Q. If the publisher gets 50% of the royalties and since Jen is self-published, it's my understanding that she's got to sign up with BMI or ASCAP as both writer and publisher. To me it looked like while BMI was free for the writer, it was $100 for the publisher to join. Seems steep, when we're probably not going to be seeing royalties for awhile. So perhaps the question is, is the publisher part retro-active? ie if 2-3 years from now, we're starting see royalties, can we go to BMI and get the back-due, publisher royalties? ie only sign up for publisher after we start seeing royalties? That's why I was wondering if it's a good idea to put a "publishing company" on the CD, even if we're not signed up with BMI as one, something to make it easier to retroactively claim the publisher royalties?

What did you do? Jen says you're signed up as BMI, did you also sign up as publisher?

A.The royalties are not retroactive in any case (I have already asked that question, too)

As of right now, 95% of my sales are at the edge of the stage. I get everything anyway.

If you do join as a publisher, don't forget to get her the assumed name filing at the county courthouse. That way, she can still collect checks written to JEN RATHBUN MUSIC without having to incorporate. You *will* have to set up a seperate bank account in this case.

Q. I have a talent for editing MIDI music.  I have created a Professional CD based on other people's midi's. I have redone the music into an arrangement of my liking and I would like to sell this CD.

First off, I am not for stealing other people's work - this is why I am asking these questions....

What shall I do if the contact info is out of date?? What shall I do if there is no contact info? Is it safe to assume the song was released as public domain?

In short, I want to be able to use someone else's music although the arrangement is my own original work. I have created a CD, but before I even think about getting it published I want to make sure I am in the green. I don't believe in stealing music.

A. I want to congratulate you on your principles. Most folks today think nothing of ripping off the songwriters for their own gain.. Here's your answer...

Even if the record company has closed and everyone on the record is dead, you probably still have to pay royalties. The song does not become public domain until 95 years after the death of the songwriter. To Go to http://www.harryfox.com and click on the 'mechanical licensing' link. Then select the 'limited quantity licensing' link if you intend to release fewer than 2500 copies. Then select the 'song search' link. Then select the 'statutory mechanical rate' link. Write down the rate that applies to your song length. and hit 'back' and fill out the song title

When your list pops up, select the version that you are covering. There will probably be several identical titles, so pick the one with your artist's name on it. Repeat this process for each of the songs you are covering.

The current statutory rate for a typical song under 5 minutes is about 8 cents. You have to purchase licenses for at least 500 copies. (Even if you only burn 100). That means that you will pay $40.00 minimum for each song you cover. This may affect how many songs you decide to place on your CD, as well as how many you decide to manufacture. You have to pay in advance of your release.

Congratulations! Now you know everything you need in order to produce a CD of cover material.

Q. I wrote a set of lyrics for a song with a cowriter friend of mine, oh, probably a little over a year ago. I had written most of the lyrics and the cowriters share tended to be mostly, "what if you used this word", or "this line could be stronger." But I'm glad to share credits, that's not the problem.

The cowriter, at the time, had many more contacts than me and was sending it around to melody writers to see if we could get any bites. We didn't and time passed and I revisited the lyrics a time or two and continued to rewrite a line here and there. I have tried to contact the cowriter on more than 3 occasions over the past year to see if they wanted to do anything with the song and as of today have heard nothing from them.

The last time I wrote to them I said that I would like to send it to a few of the contacts that I have made and see if I could get a demo of the song made. If they wanted to help out that was fine and if they wanted out that was fine too, but still no response. I feel that the lyrics are mine to do with as I please, but I want to do the right thing. What is the proper time limit, number of times to try to contact on something like this (is there one?) and am I on the right track for this type of situation?

A.Your situation is not hopeless. Far from it.

You don't need your co-writer's permission to get a demo made or to pitch it to publisher, and there is no time limit. Either of you may pitch the song as long as you continue to honor the co-writing credits. Since he did not compose the music portion, you would have a 25/75 split in your favor, should you ever receive a royalty from it. The credits would read, "Greatest Tune in the World" by (words Author (just call it you and him)) and (music composer) call this you)). The credits look like 50/50, but since you also wrote lyrics, you should get a portion of that too.

In the future, when you co-write a song, you should sign a co-writers agreement, so that these issues don't get in the way of the song's success. You can find a good one in John Braheny's book, "The Craft and Business of Songwriting" available on amazon.com.

You should also go ahead and copyright the song along with his last known contact information. Use form PA located at the copyright office link at http://www.loc.gov.

good luck!!

Q. I want to record a song that I didn't write. Is it true I don't have to worry about royalties to the songwriter if it is older than 20 years? Or if I make less than 10,000 copies?

A. I've been dyin' for someone to ask me this question!!

I believe the time limit your are refferring to is a reference to 'public domain'. A song is considered public domain 70 years after the death of the writer! Until then you are required to pay royalties for its use. Even for ONE copy. However, this is not expensive. If the song is listed in the database at the Harry Fox Agency, you can pay it online. You must pay an $0.081 (eight point one cents) royalty for every copy of a song on every CD you BURN - it is not based on actual sales. e.g. - if you have burned 500 copies of a record with one cover tune on it, (assuming the rest are your original compositions), you would owe Harry Fox $40.50. Not bad... Harry Fox will see that the money is distributed to the publisiher (minus their adminstrative fee.)

If your own music is being covered or parodied, you may want to register your works with Harry Fox so you can get YOUR money too. Otherwise folks who want to pay you can't find you. Make it easy for them.

Alternately, you can contact the publisher for payment information, but they will bog you down in paperwork amd make you wait forever if you are not brining the 10,000 copies you mentioned. If you get caught distributing cover music, the fines are up to $10,000 PER COPY you have distributed that they can find.