Songwriting Tips, News & More

Songwriting Tip: Why You Still Should Register A "Copyrighted" Work

Posted by Jessica Brandon on Tue, Mar 29, 2016 @07:00 AM

Songwriting Tip: Why You Still Should Register A "Copyrighted" Work
by Justin M. Jacobson, Esq., The Jacobson Firm, P.C.

copyright_stamp

While many creatives in the entertainment industry believe (and are partly correct) that a work is copyrighted as soon as it is fixed in a tangible medium it still pays, often literally, to formally register the work with the U.S. Copyright Office, particularly where legal issues are concerned.

A common misconception in the entertainment industry is that an author has a “copyright registration” in the work upon completion and the publication of the created work. However, this is not true. Although the Berne Convention, which the United States is a signatory to, creates a “universal copyright” or copyright upon creation and publication of a work, the work is not “registered” until it has, in fact, been registered with the U.S. Copyright Office. Truth be told, all of the benefits of copyright ownership are not available in America until the Copyright has been registered.

Registering a copyright is as easy as preparing and submitting an application to the United States Copyright Office with the appropriate filing fee and a copy of the copyrighted material. Once the work is registered and the certification is issued, the benefits of the registration begin immediately and are retroactive to the original filing date of these elements.

While it is established that a copyright is automatically created in a work upon the completion of the original work of authorship, when it is fixed in a tangible medium of expression; a formal registration of the creative materials with the U.S. Copyright Office within three months of public release provides additional, valuable benefits to the creator of the work. Some of these benefits include that the work now becomes a matter of public record and is available for search within the U.S. Copyright Office and the Library of Congress. This makes it easy to search and verify the ownership and extent of an existing, copyrighted work. This permits an individual to quickly find and contact the creator in the event that the individual desires to use or license the copyrighted material.

Additionally, in order to bring a copyright infringement lawsuit when an author believes that one of their copyrighted works has been infringed upon, the work must be registered with the U.S. Copyright Office prior to instituting a lawsuit. A valid registration certificate constitutes prima facie evidence of valid copyright ownership in the work after five years. Also, if the owner has filed for registration prior to the infringement or within three months of publication of the work, the author may be entitled to recover actual damages incurred, statutory damages as well as attorney’s fees. These fees can exceed the actual damages incurred by the copyright owner.

A valid registration also defeats a defendant’s defense of being an “innocent infringer” and provides increased statutory damages for infringements found to be “willful.” It also allows for the owner to easily license and catalog the various rights in the works.

Therefore, while there is no requirement to register a work to receive a “copyright” in the creative work, the existence of a valid copyright registration certificate provides numerous benefits to protect the work as well as provides monetary and licensing benefits that would not exist without the certificate.


[Article used by permission from Justin Jacobson]

Justin M. Jacobson has helped bring in numerous new high-profile clients, including Celebrity DJ/Producer Joshua “Zeke” Thomas and his Gorilla Records label; international live art competition, ArtBattles; G-Unit Records recording artist, Precious Paris; former NY Jet Donald Strickland; Warner-Chappell producer, J-Dens; celebrity jewelry designer, Laurel DeWitt; and BMI Latin award-winning producer, Carlos Escalona. He also spoke at Cardozo School of Law as part of “Beyond The Billboard: Advertising Law in the Fashion Industry” presented by their SELSA & IPLS Fashion Law Committees. He is a lawyer at The Jacobson Firm, P.C.: http://www.thejacobsonfirmpc.com/
  
To enter the 21st Annual USA Songwriting Competition, go to: http://www.songwriting.net

 
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Tags: songwriter, song writer, song write, Song writing, Songwriting, songwrite, song demo, copyright a song, Registering a copyright, U.S. Copyright Office, Co-Writing Songs

Songwriting Tip: Does your Latest Song Sound Similar to Ones Before?

Posted by Jessica Brandon on Tue, Mar 22, 2016 @07:00 AM

Songwriting Tip: Does your Latest Song Sound Similar to Ones Before?

by Mylène Besançon

 

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For many songwriters, one of the biggest challenges is ensuring that their songs are unique. With music lovers tending to have very discriminating hearing and short attention spans, picking up on similar patterns, lyrics or recurring themes between two or more of your songs could easily turn them off, regardless of how subtle the similarities are.

In a saturated music market, it’s not uncommon for different songs from different songwriters to sound similar, especially in genres such as pop. Listeners, though, are less likely to be forgiving when they are from the same songwriter.

So, how do you avoid plagiarizing your own music (or anybody else’s for that matter?) Whether you’re a known songwriter or still in obscurity, there are a number of ways to ensure that all of your songs sound different from each other.

  1. Have friends and family review your songs: If you have a large catalog, you may not have the time to go through all your previous songs to see if a new one sounds similar. But, you can ask people who are close to you and are familiar with your music to read through your lyrics and listen to the song to determine if it’s noticeably similar to anything you’ve done before.

  2. Invest in a low cost music production company: This really depends on what you can afford as a songwriter who is trying to make a career out of your writing talent. However, if you’re out of writing ideas and in danger of using the same melodies in new songs, you should contemplate investing some money into an affordable music production house that can bring fresh ideas to the table to match your style or even help you revamp songs you’ve already written so that they sound totally different.

  3. Expand your repertoire: If you’re already well-known for writing songs based on certain themes, rhyme schemes and genres, you may want to broaden your horizons without totally alienating your fan base. This may be a balancing act but music history is littered with singers and songwriters who successfully crossed genres and strayed from the prevailing themes of their song collections, earning new fans and expanding their markets in the process.

  4. Collaborate with another writer: People co-write songs all the time and, while this may cut into your royalties, it is better to share than risk losing listeners due to unoriginality. However, be sure to work with someone who is a good writer and can bring fresh ideas to the table.

  5. Learn an instrument: Some of the best songwriters are those who also play an instrument, such as the guitar or piano. Adding an instrument to your skillset can serve as inspiration and as a guide in your head when trying to write fresh lyrics.

As a songwriter who intends to make a life and living from your talent, having a steady stream of songs under your belt is the only way to keep going. However, continuously writing songs may eventually take a toll on the imagination, making it harder to compose a song that has its own identity when compared with all those you did in the past. The preceding tips could help you to survive such trying periods whenever they arise.

Mylène Besançon is the CMO of SongCat LLC, a top-rated online recording studio. We believe that by making professional music production financially accessible to anyone with a dream and a voice, we have the potential to change the musical landscape forever. Visit http://songcat.biz to learn more.

  
To enter the 21st Annual USA Songwriting Competition, go to: http://www.songwriting.net

 
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Tags: songwriter, song writer, song write, Song writing, Songwriting, songwrite, song demo, copyright a song, Registering a copyright, U.S. Copyright Office, Co-Writing Songs

Max Martin, the Most Successful Songwriter

Posted by Jessica Brandon on Tue, Mar 15, 2016 @07:00 AM

Max Martin, the Most Successful Songwriter (in the last 20 years)

MaxMartin.jpg

Just turn on Top 40 radio and you will hear one of his songs "Shake It Off", a song recorded by Taylor Swift. Max Martin, is a Swedish songwriter and producer has replaced Diane Warren as the most successful pop songwriter of the last 20 years.. He rose to prominence in the mid-1990s after making a string of major hits for artists such as the Backstreet Boys, Britney Spears, Bon Jovi and NSYNC. Some of his earlier hits include "I Want It That Way" (1999), "...Baby One More Time" (1999) and "It's My Life" (2000).

Martin, born Martin Sandberg in Stockholm, won the Grammy for producer of the year, non-classical, in 2015 and Album of the year (for Taylor Swift’s “1989” Album) in 2016. He has written 21 No. 1s on the Billboard Hot 100, more than any other writer in history except for Paul McCartney (32) and John Lennon (26). Martin has produced 19 of the Hot 100 No. 1s, more than any other producer except for another Martin: Beatles producer George Martin, with 23. Max Martin's run began with Britney Spears' "…Baby One More Time: in 1999. He has also written No. 1s for *NSYNC, Katy Perry, Pink, Kelly Clarkson, Maroon 5, Taylor Swift and The Weeknd.

Hitting #1 on the Billboard Hot 100 Charts is the absolute "Olympic Gold Medal" measure for a songwriter. In the Billboard Charts' Hot 100's 57-year history, only Paul McCartney (32) and John Lennon (26) boast more leaders as writers.

Expanding the scope to the Billboard Hot 100's top 10, Martin's sum swells to an astonishing 58 top 10s on which he's credited as a writer. While it's not an all-time record (yet; McCartney boasts more).

 

Here are Max Martin's 58 Hot 100 Top 10s as a Songwriter

Peak Pos., Title, Artist, Peak Date

No. 7, "Do You Know (What It Takes)," Robyn, 8/2/1997

No. 2, "Quit Playing Games (With My Heart)," Backstreet Boys, 9/6/1997

No. 7, "Show Me Love," Robyn, 11/29/1997

No. 4, "Everybody [Backstreet's Back]," Backstreet Boys, 5/9/1998

No. 1 (two weeks), "...Baby One More Time," Britney Spears, 1/30/1999

No. 6, "I Want It That Way," Backstreet Boys, 6/26/1999

No. 10, "(You Drive Me) Crazy," Britney Spears, 11/13/1999

No. 6, "That's the Way It Is," Celine Dion, 3/4/2000

No. 6, "Show Me the Meaning of Being Lonely," Backstreet Boys, 3/18/2000

No. 9, "Oops!...I Did It Again," Britney Spears, 6/10/2000

No. 1 (two weeks), "It's Gonna Be Me," 'N Sync, 7/29/2000

No. 9, "Shape of My Heart," Backstreet Boys, 12/2/2000

No. 2, "Since U Been Gone," Kelly Clarkson, 4/9/05

No. 6, "Behind These Hazel Eyes," Kelly Clarkson, 6/11/05

No. 9, "U + Ur Hand," P!nk, 5/5/2007

No. 9, "Who Knew," P!nk, 9/29/2007

No. 3, "Hot N Cold," Katy Perry, 1/22/2008

No. 1 (seven weeks), "I Kissed a Girl," Katy Perry, 7/5/2008

No. 1 (one week), "So What," P!nk, 9/27/2008

No. 1 (two weeks), "My Life Would Suck Without You," Kelly Clarkson, 2/7/2009

No. 1 (one week), "3," Britney Spears, 10/24/2009

No. 10, "Whataya Want From Me," Adam Lambert, 5/1/2010

No. 1, "California Gurls," Katy Perry feat. Snoop Dogg, 6/19/2010

No. 2, "Dynamite," Taio Cruz, 8/21/2010

No. 1 (two weeks), "Teenage Dream," Katy Perry, 9/18/2010

No. 4, "DJ Got Us Fallin' in Love," Usher feat. Pitbull, 10/9/2010

No. 8, "Teenage Dream," Glee Cast, 11/27/2010

No. 1 (one week), "Raise Your Glass," P!nk, 12/11/2010

No. 1 (one week), "Hold It Against Me," Britney Spears, 1/29/2011

No. 2, "F**kin' Perfect," P!nk, 2/12/2011

No. 7, "Blow," Ke$ha, 3/19/2011

No. 6, "Loser Like Me," Glee Cast, 4/2/2011

No. 1 (five weeks), "E.T.," Katy Perry feat. Kanye West, 4/9/2011

No. 3, "Till the World Ends," Britney Spears, 5/14/2011

No. 7, "I Wanna Go," Britney Spears, 8/20/2011

No. 1 (two weeks), "Last Friday Night (T.G.I.F.)," Katy Perry, 8/27/2011

No. 3, "The One That Got Away," Katy Perry, 1/7/2012

No. 6, "Domino," Jessie J, 2/18/2012

No. 1 (one week), "Part of Me," Katy Perry, 3/3/2012

No. 9, "Scream," Usher, 8/4/2012

No. 2, "Wide Awake," Katy Perry, 8/11/2012

No. 1 (three weeks), "We Are Never Ever Getting Back Together," Taylor Swift, 9/1/2012

No. 1 (nine weeks), "One More Night," Maroon 5, 9/29/2012

No. 5, "Beauty and a Beat," Justin Bieber feat. Nicki Minaj, 1/5/2013

No. 2, "I Knew You Were Trouble.," Taylor Swift, 1/12/2013

No. 7, "Daylight," Maroon 5, 2/23/2013

No. 1 (two weeks), "Roar," Katy Perry, 9/14/2013

No. 1 (four weeks), "Dark Horse," Katy Perry feat. Juicy J, 2/8/2014

No. 2, "Problem," Ariana Grande feat. Iggy Azalea, 6/7/2014

No. 4, "Break Free," Ariana Grande feat. Zedd, 8/30/2014

No. 1 (four weeks), "Shake It Off," Taylor Swift, 9/6/2014

No. 3, "Bang Bang," Jessie J, Ariana Grande & Nicki Minaj, 10/4/2014

No. 7, "Love Me Harder," Ariana Grande & The Weeknd, 11/22/2014

No. 1 (seven weeks), "Blank Space," Taylor Swift, 11/29/2014

No. 3, "Love Me Like You Do," Ellie Goulding, 3/7/2015

No. 6, "Style," Taylor Swift, 3/21/2015

No. 1 (one week), "Bad Blood," Taylor Swift feat. Kendrick Lamar, 6/6/2015

No. 1 (one week to-date), "Can't Feel My Face," The Weeknd, 8/22/2015


  
To enter the 21st Annual USA Songwriting Competition, go to: http://www.songwriting.net

 
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Tags: songwriter, song writer, song write, Song writing, Songwriting, songwrite, song demo, Britney Spears, Co-Writing Songs, The Weeknd, Ellie Goulding, Taylor Swift, Jessie J, Max Martin

How Songwriters Make Money From Publishing

Posted by Jessica Brandon on Tue, Mar 08, 2016 @07:00 AM

How Songwriters Make Money From Publishing
by Justin M. Jacobson, Esq., The Jacobson Firm, P.C.

Songwriting

While songwriters and musicians are often advised by their fellow artists to keep their own publishing, such an approach is no longer especially applicable in the modern music economy. It is more important that artists develop a solid understanding of where exactly publishing revenue comes from, and how to deal with Performing Rights Organizations.

Every new musician is told by some other musician or industry professional “to keep your publishing” or some variation of this. Such a statement is archaic and a potentially career debilitating mistake. A better understanding of what “publishing” monies consist of and why this outdated advice of “keeping your publishing at all costs” no longer applies in today’s digital music age is needed.

Generally, “publishing money” as it is referred to, actually includes the royalties earned from the public performance of a musical work, specifically for the owners of the copyright in the underlying musical composition. Typically, the underlying musical composition in a musical work refers to the lyrics and underlying musical composition. These rights are owned by the track’s songwriters, composers and publishers.

A track’s songwriters, producers and composers must sign up with the appropriate performing rights organization to receive their public performance royalties or so-called “publishing monies.” In the U.S., the Performing Rights Organizations are ASCAP, BMI and SESAC. Each country has their own performing rights organizations, so a foreign citizen might apply and become a member of the organization for the country they are citizen of.

Once an individual is signed up with a Performing Rights Organization, they must properly index their works with that organization. This involves listing each track’s writers and composers as well as their appropriate ownership percentage. The performing rights organizations then collect and distribute these “small” public performance royalties to its members based upon its own unique pay-out formula. Each organization has its own pay-out formula and a musician can research and determine the best fit for their music on each organization’s official website.

Every Performing Rights Organization collects and licenses their members’ works for public performance usages. Some of these public usages include license fees to play the songs on terrestrial and satellite radio, on television, in motion pictures, through digital streaming services and for the live performances of the works at venues, stadiums, theme parks and concert halls as well as colleges and universities.

Today’s music business has evolved to a more 360° model, where all of the artist’s monetary revenue streams are subject to recoupment and payment to a particular entity, like a record label. These deals typically include a specific percent interest in the signing artist’s “publishing;” and, since this has become the norm, it’s nearly impossible for an artist to have such stream excluded.

In order for an artist to typically achieve the notoriety and budget needed to create a real impact in the entertainment industry, the benefits that a major label receives in return must be worth their time and effort. Without one of the most lucrative streams of income, i.e. “publishing,” such a feat is nearly impossible and impractical from a label’s point of view.

So some new advice is, keep your publishing unless you have a really good reason not to, like to bring your career to the next level, a level that you might not have otherwise been able to achieve. As they say 100% of nothing, is, well, nothing.

For additional information and membership forms, please visit www.ascap.com ; www.bmi.com; or www.sesac.com.

 

[Article used by permission from Justin Jacobson]

Justin M. Jacobson has helped bring in numerous new high-profile clients, including Celebrity DJ/Producer Joshua “Zeke” Thomas and his Gorilla Records label; international live art competition, ArtBattles; G-Unit Records recording artist, Precious Paris; former NY Jet Donald Strickland; Warner-Chappell producer, J-Dens; celebrity jewelry designer, Laurel DeWitt; and BMI Latin award-winning producer, Carlos Escalona. He also spoke at Cardozo School of Law as part of “Beyond The Billboard: Advertising Law in the Fashion Industry” presented by their SELSA & IPLS Fashion Law Committees. He is a lawyer at The Jacobson Firm, P.C.: http://www.thejacobsonfirmpc.com/
  
To enter the 21st Annual USA Songwriting Competition, go to: http://www.songwriting.net

 
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Tags: songwriter, song writer, song write, Song writing, Songwriting, songwrite, Recording, song demo, ASCAP, BMI, SESAC, music publishing, demo recording, Co-Writing Songs

Finally taking control of your songwriting

Posted by Jessica Brandon on Tue, Mar 01, 2016 @01:48 PM

Imagine… Finally taking control of your songwriting!

by Mark Cawley

ControlSongwriting
Here’s the idea. Think of yourself as an entrepreneur. Great inventors never wait for the world to discover them, they discover things the world needs or at least, the world’s interested in.   
The business model of songwriting has changed and continues to evolve. Where can you fit in? Chances are this hasn’t been part of your creative journey, maybe it hasn’t had to be but what if it were?
What if you match your song with another art form? Rather than waiting on that publishing deal or for your song to be found you get pro-active?


Before you groan too loudly I’m not talking about writing for the advertising world although it’s not a bad idea. What if your song is a match for a project or a product or even a campaign but the powers that be don’t know it? You can be the matchmaker.


For instance …
I have a songwriter I’ve coached that wrote a very cool song about coffee. She didn’t write it for Starbucks but why not reach out to them or any number of caffeine related products and see if your song can be a part of someone’s bigger vision? She has been putting it out there and getting a great response. Nothing to lose. Hasn’t landed yet but…it might and by being the writer, owning the publishing, she gets on someone’s radar and can even be more flexible than a standard publisher might in getting a usage.


Another friend and client in Australia sent me a song called “Stephen Hawking Wants You To”. I urged her to look for any projects involving Stephen Hawking. This was before last year’s movie about him. She reached a UK film company who had just done a project about him but now has a dialogue to send lot’s of her songs for possible film use.


Another for instance.
Kye Fleming and I wrote a song about a year ago called “What Would Lennon Do”. We weren’t asked to write it, didn’t think it had commercial hit written all over it, just wrote it to express ourselves. Rather than let it sit we started thinking…big. Who might want this to be a part of their message? It’s a song of peace so we reached out to the UN. Sounds far fetched? You’d be amazed at the people who are open to a good idea. It reached all the way to the secretary of the UN. They are still deciding how best to connect it . We kept thinking. We also reached out to Amnesty International and they are in the process of creating a charity single with their artist board.

So many artists are being found though mediums other than records. Someone has to have the big idea, make the connection. Why not the songwriter?


My point is your song might be someone’s solution. Thing big, think waaaay outside the box and pitch your own song. Waiting on the world to hear you or waiting on that publisher to do the work for you is getting harder than ever. Not only that but most of the best and most successful songwriters I know have always pitched their own ideas. They might have a great publisher but they didn’t always  wait for them to come up with the best idea. They became their best promoter.
By creating a vision you’re taking control of your songs, you’re taking control of your career and, the buzz you may get from  connecting your vision to someone else’s can be bigger than you ever imagined.
Control equals freedom and freedom feels great!

About Mark Cawley
Mark Cawley is a hit U.S. songwriter and musician who coaches other writers and artists to reach their creative and professional goals. During his decades in the music business he has procured a long list of cuts with legendary artists ranging from Tina Turner, Joe Cocker, Chaka Khan and Diana Ross to Wynonna Judd, Kathy Mattea, Russ Taff, Paul Carrack, Will Downing, Tom Scott, Billie Piper, Pop Idol winners and The Spice Girls. To date his songs have been on more than 15 million records. Mark’s resume includes hits on the Pop, Country, R&B, Jazz, and Rock charts and several publishing deals with the likes of Virgin, Windswept Pacific, and Steelworks/Universal. Mark calls on his decades of experience in the publishing world, as an artist on major labels, co-writer with everyone from Eliot Kennedy and Burt Bacharach to Simon Climie and Kye Fleming, composing, and recording to mentor clients around the globe with iDoCoach. He is a contributing author to the USA Songwriting Competition a popular blogger and, from time to time, conducts his own workshops. Born and raised in Syracuse, NY, Mark has also lived in Boston, L.A., Indianapolis, London, and the last 20 years in Nashville, TN.

  
To enter the 21st Annual USA Songwriting Competition, go to: http://www.songwriting.net

 
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