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  1. #1
    5150 Edson's Avatar
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    11.14.12 @ 08:49 AM
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    Default music publishing question

    I have recently started the process of starting up my own publishing company. My question is lets say I want to try to get a song placed from an outside writer who has already recorded and registered the song with BMI or ASCAP. How do I go about it so my company can collect monies as well? I know I will have a contract with this writer for that particular song, but if they said they are the publisher with BMI how can someone like me come in and work that song?

    This is new to me and very confusing, any help is greatly appreciated!
    kidboy500

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    On Fire Warmoth's Avatar
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    12.20.12 @ 08:26 AM
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    are you the artist trying to record it? if the song is already published (from my understanding) you need to be a member of ascap, sesac or bmi. As a publishing company you will need to be a registered company under one of these since they are the pay people. Royalties are paid for multiple reasons and based ok what percent of the publishing you share. If another company already owns 100 percent of the publishing then they will need to divide that up with you. In most cases I have seen that is a rare occurance but depending on the deal and artist I suppose anything is possible.
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    12.13.17 @ 12:19 PM
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    Default

    I know that ATDT here has published tunes and so has Brett to give you an example of two screen names of guys here who have published.

    I am curious for the answer as well as our band is just now starting to record original stuff. I mean it is just for our enjoyment, but I was figuring I might as well get it registered/copyrighted when we are done.

    If you go to the ASCAP and BMI websites you may find answers there.
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  4. #4
    5150 Edson's Avatar
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    11.14.12 @ 08:49 AM
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    Default

    Yes, I am personally a member of BMI. I plan on registering my LLC that I formed with BMI as well.

    I guess part of the reason I'm confused, is if anybody here has registered a song with BMI they know that once you register a song if there is no publisher on that song you don't put one down. After you register that song you can come back and edit it. So if I'm trying to get somebody else's song a license and am acting as their publishing company how can I do that the right way since it won't state on BMI that I am their publisher.

    Now a side note, i'm only planning on doing non-exclusive agreements with anybody, don't want to lock anybody's songs down with me. But I still want to go about it the right way.

    Thanks,
    damien

  5. #5
    5150 Edson's Avatar
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    11.14.12 @ 08:49 AM
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    Default

    Actually, i just got this response from another forum which really makes it easier to understand.

    "OK, at BMI and other Performing Rights Organizations like ASCAP there are two kinds of accounts, a writer account and a publisher account. A writer can register their songs in a writer account, which is what I presume your client has done. All you need to do is open a publisher account at BMI, for instance, and register the song under your account. BMI will see the song has already been registered and will send the songwriter a notice that someone else in trying to claim their song. Then your client can reply to BMI "yes, kidboy500 is my new publisher" and BMI will adjust the record in the database. This process should work even if they opened a writer and a publisher."

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    07.04.16 @ 08:03 PM
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    Default

    Quote Originally Posted by Edson View Post
    Actually, i just got this response from another forum which really makes it easier to understand.

    "OK, at BMI and other Performing Rights Organizations like ASCAP there are two kinds of accounts, a writer account and a publisher account. A writer can register their songs in a writer account, which is what I presume your client has done. All you need to do is open a publisher account at BMI, for instance, and register the song under your account. BMI will see the song has already been registered and will send the songwriter a notice that someone else in trying to claim their song. Then your client can reply to BMI "yes, kidboy500 is my new publisher" and BMI will adjust the record in the database. This process should work even if they opened a writer and a publisher."
    Sounds like you got your answer. You should establish some sort of basic contract with the artists you're publishing, though. There's likely some contract examples on the web you could borrow from. (Years ago I produced a film that used over 25 songs from local Twin Cities musicians. Our lawyer simply searched for and read numerous film music contracts in order to construct the contract we made up for our contributing artists.)

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    5150 Edson's Avatar
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    11.14.12 @ 08:49 AM
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    Thanks again everybody for the advice.

    Now a new question. Lets say I'm working on a licensing deal to get a song in a movie. In this example lets say I wrote 0% of the song and the other person wrote 100%. Lets also say we decided to split up the publishing 50/50. Lets say the total payout is $1000. How does that actually breakdown with a synch deal?

 

 

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