Songwriters and publishers both use the Composition Copyright to receive royalties. Together they form a symbiotic partnership, each bringing their unique expertise to the table. Songwriters provide the creative spark, while publishers provide the infrastructure and business acumen to amplify the song’s reach and generate revenue.
Composition royalties are split between Songwriters and Publishers.
As an independent musician, you may be both the songwriter and publisher. If this is the case then you are entitled to all of the royalties due to both parties.
Who is the Songwriter?
A songwriter is someone that owns or controls the copyright to a musical composition. They created the song, the underlying melody, and lyrics. Being a songwriter entitles you to royalties when your creation is performed.
A music publisher is a company or individual that owns or controls the copyright to a musical composition. They act as representatives of songwriters, handling the administrative and legal aspects of copyright management, licensing, and royalty collection.
The Songwriter and the Music Copyright
The songwriter receives royalties via their Music Copyright (not the Recording Copyright). Owning this copyright entitles them to royalties whenever the song is broadcast or performed.
Who is the Publisher?
Registering your music with a Performing Rights Organization (PRO) is essential for collecting performance royalties when your songs are played publicly. PROs are non-profit organizations that license the public performance rights of music to businesses like radio stations, concert venues, and streaming services.
The Publisher and the Music Copyright
Performance royalties are generated when a song is played publicly, such as on radio, television, live performances, or streaming platforms. These royalties are collected by Performance Rights Organizations (PROs) like ASCAP, BMI, or SESAC, which represent songwriters and negotiate licensing agreements with media outlets. Songwriters are typically paid a percentage of the royalties collected by their PRO, based on their share of the composition and the usage of the song.
Choosing a PRO
There are two major PROs in the United States:
- ASCAP (American Society of Composers, Authors, and Publishers)
- BMI (Broadcast Music, Inc.)
Both PROs offer similar services, but there are some key differences between them. Consider their membership requirements, fees, and geographical coverage when making your choice.
Steps to Register with a PRO
- Create an Account: Visit the PRO’s website (ASCAP: ascap.com; BMI: bmi.com) and create a free membership account.
- Provide Personal Information: Fill out the required fields with your personal details, including your full name, contact information, and tax identification number.
- Enter Song Details: Submit the titles, creators, and creation dates of all the songs you want to register. You can also add additional information like copyright registration numbers and co-writers.
- Pay Membership Fees: PROs typically require an initial membership fee and annual dues. These fees vary depending on the PRO and your membership type.
- Complete the Registration Process: Once you’ve submitted all the required information and paid the fees, your music registration will be processed. You should receive a confirmation email or notification once your songs are officially registered.
Benefits of Registering with a PRO
- Collect Performance Royalties: PROs actively monitor and collect performance royalties for your music when it’s played publicly. They then distribute these royalties to you based on the amount of airplay or performance your music receives.
- Protect Your Rights: Registering your music with a PRO helps establish your ownership rights and provides a legal record of your work.
- Increase Exposure: PROs often promote their members’ music to potential licensees and broadcasters, potentially expanding your audience and opportunities.
- Streamlined Licensing: PROs provide a centralized licensing platform for businesses that want to use your music, making it easier to secure legal licenses and payments.
- International Coverage: PROs have agreements with PROs in other countries, ensuring that your music is protected and eligible for royalties worldwide.
By registering your music with a PRO, you can ensure that you are compensated fairly for your creative work and that your music is protected under copyright law.
