COPYRIGHT

A copyright is a legal device that provides the creator of a work the right to control how that work is used. A copyright automatically comes into existence the moment an author fixes his/her work into a tangible form.

Exclusive rights include:

  • Reproduction: With a musical composition, no one can record it, publish it as sheet music, use it in film, or otherwise copy it.
  • Distribution: Apart from the right to reproduce the composition, there is a separate right to initially sell or otherwise distribute copies to the public.
  • Performance and Display: This includes performance in nightclubs, airplay, television, amusement parks, supermarkets, elevators, or anywhere else music is heard publicly.
  • Adaption or Derivative: Any new creations prepared from the protected work are covered in this right.

Copyright registration is the process of making a public record of one's copyright. Registration is one of the most valuable assets a musician can have. If a song is important enough to take the time to write, rehearse, perform, and record, then it deserves registration. A copyright registration carries the rights to attorney's fees and statutory damages up to $100,000 in an infringement suit.

  • Form PA (Performing Arts) is used to register copyright to the underlying composition itself.
  • Form SR (Sound Recording) is used the register copyright to the actual recording of the composition.

After the registration materials have been submitted to the U.S. Copyright Office, written confirmation of the copyright will return in two or three weeks. Once a composition has been registered, the writer can now become affiliated with a music licensing company.

Registration with the U.S. Copyright Office will include the following:

  • Completed Form PA and/or Form SR
  • One complete copy of the recording
  • One complete copy of an unpublished work or two complete copies of a published work
  • Filing fee

MUSIC LICENSING

BMI

BMI is the leading performing rights organization, representing writers and publishers spanning all genres of music. There are over 4.5 million musical works in the BMI catalog. BMI works on a non-profit basis. There are no registration or membership fees. BMI collects license fees and distributes all available income except for a modest reserve.

ASCAP

ASCAP is a performing rights society that represents its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works.

There are two membership classifications with ASCAP:

Writer Member- Writer or co-writer of a musical composition or song that has been:

  • Commercially recorded
  • Performed publicly in any venue licensable by ASCAP
  • Performed in any audiovisual or electronic medium
  • Published and available for sale or rental

Associate Member- Writer or co-writer of a musical work or song registered with the U.S. Copyright Office

Registering with ASCAP requires no cost to join and an annual membership fee of ten dollars. ASCAP recieves payments by negotiating license fees with users of music and distributing these monies to members whose works were performed.

SERVICE MARK

Just as a product name is protected as a trademark, your group name can be protected as a service mark. When you file a registration of your service mark, you will establish use of a name, a date on which you are using it, and a legal presumption that you own it. Similar to copyright, you can establish rights to a mark based on legitimate use of the mark, and you may use the "SM" symbol regardless of registration.


MAILING LIST

Get to know your fans. Use a mailing list to find out who your fans are, what they like, and to keep them informed on what you are doing. Your list may include information about big shows, live performances, band news and stories, merchandise and CD releases, special offers, photos, response to fan mail, and press reviews. A mailing list will prove to be a simple, yet effective marketing tool for any musician.

Start your mailing list by adding those who all ready support the band, such as friends, family, and co-workers. Keeping in mind that every name counts, don't forget about that cousin who lives out of state who also has a collection of names to contribute.

Take advantage of live gigs to solicit new names to your list. Start at the front door. Give the door guy twenty bucks to have people fill out a postcard and stamp their hands with your web address or band name. After the show, don't let that notepad you left at your merch table work on its own. Approach your listeners, thank them for coming to your show, and invite them to join your mailing list.

Another method of building your fan base is by distributing postcards in your CDs. Whether it is from your street team or a from a retail store, everyone who purhcases an album will have the opportunity to fill out and send their postcard. Be sure to appeal to your fans and make it worthwhile to join your mailing list. Take it one step further by making it an official fan club full of such benefits as posters, photos, and album singles.

Your postcards should be designed to be more than just contact information for your mailing list. Ask questions that will really assemble a profile of your core customers and help you to better target your audience.

    • Tastes and Preferences
    • Favorite Radio Station
    • Age
    • Favorite Song
    • Sex
    • Occupation
    • Records Purchased in the Last 6 Months
    • Name
    • Where he/she has seen you Perform
    • Address
    • Favorite Website
    • E-Mail Address
    • Favorite Magazine
    • Phone

A cost effective way of distibuting your mailing is by e-mail, but you can also print your news, calendars, and announcements and send them by regular mail. Once you have established a solid mailing list, it will serve as your customer database for all of your direct mail marketing. Create a flyer with a tear-off order form announcing the release of your new album, send a catalog of band merchandise, or send a postcard to advertise a live show.

As your CD sales will impress someone in the entertainment industry, a large mailing list will be equally impressive. When you have built a large mailing list, mention it and its numbers in applicable press kit cover letters.


PRESS KIT

A press kit is an essential tool for presenting your product and making a first, solid impression on the industry. It can be used to promote an individual CD release or to introduce your act to the music scene. Your kit's professionalism and quality will serve as a direct reflection of your product or image. It should be simple, informative, and concise.

The main components of a press kit consist of: A jacket, a personalized cover sheet, a fact sheet, a biography, a quote sheet, a publicity photo, and a demo.

  • The jacket is a combination of an attractive cover and a holder for all of the other elements of the press kit. It should be a folder with pockets and a slot for your business card, or it can be a large envelope.
  • The cover sheet is a letter to pitch your proposal to a radio station, club manager, or newspaper. Personalizing the letter with the name of the individual recipient helps make a lasting impression.
  • The fact sheet is a list of key facts about your band. It includes accomplishments, big shows, and air play.
  • The bio focuses on your band's personal strengths and musical history.
  • The Quote sheet includes any reviews, articles, or media coverage of your band or your work.
  • The publicity photo assists in supporting your band's image and the character of your music.
  • The music demo should be your strongest material. In preparation, keep in mind that your demo should include a maximum of three songs.

Part of being a great band is having a great press kit. By sending a press kit to radio stations, clubs, newspapers, record companies, and magazines, your band will be the one that is noticed in the music scene.