| |
A
Clear Explanation : Make Money with Your Music Overview
An
Ethical Foundation Our
Licensing Process Make Money with Your Music
Definitions Resources
|
How to Make Money
with Your Music
by Mark Meikle,
Legacy Productions
Posted Thursday, October 16, 2008
www.easySongLicensing.com
Copyright, 2008
Legacy Productions
|
Index Introduction
Overview
Money Out There
Busted
"They're Playing My Song"
Ways Musicians Make Money Protections of
the Copyright Law
The Copyright Law
Five Protections
The Big Secret
The Big Secret and The Five Protections Five
Ways to Make Money
How to Give Permission
1) How Mechanical Licenses Make You Money
2) How Synchronization Licenses Make You Money
3) How Master Licenses Make You Money
4) How Public Performance Licenses Make You Money
5) How Mechanical Licenses Make You Money
*Bonus* How CD Sales Make You Money Conclusion
Learn and Expect
Preserve and Protect
Be There to Collect
Conclusion
Links to More
Resources
Dictionary
How to Register Your Musical Work with the US Copyright Office ---
Overview
In 1999, file sharing program, Napster took colleges and the music
industry by storm. The software thrilled college kids who
enjoyed free downloads of all the music they wanted; It also upset big
music industry players such as the Recording Industry Association of
America (RIAA), the association of record labels that owned the music
that was shared illegally.
Since
then, the RIAA and other industry players have struggled to gain
control of their music. They sued file-sharing law-breakers, and
searched for a solution. In 2001, the unlikely Apple came to their
rescue with iTunes, a computer application that facilitates a more
simple, elegant, and profitable method for the delivery of music.
Regardless
of who's side you are on, the RIAA or the consumers', the fact is that
modern technologies have made copying music simple.
For
this reason, it is important that musicians
understand and defend the legal protections that help them make money.
Thanks to the
protections of The United States copyright law, musicians are able to
make money making music, even though it is a mainly intangible
medium. However,
in order
to make money with their music, musicians must do
what it takes. This article helps you do that. Here you
will learn that, to make money with your music, you must
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
Money Out There
Do you have any idea how much money can
be made with music? How much is made and where does it go?
If you are a musician here's some news you might like:
WORLD'S
LEADING PRO GROWS REVENUES BY 10%,
WHILE REDUCING OPERATING COSTS TO ALL-TIME LOW OF 11.9%
Intense Focus on Member Benefits and Development Contributes
to Success
New York
,
NY
, February 8, 2008 - Demonstrating clear leadership within
the music industry, member-owned performing rights
organization, ASCAP (American Society of Composers, Authors
and Publishers) today reported record 2007 revenues of $863
million and royalty payments of $741 million, as well as an
all-time low operating expense ratio of 11.9 percent.
Source:
http://www.ascap.com/press/2008/0208_financial.aspx
Active on 10/2/2008 |
Public
performance rights (PPR) agency ASCAP (American Society of
Composers, Authors and Publishers) helped musicians collect $741
million in income in 2007.
ASCAP is one of three major agencies in the United States (ASCAP,
BMI, and SESAC)
that collect money from bars, night clubs, and radio stations, for
musicians whenever their song is played publicly. These
royalties are called public performance royalties. This is one
example of how musicians make money with their music.
Top
of Page Music
Licensing Dictionary Resources
---
Busted
Industry giants understand the
protection that copyright gives them. When individuals break
those protections, they crack down on what they call their biggest
threat: music piracy (Source: http://www.harryfox.com/docs/RateAgreement9-23-08.pdf).
|
August 6, 2007
NMPA Joins Copyright
Lawsuit Against YouTube
“NMPA is very concerned
about YouTube’s approach to copyright,” said Israelite.
"We are joining the lawsuit to protect the
interests of music publishers and songwriters, whose creative
works are being used without permission or compensation by
YouTube.”
Source:
http://www.nmpa.org/pressroom/showrelease.asp?id=137
Active on 10/2/2008 |
New agreements have settled how
musicians are compensated for some types of streaming downloads, but
the preceding example demonstrates the lengths copyright holders will
go to in order to collect what they are owed. If you think they
only go after the big guys, think again:
|
12-year-old settles music swap lawsuit
LOS ANGELES, California (CNN) -- A day
after being sued for illegally sharing music files through the
Internet, a 12-year-old girl has settled with the Recording
Industry Association of
America.
She's the first of 261 defendants to settle
their lawsuits with the association.
Brianna LaHara agreed Tuesday to pay $2,000,
or about $2 per song she allegedly shared.
"I am sorry for what I have done,"
LaHara said. "I love music and don't want to hurt the
artists I love."
The suit claimed LaHara had been offering
more than 1,000 songs on the Internet, using the Kazaa
file-sharing service.
The RIAA said it was pleased with the
settlement. There are 260 cases still pending.
"We're trying to send a strong message
that you are not anonymous when you participate in
peer-to-peer file-sharing and that the illegal distribution of
copyrighted music has consequences," said Mitch Bainwol,
RIAA chairman and chief executive officer. "And as this
case illustrates, parents need to be aware of what their
children are doing on their computers."
Source:
http://www.cnn.com/2003/TECH/internet/09/09/music.swap.settlement/
Active on 10/2/2008 |
Apparently action against copyright
infringers is not without results:
|

RIAA
music lawsuits chill online downloading
Whether or not you approve
of the recent lawsuits filed by the Recording Industry
Association of America (RIAA) against people who allegedly are
guilty of copyright infringement for having downloaded music
from the Internet, a recent survey indicates that the lawsuits
have had a chilling effect on free music downloading.
Source:
http://www.usatoday.com/tech/columnist/ericjsinrod/2004-01-15-sinrod_x.htm
Active on 10/2/2008
|
The major industry players
enforce their ownership rights through litigation. However, most
musicians don't have the resources necessary for that kind of
enforcement. Musicians should not let that discourage them,
though. There are other steps you can take, besides litigation,
to make sure you get paid for your music.
Top
of Page Music
Licensing Dictionary Resources
---
"They're Playing My
Song"
Music is everywhere. It follows us as we travel in our cars, it
motivates our exercise, it influences our buying habits at retail
stores, and it entertains us at clubs, on television and in movies.
Perhaps
because music is so common it is sometimes taken for granted.
After all, most of the music we hear seems to be free. Music on
television and radio is supported by advertising. Other music
costs are typically built into other charges, which means we might not
know we are paying them. For example, a movie ticket or club
cover charge helps pay for music. You might be surprised to know
that even background music at retail stores is paid for by the
retailer.
So, as
the following quote points out, we can easily become attached to music
we hear all the time, and expect not to have to pay for it:
|
ASCAP says
“We often use the expression “they’re playing my
song,” not always remembering that while we may have
emotionally adopted the song, it still legally belongs to the
songwriter who created it, and the music publisher who markets
it. When you use other people’s property, you need to
ask permission.”
Source:
http://www.ascap.com/licensing/licensingfaq.html
Active on 10/2/2008 |
It's
not fun to hear that you need to pay for something you expect should
be free. Musicians understand why they need to be paid for their
music, though; Musicians understand that otherwise their intangible
creation is lost to the wind and there's no incentive for them to keep
making music. Remember musicians, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
Ways Musicians Make
Money
Big musicians make headlines when they sell a million albums in only a
couple weeks. For the typical musician, making money is not quite so
glamorous. Still, creative musicians, with a pure love of music,
have found several ways to make money with their craft:
| Skill of the musician |
How the musician makes money |
Applicable Copyright
Protection
(The Musician's Exclusive Right) |
What the musician should know |
| Teaching Music |
Collect payment |
None apply, but it's important to
educate your students about their protections. |
A basic understanding of the
protections available to your students.
How to say “I don’t know but I’ll look
it up.” |
| Performing Music |
Collect payment |
To perform the music in public. |
How to quickly replace broken
strings!
Public Performance rights |
| Writing Music |
- Sell print music.
- Charge others for the
right to record themselves playing your song.
- Charge others for the
right to play your song in public.
- |
- To sell printed copies
of the music.
- To distribute recordings
of the music.
- To perform the music in public. |
Print music rights
Mechanical rights
Synchronization rights
Public Performance rights |
| Recording Music |
- Sell recorded music.
-
- Charge others for the
right to use your recording. |
- To reproduce in
phonorecords (CDs).
- To transmit recordings
over the air.
- To reproduce in phonorecords (CDs). |
Master rights
Mechanical rights
Public Performance Rights. |
| Critiquing Music |
Collect a fee for expertise |
None apply. |
That it’s easier to cut down
than to create. |
| Selling musical equipment |
Collect a margin on sales. |
None apply. |
Business and music. |
No matter how you make money with your
music, you can benefit from a basic understanding of the Copyright
law. The protections it grants offer you various ways to boost
your musical income. Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
The Copyright Law
There is no question; At a glance The United States Copyright Law is
boring. Upon closer inspection, you will discover that a law
that makes you money becomes more interesting. The government
has a quality, informative web site about The Copyright Law at copyright.gov.
But it's a lot to sort through; It covers copyright law for all sorts
of artists, not just musicians. Below are answers to the most
common questions about the law. Our clarification of how it
applies specifically to musicians is in italics.
|
FAQ
from Copyright.gov
Highlights
added. Our explanation in green
italics
What
is copyright?
Copyright
is a form of protection grounded in the U.S. Constitution
and granted by law for original works of authorship fixed in a
tangible medium of expression. Copyright covers both published and
unpublished works.
This
means that only you have certain rights regarding your
creation.
When
is my work protected?
Your
work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either
directly or with the aid of a machine or device. Your
work is automatically copyrighted as soon as you write it down, or
record it.
You
don't have to register your work with the copyright office to be
protected. This is a common misconception. Still, you
have to write it down. No matter how original a melody, if
it's only in your head it is not copyrighted. If you sing it
publicly, the first person to write it down will own it.
Do I have to register with your office to
be protected?
No. In general, registration is voluntary.
Copyright exists from the moment the work is created. You
will have to register, however, if you wish to bring a lawsuit for
infringement of a
U.S.
work.
Your
work is copyrighted as soon as you write it down. But what
good is that if you can't sue an infringer for damages? If
ever you need to sue for damages, you'll need to register your
work. For this reason, you should register as soon as you
complete your creation. That way you will have "prima
facie" evidence that you were the first to create the work.
"Prima facie" is a legal term. It means that the other
side bears the burden of proof to prove that the work is not
yours. Registration is affordable. As of this writing,
registration costs $45. We recommend registering your
works soon after you create them.
Why should I register my work if
copyright protection is automatic?
Registration is recommended for a number of
reasons. Many choose to register their works because they wish to
have the facts of their copyright on the public record and have a
certificate of registration. Registered works may be eligible for
statutory damages and attorney's fees in successful litigation.
Finally, if registration
occurs within 5 years of publication, it is considered prima
facie evidence in a court of law.
We
recommend registering your works soon after you create them
for the reasons mentioned above.
I’ve heard about a “poor man’s
copyright.” What is it?
The practice of sending a copy of your own
work to yourself is sometimes called a “poor man’s
copyright.” There is no provision in the copyright law regarding
any such type of protection, and it is not a substitute for
registration.
The
idea here is that a federal postmark on a sealed envelope with
your creation inside validates the date of creation. This is
a fine idea. But again, you will eventually need to register
your work if ever you have to sue for damages. To play it
safe, we recommend registering
your works soon after you create them.
Source:
http://www.copyright.gov/help/faq/faq-general.html#what
Active on 10/2/2008 |
The Copyright Law protects all sorts of
artistic creations. Five protections apply specifically to
musicians. They are covered in the next section of this article.
Although not necessary for protection,
we recommend registering your work with the copyright office so that
you have solid evidence of your creation and ownership of a work as of
a particular date. That way, if ever you have to sue for
infringement, you will be ready. Registration costs only $45 as
of this writing. You can register your work through a service,
such as easySongLicensing.com, or you can register yourself at the
Copyright.gov web site:
Hire easySongLicensing.com to register
your work ($120)
Do it yourself ($45): Register your
work with the United States Copyright Office
http://www.copyright.gov/eco/index.html
Top
of Page Music
Licensing Dictionary Resources
---
The Five Protections of the Copyright Law
For musicians, the copyright law provides five protections that help
them make money with their music. These protections give the
musician the exclusive right to use their music in a variety of
ways. Smart musicians understand the key to turning these
exclusive rights into dollars. Let's have a look at these
protections. Later we'll tell you the big secret of how to use
them to your advantage to make money with your music.
|
Copyright
Law
Protection
for Musicians
Our
explanation in green italics
“Subject
to sections 107 through 122, the owner of copyright under this
title has the exclusive rights to do and to authorize any of
the following:
Only
the copyright holder
or someone they give permission to can...
1)
to reproduce the copyrighted work in copies or phonorecords;
Make
copies of their music
2)
to prepare derivative works based on the copyrighted work
Make
new arrangements of their music
3)
to distributed copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental,
lease, or lending;
Sell
copies of their music in print or in recordings
4)
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual
works, to perform the copyrighted work publicly;
Perform
their music in public
5)
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly; and
Play
a recording of their music in public
6)
in the case of sound recordings, to perform the copyrighted work
publicly by means of digital audio transmission."
Play
a recording of their music on the radio or web.
|
These
protections mean that only you, the creator of your music, get to
decide how it is used. Some musicians are generous with their
music, sharing it freely with their friends, their church, or even the
public. Other musicians keep a vice grip on their music.
Some are even afraid to share their music for fear it will be stolen
or abused. You will have to decide how miserly or generous you
will be with your music. Your decisions on how you will share
your music will directly affect how much money you make from it.
Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
The Big Secret
SHHHHHH!
The
BIG
Secret
of
how musicians get paid...
Musicians make money when they give
permission.
Giving Permission
Charlie, a snappy dog with street smarts from the movie
All Dogs Go to Heaven, taught his pups, "the more you give, the more you get. The more you share, the more you're 'gonna get." There are intensive needs for music in movies, music (yes, music. accompaniments and background tracks), video games, advertising, television, radio, schools, churches, bars, clubs, retail, and theme parks. Lots of people out there are interested in using your music. They will want
permission.
|
Giving
Permission
How
Musicians Get Paid
Please can I…
Sing
Record
Photocopy
Play
Perform
Arrange
Copy
Sell
your
song?
|
Do you
see how popular musicians make money in more ways than just CD sales?
It's not easy to give away something that could be exclusively
yours. But with your music, if you do not share it, you will not
be paid. Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
Giving Permission and The Five
Protections
Now
think back to your exclusive rights as a musician. These give
you at least five different ways to make money with your music.
All you have to do is give permission in exchange for royalty
payments. Permission is given through licenses.
Here are the five protections straight out of the
copyright law again, this time with the avenues for giving permission
in order to collect money.
The
Five Protections
and
Avenues for Giving Permission
Our
explanation in green italics
Avenues
for giving permission (making money) in blue
“Subject
to sections 107 through 122, the owner of copyright under this
title has the exclusive rights to do and to authorize any of
the following:
Only
the copyright holder
or someone they give permission to can...
1)
to reproduce the copyrighted work in copies or phonorecords;
Make
copies of their music
Print
Rights
2)
to prepare derivative works based on the copyrighted work
Make
new arrangements of their music
Print
Rights
3)
to distributed copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental,
lease, or lending;
Sell
copies of their music in print or in recordings
Print
Rights, Mechanical Rights, Master Rights,
Synchronization
Rights
4)
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual
works, to perform the copyrighted work publicly;
Perform
their music in public
Public
Performance Rights
5)
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly; and
Play
a recording of their music in public
Public
Performance Rights
6)
in the case of sound recordings, to perform the copyrighted work
publicly by means of digital audio transmission."
Play
a recording of their music on the radio or web.
Public
Performance Rights
|
Here's
another explanation of the avenues for giving permission, this time
from the buyer's perspective:
|
Avenues
for Giving Permission
Mechanical Rights
The
right to record yourself on a CD playing a song that someone
else wrote.
Synchronization Rights
The
right to record and put to video yourself playing a song that
someone else wrote.
Master Rights
The
right to use a recording that someone else made.
Public Performance Rights
The
right to play in public a song that someone else wrote. The right to play a CD recording of someone else’s
song in public.
Print Rights
The
right to print the sheet music for a song that someone else
wrote.
|
These
avenues for giving permission are explained in detail in the law and
we will discuss them further in this article.
There's a lot to
know. For that reason, without help, giving AND asking permission can be
complicated and frustrating for the laymen. Because giving
permission is complicated, many musicians never make money doing
it. Because asking permission is difficult, buyers sometimes give up
and decide to either not use your music, or to use it illegally.
Either way, you don't get paid.
You
can make it easier for your "customers" to get permission by
making sure you are "There to Collect". If you do, you
will improve your chances of getting paid for your music.
In the
next section we'll introduce some industry players that can help you
give permission and collect payments. We'll also discuss the
possibility of doing it yourself.
Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
How to Give Permission
You
can make money by giving permission yourself, or you can hire a
service to help you do it. Publishers, record labels, public
performance rights agencies, and music licensing services handle the
licensing process, which involves giving permission and collecting
royalties. Some musicians choose to do it on their own.
Do
it yourself
If you
choose to give permission yourself, you will issue licenses and
collect royalty payments when others use your music. Musicians
that do this are "self-published". This has advantages
and disadvantages:
Some
musicians choose this route so that they can intimately control how
their music is used. They are aware every time permission is
given, and they can say "no" to a project they don't approve
of. In addition, they can avoid the skimming/fees of the
publishers and labels.
Publisher
fees aren't all bad, though. Musicians who handle permissions
themselves miss out on services the publishers provide. Licensing
requires legal knowledge, paperwork, and recordkeeping. Big
publishers and labels also enforce payments through auditing and legal
action (such as litigation). Finally, the big players provide
valuable promotion and distribution services that individual musicians
have difficulty matching.
Getting
Help
Publishers,
record labels, public performance rights agencies, and music licensing
services help musicians give permission and collect royalty payments,
for a fee.
They
each have limitations, strengths, and weaknesses. Most do not
handle all avenues of permission. For example, most record
labels do not handle mechanical rights, and most publishers do not
handle master use rights. But some musicians might be
self-published and be own their own record label; these musicians would
handle both.
What
it all comes down to is who owns what you are asking permission for.
If it's a musical recording (such as a CD), the record label probably
owns it because they recorded it. If it's a composition, the
publisher probably owns it because they deal with composers. If
you ask a record label for print rights, they will tell you they can't
give permission because they don't own those rights. You'll have
to go to the publisher.
This
is one reason that laymen who ask permission get frustrated.
They feel they are getting the runaround. In many ways, they are
right. The complications are rooted in the fact that, commonly,
musical works are owned by multiple copyright holders. Often the
five protections of the copyright law are sold and divided to the
point of craziness!
For
musicians, the complications of divisions of ownership are reason
enough to hire services to handle all their busy work so that they can
focus on their music. Whether you decide to handle your own
permissions or to hire help, you will benefit by understanding the
process.
Here's
an explanation of the permissions each service handles:
|
Help
giving permission and collecting payment
Publishers
Traditionally,
publishers have helped musicians issue licenses and collect
royalties for mechanical, synchronization, and print
rights.
Record
Labels
Traditionally,
record labels have helped musicians issue licenses and collect
royalties for master rights and CD sales.
Public
Performance Rights Agencies
Public
performance rights agencies ASCAP, BMI, and SESAC help musicians
issue licenses and collect royalties for
public performance rights.
Music
Licensing Services
Music licensing services such as
easySongLicensing.com and The Harry Fox Agency (HFA) help publishers
and independent musicians issue licenses and collect royalties for
mechanical rights.
|
Publishers
and record labels offer valuable promotion and distribution
services. However, now that the internet allows individuals to
easily distribute their music worldwide and collect royalty payments,
many musicians successfully self-publish, and self-distribute their
music through their own web sites, or through other online
distributors such as iTunes or CDBaby.
Top
of Page Music
Licensing Dictionary Resources
---
1) How
Mechanical Licenses Make You Money
By giving
permission to record a song you wrote, you make money. How much
money? You get the statutory rate that is determined by a federal
committee. As of this writing, that amounts to $.091 per song per unit
produced, or $91 for 1000 units. Royalties from mechanical licensing go to the composer of
the song. Sometimes publishers take a little for their services.
Mechanical Licenses:
May I
record myself playing your song on my CD?
| Please

|
To
ask permission:
·
easySongLicensing.com
·
Publishers
·
Compulsory
|
|
Pay
The
Statutory Mechanical Rate
.091
per song per unit produced
|
|
V
|
|

|
Who gives permission and what they make:
·
Money goes to composer
·
May split with publisher
or agent
·
$91 one song
for 1000 CDs.
|
|
When
you
think of Mechanical
Licensing think
of the composition that is being covered...
...and
remember the money pays
the composer of the song. |
How
Much
Can You Make:
Mechanical Licensing?
1
song
1000 CDs
$91
10,000 CDs
$910
100,000 CDs
$9,100
15
songs
1000 CDs
$1,365
10,000 CDs
$13,650
100,000 CDs
$136,500
100
songs
1000 CDs
$9,100
10,000 CDs
$91,000
100,000 CDs
$910,000 |
Q)
How much do you think Guns n' Roses made
when Sheryl Crow covered their song "Sweet Child o' Mine"?
A) That depends how many albums she sold.
Perhaps 200,000 x .091 = $18,200
Q) How many
songs does Paul McCartney
have listed in the ASCAP database?
Paul
McCartney
A)
621
Popular songs are covered every day in the United States. Smart
musicians make sure that they are prepared to collect their mechanical
royalties every time that happens. Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
2) How
Synchronization Licenses Make You Money
By giving
permission to record a song you wrote, and synchronize it with video, you make money. How much
money? That depends on how the song is used. Because you have
exclusive rights to your song, as the copyright holder you get to
decide the amount you will ask. Industry norms range from a
hundred dollars to several thousand. Royalties from
synchronization licensing go to the composer of
the song. Sometimes publishers take a little for their services.
Synchronization
Licensing:
May
I record your song and put it in my video?
| Please

|
To
ask permission:
·
Publisher
·
Copyright holder
(composer)
·
NO compulsory.
|
|
Pay
Custom-Negotiated
$1-250,000
per use
|
|
V
|
|

|
Who
gives permission and what they make:
·
Money goes to composer
·
May split with publisher
or agent
·
Typically $100-$5,000 per
use
|
|
When
you
think of
Synchronization Licensing think of the composition that is being
covered...
played
with video...
...and
remember the money pays
the composer of the song.
|
How
Much
Can You Make:
Synchronization
Licensing?
Typically
$100-$5,000
Up to $250,000
|
|
How
Much
Can You Make from Synchronization
Licensing?
$100-$5,000
---
"I have synched quite a few thousand songs into productions over the years," states Peter Jansson of
Janssongs, Inc., "and have charged anywhere between US$1.00 and US$250,000 for each one."
"Having said that," Jansson adds, "I think an average fee is usually between US$4,000 - $6,000 per side (i.e. Master & Synch)."
Source:
Money for Your Music
The Cold Hard Facts
About Music Licensing
by The G-Man -
NARIP.com and Immedia Wire Service, Posted Nov. 2003
http://www.musicbizacademy.com/articles/gman_money.htm
Active on 10/2/2008
---
How
much money can a writer make through TV placements?
Let's say that you have a song in a show on NBC that is a one-hour drama. Generally speaking, the up-front fees for an independent artist on such a show are going to range anywhere from $1,000 on the low end up to $4, 000 on the high end. There are a whole lot of factors to determine where it falls in that range. That is the up-front fee - the synchronization fee. That allows the piece of music to be synchronized to that scene.
From
the Article
Michael
Eames: President, PEN Music Group, Inc.
How Much Money Can You Really Make from Film and TV Placements?
Interview by Doug Minnick
http://www.bmusic.com.au/links/industry/archives/ararchiv/meames.htm
Active
on 10/2/2008
|
Still
no compulsory sync?!?
In
the 1970s and '80s, video was a special medium reserved
for big film studios and cable providers. Today, regular consumers easily produce video in their
homes. We record video with our video cameras and cell
phones. We edit video on computers. Then we share it on
DVD or online. It's simple to make a video. It's hard to
legally use copyrighted audio with it.
That's
because there
is still no compulsory synchronization licensing law. This gives
musicians total control of their synchronization rights. They
can try to negotiate for any royalty rate and ultimately they can just
say "no" to permission requests. This might seem like a good thing
for musicians. In reality, it stifles an enormous opportunity
for income. Custom negotiations take a lot of time and are
wildly unpredictable, as evidenced by actual licensing fees ranging
from $100 - $250,000 for sync licenses. This turns off
small-time users from even bothering to ask permission. It also
prevents companies like ours from offering synchronization licensing services.
How do you offer services that have no predictable timeline, cost, or
outcome?
The
result is that small-time licensees get frustrated and give up.
They either decide not to use the music, or to use it illegally.
Either way, musicians lose money. A
compulsory synchronization provision would make it easier for music
users to ask permission, and it would improve musicians' chances of
collecting their due sync royalty.
Composers
and their publishers can claim big synchronization royalties for
big-budget commercial projects, or TV, and film placements.
Smart musicians will also consider small-timers that should be paying
royalties for DVD and YouTube projects. Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
3) How
Master Licenses Make You Money
By giving
permission to record a recording you made, you make money. How much
money? That depends on how the song is used. Because you have
exclusive rights to your recording, as the copyright holder you get to
decide the amount you will ask. Industry norms range from a
hundred dollars to several thousand. Royalties from master licensing go to the
artist that recorded the song. Sometimes the record label takes a little for its services.
Master
Licensing:
May
I record a
recording you made? May
I record a
recording you made?
| Please

|
To
ask permission:
·
Record Label
·
Copyright holder
(recording artist)
·
NO compulsory.
|
|
Pay
Custom-Negotiated
$1-250,000
per use
|
|
V
|
|

|
Who
gives permission and what they make:
·
Money goes to recording
artist
·
May split with record
label
·
Typically $100-$5,000 per
use
|
|
When
you
think of
Master Licensing
think
of an audio recording...
...and
remember the money pays
the artist that recorded the music.
|
How
Much
Can You Make: Master Licensing?
Typically
$100-$5,000
Up to $250,000
Source:
Money for Your Music
The Cold Hard Facts
About Music Licensing
by The G-Man -
NARIP.com and Immedia Wire Service, Posted Nov. 2003
http://www.musicbizacademy.com
/articles/gman_money.htm
Active on 10/2/2008
|
Musicians
and
their record labels can claim big master royalties for big-budget
commercial projects, or TV and film placements.
Smart musicians will also consider small-timers that should be paying
royalties for DVD and YouTube projects.
Musicians
can be protective of their music. But you only make money when you
give permission and share your music. Still, prudence with your
master rights is perhaps more warranted than with any of your other
permissions because abuse of master rights can damage CD sales and
your reputation.
Clarification
|
Mechanical
(Audio)
Synchronization
(Video)
Use
a composition
|
|
|
V

Pay
the composer
|
Master
Audio
and Video
Use
an audio recording
|
|
|
V

Pay
the recording artist
|
When
you make a CD or a DVD, it can be hard to understand which rights you
need. Basically, remember that no matter what medium you record
on, you'll always have to pay the composer for the right to use their
composition. For the composer, the mechanical license is for audio
only recordings (CDs and digital downloads), and the synchronization
license is for video. In addition to what you pay the
composer of the song, if you use a recording someone else made
you'll need to get their permission as well. For that, you'll
need a master license.
Top
of Page Music
Licensing Dictionary Resources
---
4) How
Public Performance Licenses Make You Money
By giving
permission for others to publicly perform, or play a recording of a song you
wrote, you make money. How much
money? That depends on how often the song is played. Three public performance
rights agencies monitor song plays. They issue licenses to bars,
clubs, restaurants, and radio stations. They collect royalties
and pay the composer. They charge a modest fee, just enough to
cover their operating expenses.
Public
Performance Licensing:
May
I play your song in my club, in my bar, or on my radio station?
| Please

|
To
ask permission
One
of the three public performance rights agencies in the
USA
·
ASCAP
·
BMI
·
SESAC
|
|
Pay
Custom-Negotiated
annual
license.
Report
play lists.
|
|
V
|
|

|
Who
gives permission and what they make:
·
Money goes to PPR
agency
·
Agency disperses money to
composers.
|
When
you
think of
Public Performance Licensing
think of public performances and broadcasts..
...and
remember the money pays
the composer of the song.
|
How
Much
Can You Make:
Public
Performance Licensing?
"BMI will distribute more than $732 million in royalties for its 2006-2007 fiscal year to the songwriters, composers and copyright owners it represents, an eight percent increase over the prior fiscal year."
Source:
http://findarticles.com/
p/articles/mi_pwwi/is_/ai_n19497912
Active on 10/2/2008
|
For
public performance, musicians
get paid a percentage of the fees licensees pay. This amount is
determined by the public performance rights agencies. They split
the income based upon the number of times each song is played.
If you have further questions about public performance rights, you
should contact one of the three agencies.
Top
of Page Music
Licensing Dictionary Resources
---
5) How
Print Licenses Make You Money
By giving
permission for others to use or photocopy the printed sheet music of your
composition, you make money. How much
money? If you have a publisher, they'll pay you roughly ten cents per
copy of sheet music sold. They collect your royalties
and pay, you, the composer. They charge a fee for their
promotion and distribution services.
Print
Licensing:
May
I buy the sheet music of your song?
May I make a photocopy of your song?
| Please

|
To
ask permission
·
Publisher
·
Copyright holder
(composer)
·
No Compulsory
|
|
Pay
$3-5
per sheet music copy of a song.
About $.07-.12 per sheet music goes to the composer.
|
|
V
|
|

|
Who
gives permission and what they make:
·
Money goes to publisher
·
The publisher disperses money to
composer.
|
When
you
think of
Print Licensing
think of sheet music and the publishers and retailers that sell it...
 + 
...and
remember the money pays
the composer of the song. |
How
Much Can You Make:
Print Licensing?
20% of the retail price
($3.95 per single) goes to the publisher.
About $.07-.12 per sheet music goes to the composer.
Sell 1000: $70
Sell 10,000: $700
Sell 100,000: $7,000
Source: Donald
Passman, Everything You Need to Know About the Music Business,
Sixth Edition, Copyright 2006 Free Press
|
For
print music, the
composer gets paid every time a copy of the sheet music is sold.
In most deals with publishers, this amounts to only a few cents per
copy sold.
Top
of Page Music
Licensing Dictionary Resources
---
*Bonus* How
CD Sales Make You Money
By selling recordings
of your music for the enjoyment of the listener, you make money. How much
money? The recording artist makes roughly $2 - $8 per CD sold.
Typically their record label will collect the income from CD sales and
then pay the artist. They charge a fee, just enough to
cover their promotion and distribution services.
CD
Sales:
May
I buy a CD or digital download of your musical recording?
| Please

|
To
buy a CD
·
The recording artist
·
A music retailer
·
legacyfundraiser.com
|
|
Pay
$5-$20
per CD sold, to the artist or their label.
Artist
keeps roughly $2.40 - $8 per CD sold.
|
|
V
|
|

|
Who
gives permission and what they make:
·
Money goes to the
retailer and to the artist
·
Retailers disperse CD
sale income to the artist.
·
Artists sometimes
distribute their own album.
|
When
you
think of
CD sales, think of Legacy Productions...
...and
remember the money pays
the recording artist. |
How
Much Can You Make:
CD Sales?
Typical
album deals:
13-20%
of Published Price to Dealers
(PPD)
Current
PPDs around
$12
Artist
cut per CD:
$2.40
Sell
1,000 $2,400
Sell 10,000 $24,000
Sell 100,000 $240,000
---
Legacy
Productions:
40% of profits
or roughly $8 per CD sold.
Sell
1,000 $7,400
Sell 500 $3,400
Sell 250 $1,400
Sell 100 $200
Source: Donald
Passman, Everything You Need to Know About the Music Business,
Sixth Edition, Copyright 2006 Free Press
|
For
CD sales, the
recording artist gets paid every time a copy of their recording is
sold. In most deals with record labels, this amounts to a small
percentage of each copy sold.
With
Legacy Productions, musicians can record for free. They must
commit to sell a minimum number of CDs and split money from CD sales
with Legacy Productions. Click here for more information about
how Legacy Productions can help you.
Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
Top
of Page Music
Licensing Dictionary Resources
---
How to Learn and Expect
Some musicians think that album sales are the only way to make money
with their music. If you read this article, you have learned
five additional ways to make money with your music. You can learn more by
studying the copyright law, and the various resources readily
available on the web. To learn even more, you can check out the
following music licensing resources.
Study this article, these
further resources, and our music
licensing definitions,
all available at easySongLicensing.com
Once
you know the law, make sure you expect to be paid. Some
musicians choose to give their music away freely. That's fine
for some, but if you choose to make a career with your music you will
be most successful if you expect the income you deserve for your work.
Top
of Page Music
Licensing Dictionary Resources
---
How to
Preserve and Protect
Until you have fixed your music in a tangible medium, it is not
copyrighted. That means it can be easily lost to the wind or
worse, stolen. When you have that great melody in your head,
it's crucial to record it on paper and in an audio recording.
When you do, you gain immediate protection under the United States
Copyright Law, opening five avenues to make money with your creation.
In
order to have legal proof of ownership of your work, you should
register it with the Copyright Office. This doesn't cost much;
we will help you easily register your work for $120 total. It is worth every penny if you plan to
make money from your creation.
How to Register Your Work with the
United States Copyright Office
We can help you register your musical composition
with the United States Copyright Office for $120 total. Call
1-800-360-5192. We will ask you a few simple questions about
your work, ask you to send us your composition, and then we'll handle
your Copyright submission on your behalf.
To
write your music, you can use a software program such as Finale,
Sibelius or one
of the dozen other choices available to you when you Google "music composition software".
Or you can write your music by hand on staff paper available at your
music store.
To
record your music you can buy studio time. That can add up, though,
and become expensive. If you do pay for studio time, make sure
you are well rehearsed to minimize time in the studio. Also, ask
your studio to guide you to stick to a time budget you can
afford. Alternatively, hire a service such as Legacy
Productions to record you much more affordably at your location or
at their studio, and split profits from your album sales. Click
here for more information about
how Legacy Productions can help you.
Top
of Page Music
Licensing Dictionary Resources
---
How to Be There to Collect
Even if your music is protected under copyright, and even if you know
all the ways you can make money, that does you no good unless those
who want to use your music can find you to ask permission.
For
that reason it's crucial that you are visible. You should register your music with a public performance rights
agency and publish a web site with your contact information.
For
more information on registering with a public performance rights
agency, contact ASCAP, BMI
or SESAC. Once
you register, people who want to use your music will be
able to search for you in the PPR databases.
Also, no matter your
budget, we recommend that you build a web site right away. You
can hire someone to build a web site for you, or you can build a free web site at geocities.com.
It can be bare bones basic, but must include complete copyright
information (title, composer, copyright date) for each composition you
wrote and complete contact information. Your web site doesn't
have to look fancy. Even a basic site will ensure that anyone who wants to use your music will be
able to easily find you with a Google search.
Top
of Page Music
Licensing Dictionary Resources
---
Conclusion
There is a lot of money to be made with music. Last year, public
performance agencies paid musicians more than a billion dollars for
use of their songs on radio and in public places.
From
the early 20th century until the 1970s, big industry players
controlled music distribution because they alone held the
manufacturing technologies used to replicate the media. Today,
home technologies have made music so easy to copy that it has become
almost intangible.
Music
users become emotionally attached to music and sometimes forget that
someone else actually owns it. Even musicians sometimes don't
understand the extent of their ownership.
In
order to earn all you are owed for your music, you need to learn and
expect, preserve and protect, and be there to collect. You need to
learn about your copyright protections and how to use them to make
money. If you want to make money, you need to expect the
royalties you deserve. Your music is only protected if it is
copyrighted. For that reason, you need to fix your music in a
tangible form and protect it by registering it with the United States
Copyright Office. When people want to ask you permission to use
your music legally, you need to make sure they can find you.
Being there to collect means being visible so that your customers can
find you to get you paid when they use your music.
Remember, if you want to be paid all you
are owed for your music, you need to
1)
Learn and expect,
2)
Preserve and protect,
3)
Be there to collect.
---
Top
of Page Music
Licensing Dictionary Resources
|
|