MUSIC BASICS For The INDEPENDENT SINGER-SONGWRITER

I began performing music in the mid-1960s, and here are some of the things I learned along the way.

1. ORGANIZE! This will save you a lot of headaches and confusion down the road.

a. Create a music catalog listing all of your songs by the title and dates written, if known.

b. Save, index, and catalog all of your lyric sheets and demo recordings.

c. Create backups of your audio masters & copyright deposits and store them in a safe place.

d. Create an outgoing Mailing/distribution List to keep track of where your products went.

e. As the songwriter/composer, you are your own publisher and you own all the rights.

2. Register your songs with the US Copyright Office in Washington DC. The forms come with instructions.

a. TX: For registering song lyrics. [All three forms can be used to register a collection of songs under one title.]

b. PA: For words & music and sheet music. Often used by indie artists and labels to protect their product.

c. SR: Use this for protecting the sound recording note for note as well as the basic words and melody.

d. Online registration is $35 per application, whereas the paper mail-in form is $65 per application.

e. Register a group of songs under one title for the same $35. [I’ve registered over 500 songs this way!]

f. Registration is complete and effective once you have entered the information, paid the fee, and mailed,

uploaded, or hand delivered your deposit [CD, tape, etc] copies to the Copyright Office. [I registered my first

copyright in 1977 using paper forms, switched to online, and always hand delivered my deposit copies.]

g. If you co-write, always register those co-written songs separately from your solo written songs. Copyright

protects ownership, so don’t give ownership of your solo songs to your co-writer!

h. Federal Courts are very reluctant to acknowledge the “Poor Man’s” copyright in infringement cases!

i. Avoid those “copyrighting services.” Really similar to the “poor man’s copyright, and you’ll basically end up

paying more than U.S. Copyright registration.

j. I personally will not grant a Creative Commons License for the use of my songs because it strips away

certain exclusive rights, and circumvents some important provisions of the Compulsory License.

Library of Congress Copyright Office [www.copyright.gov]

101 Independence Avenue SE

Washington DC 20599-6000 [202-707-3000]

3. Join BMI as a writer/composer member and register your songs in your “Works” catalog.

a. Your songs can’t earn performance royalties until they’re registered in your Works catalog!

b. BMI has a publisher membership, but if you are only publishing your own [and maybe your co-writer[s] songs,

there’s not need to join as a publisher member.

c. You are not obligated to join BMI, but by doing so you can earn some extra pocket money from radio airplay

and the BMI Live program. You should also know this: The P.R.O.s, BMI, ASCAP, and SESAC are NOT

music publishers or record labels, and you do not need their permission [whether you’re a member or not] to

record, publish, or produce your songs, start a record label or a publishing company!

[I’m a BMI writer member with over 200 songs in my Works Catalog, and a Mechanical Copyright Protection

Society member, a United Kingdom organization that licenses my song “Yeah I’m A Cowboy” that was also

released on a British record label in 2006]

BMI, Nashville [www.bmi.com]

10 Music Square East

Nashville, Tn. 37203 [615-401 2000]

4. Join SoundExchange as the copyright owner and/or artist. They monitor streaming sites like “Jango” and

“Pandora” and collect for the public performances of your sound recordings. [My BMI songs are also registered

with SoundExchange]

SoundExchange [www.soundexchange.com]

1121 14th

Street NW, Suite 700

Washington DC 20005 [202-524 7839]

5. I have never paid for radio airplay in my life and I’m not about to start! I have a stack of radio playlists

dating back to the early ‘90s listing my songs being broadcast internationally on real radio stations.

a. Real [terrestrial] radio stations do no charge you to play your songs!

b. A number of streaming services like “Jango” go under the guise of “radio station” and charge you to post

your music and then charge its members to stream/listen them. Know the difference, and check the directories for

real radio stations that you can snail-mail or upload your music to.

Familiarize yourself with some basic music terminology and learn how the different entities function.

exclusive right non-exclusive right music publisher

publishing contract reversion clause work-for-hire

recording contract mechanical license mechanical royalty

performance royalty statutory royalty rate compulsory license

major label indie label producer

subsidy publisher subsidy record label compilation label

The music publisher is the “song supermarket” and their sole purpose is to get as many cuts of your song as

they can. The music publisher is generally the only entity that you’ll give “exclusive rights/ownership” of

your song to because they will require you to assign your copyright to them for a specified period of time in order

for them to commercially exploit your song. The publishing contract should also include a reversion clause that

returns your copyright if the song hasn’t been commercially released within a specified time. [6mo. to 1yr.]

Everyone else gets a “non-exclusive” one-time [and sometimes a world-wide] right for a specific use.

In the old days a publishing contract could span 35 years. It’s considerably less now, since some songwriters

began to balk at the idea of their songs being held that long by lazy music publishers. Likewise, staff writers do

not own the songs they write [work-for-hire] for the publishing companies that employ them!

1. Read every contract very carefully. If you don’t understand the provisions therein, ask questions. Don’t allow

yourself to be pressured into signing on the spot, until you fully understand the contents.

2. A mechanical license is issued to anyone who wants to release your song on a fixed medium, and a mechanical

royalty is the money earned from the sale of the released [tape, CD, video] product.

3. A compulsory license is issued by the Library of Congress when you can’t find the publisher or copyright

owner, or when the owner wants an outrageous fee. You will then be subjected to the current Statutory Royalty

rate set by the Copyright Office. Which means you will have to keep accounting records.

4. A performance royalty comes from license fees the PROs collect from radio stations and from the licensed

venues where you perform your songs live.

5. If someone wants to record [as opposed to live performance] your song, issue them a mechanical license,

and also know that they own the Masters and finished product. You own the song, but they own the product.

6. Any negotiation for the use of your songs should be made with a written contract. Honorable handshake

deals died with my grandfather! In the words of President Ronald Reagan, “I don’t remember!”

7. Traditional Music Publishers do not accept song lyrics and song poems, and they do not charge you to

publish your song!!!

Recording Studio: [I don’t do demos in the studio]

1. Whoever pays for the recording session owns the Masters, which is why I’ve always paid for my sessions.

And you should really use the studio to “record” and not to rehearse.

2. You should not sign a “recording contract” to use a studio. You sign a receipt for the use of the studio time,

the engineer, the mixing, the master, copies, and session musicians if you hire any. Make sure that receipt does not

give the studio any rights to your songs or your Masters!

3. You are not required to hire a “producer.” If they insist, take your money and run! YOU are the producer

and you should record it the way you want it, not the way the studio wants you to! Remember, you are merely

renting their facility and services. On the other hand, if you don’t mind their input & expertise, [which can be

beneficial] feel free, but remember, you are not obligated!

4. The recording studio does not own your Masters and has no right to keep or store it for future use, if you

don’t want them to. You can take the Masters, but you’ll have to pay for the material. In the old days a number of

us in Nashville did this with studios we regularly used, and kept a duplicate master at home. However, some of the

Masters I hadn’t duplicated were lost in a studio fire! The choice is yours.

5. Evaluate studio “block time” rates and compare them with by-the-hour recording. Block time comes with

a lot of pressure and can be very exhausting for some. It might be advisable to break up your project into several

smaller sessions so that you are relaxed and get what you want.

6. “Package deals” to produce “x” amount of CDs are basically extra money makers for the recording studio. A

number of artists generally take their Masters and do their own duplicating or use an independent house.

Traditional Record labels usually sign you to a written contract for x-number of years, pay for all the

production expenses, and put you on tour because they see you as a marketable entity. In general, you become their

“property.” The money split generally works like this: The Record Label splits the gross 50/50 with the Song

Publisher. The Publisher splits 50/50 with the writers, and the label gives the artist about 15% of the net, after

they’ve recouped the production expenses! Should you land a traditional label deal, be wary of taking too

many advances because you won’t see a penny until all of this money is recouped by the label!

Subsidy Record labels make you pay them to produce your music. Some of them capitalize on one’s vanity

and not so often on artist “marketability” because (1) they don’t have the capital to produce you, (2) they may not

really have a lot of faith in your marketability (3) some don’t care if you lack talent, as long as you’re footing the

bill they’ll keep churning out copies and tell you what you want to hear.

Compilation record labels are not “real” record labels. You’re merely buying a slot on their production for

radio airplay distribution, promotional purposes, and they very rarely do commercial distributions. While none of

these subsidy organizations are illegal, you should try and determine if their service is beneficial to you.

Once you’ve released your product, learn who and who not to give freebies to. Generally, you’ll get the most

lip service about how “great you are” from those that won’t buy anything. I generally set aside about 5% of each

release for freebies. Fans that have been consistently buying my products over the years get periodic freebies. A

select few of them have permanent freebie entitlement to any of my products! I also send freebies to some of my

DJs to give to their listeners. You take care of those that take care of you.

1. Your talent can take you places, but your demeanor and ethics will take your farther.

2. Always be polite. You don’t have to like, be friends with, or agree with every musician you meet, but don’t

short-change yourself by snubbing or ignoring a potential resource that might be able to help you somewhere

down the line.

3. For the same reason, always check out the information on the music materials you are given because these

will also help you determine who really is or isn’t a viable resource that might benefit you.

4. Don’t be afraid to share music tips or refer others for a gig that you can’t or don’t want to do. [I can’t begin to

tell you how valuable this has been to me, and make sure you recommend a reliable person!]

5. Say what you mean, and mean what you say. Pretentious and unreliable people are a waste of time!

6. Listen, learn, observe, promote, and look for possible positive things in negative criticism. It will help you grow.

7. Writer’s Digest has a wonderful series of books about the music business!

8. When you perform in public you have very limited privacy rights. You’re going to be photographed &

filmed. It comes with the territory and also provides extra exposure.

9. Nobody likes a jerk, no matter how good you are, and don’t waste your creative energy being jealous and

resentful of others. Don’t be intimidated by others, do what YOU do best and keep on making music!

Serious songwriters and music publishers know that it’s very important to protect their songs from illegal

usage, and unintentional ownership by others. Don’t be discouraged. Even though the music business is a

complex uphill endeavor, research, perseverance, organizing, self promotion, and level-headed thinking will spare

you a lot of headaches. Be vigilant, but not paranoid, and have FUN!

From 1995 to 2002 I published a magazine called the Top-Rail Chatter for indie country music artists that dealt

with these topics. In 1979 when I finally decided to get serious about my music I only wanted to be a songwriter

and have my songs played on the radio. We don’t always get what we want when we want it, so along the way I

also had to sing, yodel, publish, promote, produce, and distribute my songs. If I can, you can! …Mike Johnson

ARM YOURSELF by EDUCATING YOURSELF! And Good Luck!

Over 1200 Mike Johnson Song Lyrics * Mike Johnson’s Copyright, Art, Music, Literature, Photography, and Mail-out catalogs

Mike Johnson’s song Copyright Masters & Cassette Masters Radio DJ Playlists featuring Mike Johnson songs

Mike Johnson’s Nashville Studio Masters Over 100 Mike Johnson demo tapes

Mike Johnson’s Roughshod Records CD stock & some VHS Video Masters * Mike Johnson’s music catalogs, reference books, and

individual files for singers, songwriters, radio stations & playlists, production companies, songwriting organizations, indie record labels,

book manuscripts, and camera ready formats for art work, flyers, posters, brochures, sheet music, and Top-Rail Chatter magazine layouts,

etc.

a Top-Rail Chatter Supplement ©2010 MAJJ Productions, P.O. Box 100933, Arlington Va. 22210 Art, Literature, Music, Photography, Video * www.freewebs.com/blackyodelno1 * www.cdbaby.com/artist/mikejohnson * www.youtube.com/by1no1

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