you is best to ensure your best interests.<\/p>\r\n

Understand the Public Domain<\/h2>\r\n

The public domain includes songs not protected by copyright. These songs can be freely used by everyone. Be aware of copyrighted songs and those that are in the public domain. This article can help you determine whether a work is in the public domain<\/a> or if you need to ask permission before using it.<\/p>\r\n

Consider Sampling Old Music of a Dead Songwriter<\/h2>\r\n

Any music published before 1927 is in the public domain<\/a> and free to copy<\/a>. Using this older music allows you to avoid:<\/p>\r\n