So...you and/or your band members want to do an independant release???
Maybe you wanna know just how to go about it?
Here's some tips.
How to do an INDEPENDENT release:
Yes! You can make money on an independent release of your music, so if you don't have the time or patience to sit around and wait for "the song police" and the local radio stations approve of your music, put it out there on the internet in the form of physical Cd's and digital MP3 music files and let the public decide!
COMPUTER ACCESS:
1)Computer Access:
*It will help a great deal if you have computer access.
*Do you have a friend that will allow you to use their computer for the purpose of uploading your music files to SNOCAP, TUNECORE, etc…?
*Do you have a computer use account at the public library so you can check your sales and stats at CD Baby and SNOCAP?
*Do you want to invest in a computer, virus protection and an internet connection?
NOTE:
If you get high speed internet, your uploading will go much faster than if you have regular dial up, so you get what you pay for on this one!
Also, you will not be able to upload music files ( MP3 files ) from a library computer.
If you decide to buy a computer and internet service be sure to get VIRUS PROTECTION and KEEP IT UPDATED in order to protect your computer and music files! Without proper virus protection, your computer could CRASH and all your files will be lost!
If you get a computer, virus protection and internet service, you will need someone to come to your home and help you set it all up so that you can do your work from your computer.
2)Create an email address.
This is simple. You can go to http://www.yahoo.com and create an email address. Be sure to keep a book with all of your email addresses and passwords in it for future reference.
COPYRIGHTING
To write and/or record a song with the intent of selling it by any means brings about legal issues, so when you involve yourself in this process, you have made a LEGAL DECISION whether you are aware of that fact or not.
I am not a COPYRIGHT ATTORNEY, however, I feel I may have some useful advice to offer regarding copyrights. Certain issues come to mind reguarding this issue, so I will attempt to address them.
1--Make sure you become knowledgeable about copyright laws to the highest possible extent.
Read the copyright form in it's entirety.
2--Remember, a song is a piece of property, intellectual property, the property of your mind, the rights to earnings can be passed down from generation to generation if you keep up with it the way you should.
3--Once a song is written and fixed into a tangible form ready to be copyrighted, the question then becomes, who has legal rights to distribute and profit from a song that you participated in WRITING?
This issue should be addressed before the first rehursal is attended or the first recording is made.
4--How are you going to legally ensure that YOU and/or the other writers of a song have distribution rights and are legally entitled to a portion of any profits that might ever be made from a song?
COPYRIGHTING through the LIBRARY OF CONGRESS is the only way to be sure.
2--contact the copyright office and ask for COPYRIGHT SR forms as well as CONTINUATION FORMS.
You can call them and order the forms or you can download them from the internet.
3--be sure to fill out the forms correctly
NOTE: I am not a copyright attorney, but if I were you, I'd make myself and/or other co-writers OWNER OF EXCLULSIVE RIGHTS rather than AUTHOR because when you go to upload your music to SNOCAP and try to sell through CD BABY you are asked if you are OWNER OF EXCLUSIVE RIGHTS and you must be able to answer YES or they will not allow you to sell your music through thier company
4--send the copyright SR form in a bubble envelope along with:
1) The copyright fee by check or money order
The current fee is 45.00
Make sure you always know what the fee is before sending it off
2)A sound recording or collection of sound recordings of the song or songs on ONE CD or Cassette
3)The completed form and ( continuation sheets if necessary )
When you go to the post office, I would advise getting delivery confirmation when mailing the package to the copyright office.
NOTE:
1)The recording you send to the copyright office does not need to be a "professional, sellable" recording. It can be a rough recording of the lyrics and basic rhythm and chord structures played by any instrument.
2)it's a sad fact that people who lack talent will steal your song ideas, lyrics, tunes, song titles, etc…even if they are your friends and/or family. Sometimes they will even try to claim rights to songs they had nothing to do with writing, just because they learned how to play and/or sing the song.
SO... it goes without saying that friends don't let friends perform or show un-copyrighted works. Don't show anyone your lyrics and or tunes without atleast doing a "poor man's copyright" on them FIRST.
Note: Copyrights must be periodically RENEWED or you may loose your copyright, which means your work will fall into PUBLIC DOMAIN, which means your beneficiaries and descendants may not be able to profit from your work!
This is why it is important for you to read all you can about copyright laws and contact the copyright office whenever necessary when questions and issues arise. They will not likely interpret copyright law for you over the telephone however, that is the work of a copyright attorney.
phone number for the copyright office is 1-202-707-3000
URL for the copyright office http://www.copyright.gov/forms
if submitting SOUND RECORDINGS scroll to COPYRIGHT SR FORMS and SR CONTINUATION SHEETS
if submitting LYRICS ONLY, call the copyright office to find out what form you need, it might be a PA SHORT FORM, I'm really not sure
make checks or money orders to "Register Of Copyrights"
send package to:
Library of Congress
Copyright Office
101 Independance Avenue, SE
Washington, D.C. 20559-6000
prepare to wait about 3-5 months to get your registered copyright
it will be a registered copy of the sheet you filled out with an official seal at the top and there will be a special registration number on it
that's the number you submit to BMI, SESAC, ASCAP, etc...when registering your works there
How and when to do a "poor man's copyright?"
If I wrote lyrics to a song, but had no tune, and I wanted a collaborator to write the tune for me, if I could not do a copyright PA form, I would first do a "poor man's copyright."
This means I would make copies of the lyrics, place the lyrics in an envelope, seal the envelope, and put the postage stamps over the seal of the envelope, and write my name and address on the wrong side of the envelope as well.
On the bottom of the envelope, I would write the song title.
When the envelope arrives to your address, DO NOT OPEN IT, keep it in your files.
This can be done with SOUND RECORDINGS as well, such as CDs or cassettes.
I would always do this before ever performing a song for anyone else.
The general rule of thumb is...when in doubt, be paranoid. SO... if you don't trust them with your life, don't trust them with your songs either.
legal issues that can cause problems for copyright holders
When applying or filing for bankruptcy and/or disability benefits, you may be asked if you are a copyright holder, which then could lead to other questions about your income or your potential income, so copyright carefully!
TAX ISSUES
There may be tax issues reguarding any income you ever earn as a songwriter, so be sure to keep reciepts for everything you spend on getting your music "out there."
How to put your music up for sale on CD Baby, SNOCAP/MYSPACE, Tune Core, etc....
First of all, always make sure that you are only giving any company that distributes music for independant musicians NON-EXCLUSIVE DISTRIBUTION RIGHTS and that you are not giving them the EXCLUSIVE RIGHTS or OWNERSHIP of any of your music.
When you put your music up for sale on CD Baby, or any other independant label or "aggregator" you should read the contract very carefully.
Also, make sure you can withdraw your music at any time.
Make a COPY of anything you sign whether it's a digital signature over the internet or an actual physical signature.
CD BABY
Go to http://www.cdbaby.com
click on SELL YOUR MUSIC
click on SIGN UP
follow the steps
being sure to sign up for DIGITAL DISTRIBUTION
or you are wasting your time
because most INTERNET CUSTOMERS want to buy MP3 music files, not PHYSICAL CDs
After you have gone through the registration process, which you can only do ONLINE, you make a check or money order payable to CD Baby for 55.00.
( make sure that you always know the fee amounts, they could change, but currently, it's 55.00 )
35.00 is for the one time set up fee that CD Baby charges to create your music page.
20.00 is for the UPC code that gets assigned to each song so that digital sales can be tracked so that you can get paid for those sales.
Send to CD BABY the following:
5 CDs ( do not send more or less than 5 or they will not do any set up for you )
a check for 55.00
You may view my page at
http://cdbaby.com/cd/rhiannon
about 97 % of my sales are from digital MP3 music files that people download over the internet
I rarely ever sell a PHYSICAL CD
This is not bad. This is actually GOOD. Why ?
Well, the MP3 file is all profit for me.
I don't have the cost of making CDs involved !
Who deals with the customer's checks and credit cards ?
CD Baby.
You never have to deal with customer payments. all you have to do is wait for CD Baby to PAY YOU!
All I can say is they've been very good to me so far.
NOTE: check your email regularly for SELL OUT notices so that you can send more CDs when CD BABY tells you that you are sold out, otherwise, potential sales could be lost.
SNOCAP / MYSPACE
SNOCAP "powers" MYSPACE music stores, so you will need to register with SNOCAP in order to sell through MYSPACE.
THE FIRST THING YOU MUST DO is take your CD that has the music on it that you want to sell
and place it in the tray in your computer tower and "burn" it to your REAL PLAYER or your MEDIA PLAYER
and make sure you create MP3s of each song while going through this process.
Once you have MP3s of the songs you wanna sell,
Go to http://www.snocap.com
click on REGISTER
you MUST digitally sign an agreement and provide SNOCAP with the following information:
date of birth, last 4 digits of your social OR check or credit card number, your legal address and phone number, etc... in order to REGISTER
in order to get PAID, you must tell them whether or not you are filing taxes as an individual or business, and you must give them the routing and account numbers off the bottom of your paper checks along with your full social security number
MAKE A COPY OF THE AGREEMENT FOR YOUR FILES!
After registration, you are ready to UPLOAD your songs.
It may take up to 48 hours for your songs to appear in the "store"
From the SNOCAP page, you can create your MYSPACE account.
TUNE CORE
I have not yet uploaded to TUNE CORE, I will probobly do it in the future though.
BMI /sesac / etc...
Get online and register with BMI.
http://www.bmi.com
Register all your songs through BMI, this is an issue for co-writers too--
they REQUIRE your social security number for registration !!!!!!!
After you recieve your REGISTERED COPYRIGHT which takes several months, there will be a NUMBER on the COPYRIGHT form that you will enter into the BMI system.
PERCENTAGES
It will be up to you, your co-writers, and if you don't pay studio musicians a flat fee up front, it will be up to your back up singers, your guitarists, etc as well, to determine percentages that are to be paid for each person.
I have devised a system for that that I would be happy to share.
Each group or person SHOULD devise some sort of system, and have each person "sign off" on what they agree to with reguards to potential future profits before ever holding the first rehursal or doing any recording.
Also, there will need to be one person appointed to handle the book keeping, and a fee will need to be agreed to, in order to pay that person for figuring all the percentages, making out checks, mailing them, etc... It is helpful if this person is honest and not greedy. It is also helpful if this person will still pay people thier rightful percentages even in the event that they get angry with them, so objectivity is a MUST! There should be a person appointed to be responsible for doing this in the event that they die or become to ill to handle these issues, so basically, atleast 2 people should be able to carry out all of these duties at any time.
Those whom you pay need to understand that they are not your EMPLOYEE. This means THEY are responsible for filing thier own income and withholding taxes on themselves rather than you doing it for them.
-------------------------------------------------------------------------------------------
So....you and/or your band STILL wants to do an independant release?
Well, I advise you agree to a point and percentage system and sign off on such an agreement.
There's a "sample agreement" below.
SAMPLE AGREEMENT for INDEPENDENT ARTISTS
Name of project: "Blah Blah Blah," volume 1
Names of songs on "Blah, Blah, Blah," volume 1
1) ___ 2)___3)____4)____5)___6)____7)_______
8)____9)____10)____11)___12)____13)___14)___15____
I understand that I am not an employee of this recording project or of any other person or company involved with this project.
This means I am responsible for reporting any income and paying any taxes that may be earned from this project.
If I am "voted out" or if I "pull out" of this project, any songs I have co-written still remain the equal property of the co-writer(s) who remain(s), and that the song(s) in question will may still be recorded without my participation or permission, since they would be co-owned by another member of the project, and in that event, I will only earn points for my role in WRITING the song, and therefore I will only make a writer's percentage. This also means that I will not make a percentage for PERFORMANCE on the recording if I do not actually participate in the recording and share the assigned percentage of the recording costs.
BEFORE RECORDING:
I agree to pay the same percentage for recording, printing, and distribution costs as I stand to gain.
In other words, if I am to earn 51%, I pay agree to pay 51% of all costs that arise with regards to "getting the music out there" and "keeping the music out there," on time, and in cash.
AFTER MONEY IS ACTUALLY EARNED FOR RECORDINGS SOLD:
I agree that expenses will be deducted from earnings from sales of the recordings that are put up for sale.
I agree that I earn a percentage based on total album sales.
This means if the song I write or co-write sells better than any other song, there will be no "itemizing" to determine that I am owed more money for writing or co-writing the best selling song.
I agree that if I am to earn 1 point for each task during recording and I do not perform that task, my points and percentages will be lower, and that change will be reflected on a revised spread sheet which will effect everyone's percentages.
I understand that I will not receive payment unless I am owed at least 10.00.
I understand that ____________________ is the treasurer and book keeper responsible for paying me. I understand that I must notify this person of any changes in my address, phone number, etc…
Page 1 of 9
I understand that there is an ALTERNATE treasurer/book keeper who is responsible for paying me in the event that the primary book keeper/treasurer dies or becomes too ill to carry out the responsibilities of paying me.
I am willing to submit my social security number to BMI/ASCAP/SESAC, etc… in order to submit works for registration.
I am willing to submit my legal name, date of birth, address, phone number, or any other that may be necessary information for the purpose of copyrighting, or any other reason it may be needed in order to record and or distribute the songs listed on the previous page.
In the event of my illness or death, _____________ should receive my payments. It is my responsibility to notify the book keepers of any changes in the name and or address of this person.
I understand that I may not withdraw any songs from the collection. All songs listed will remain part of the collection indefinitely.
I understand that if I carry out all tasks listed on the spreadsheet on the actual recording(s) that will be put up for sale, I will receive ________ points.
Each point is worth _________ %.
My total percentage of earnings after expenses are deducted is _____________%
If any changes occur between now and the actual recording, re-negotiation will be necessary.
The total recording, printing, and distribution costs will be: $_____________________
I am to pay ___________ % of that cost.
My total financial responsibility before recording is $ ________ ,
is due no later than __________,
payable in cash to the treasurer/book keeper, and is non-refundable.
I understand that the song(s) that are listed are part of a collection and may never be withdrawn from the collection after it is entered into distribution by ____________________________________.
( name of person/company who enters it into distribution )
If the song is a SINGLE, it cannot be withdrawn from distribution set up by
____________________________________.
( name of person/company who enters it into distribution )
[page 2 of 9 ]
If I perform a single song or a song that is part of this collection with musicians that are not on the recordings of this song or songs, or convince others to do so either for free or for pay, I am required to still pay any writers , co-writers, or their beneficiaries or any other person they appoint to receive their earnings in the event of their illness or death, their rightful percentage outlined in the "spread sheet" any money made from the sale of CD's or other sound recordings that may be sold after performances.
Payments from labels or other distributors or aggregators will be sent to Book Keeper/Treasurer:
NAME _____________________________
ADDRESS ______________________________
______________________________
That person will set up and keep access codes and be responsible for making payments according to the percentages agreed to that are outlined in the "spread sheet."
They will not give these access codes to anyone except for the person listed below.
If the above listed person is unable to carry out these tasks
NAME ___________________________________
ADDRESS ________________________________
_________________________________
will assume the responsibility of guarding access codes and making payments according to the percentages agreed to that are outlined in the "spread sheet."
[ page 3 of 9]
Page 4 of 9
SPREAD SHEET
Check date____1/1/08_______ source of check __cd baby ________ check total_____1200.00_______
minus expenses__200.00_______
total after expenses___1000.00______ ( payments will be made from this amount)Explanation of expenses ( copies of receipts attached ) ___new microphone 100.00____________________
______printer ink 25.00______________________microphone stand 70.00______________________________________
_______________spit screen for microphone 5.00________________________________________
_______________________________________________________
..>
|
Song titles |
buford |
john |
freddie |
george |
Lu lu |
susie |
kasey |
jeff |
mike |
Book keeper/ Manager
NAME
____________ |
|
Song 1 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
--------------- |
1 point
Lead guitar |
1 point
Back up voice |
1 point
Back up voice |
2point
back up voice, piano |
1 point
Bass guitar |
1
Point
drums |
5 points |
|
Song 2 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
------------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
--- |
|
Song 3 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
------------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
---
page 5
Of 9 |
|
Song 4 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
------------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
--- |
|
Song 5 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
----------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
-- |
|
Song 6 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
----------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
--- |
|
Song 7 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
------------ |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
---- |
|
Song 8 |
3 points
Tune, rhythm guitar, lead voice |
1 point
lyrics |
----------- |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
|
|
artists |
buford |
john |
freddie |
george |
Lu lu |
susie |
kasey |
jeff |
mike |
|
|
Song 9 |
3 points
Tune, rhythm guitar, lead voice |
---------- |
1 point
lyrics |
1 point
Lead guitar |
1 |
1 |
2 |
1 |
1 |
|
|
Song 10 |
4 points
Tune , lyrics, rhythm guitar, lead voice |
----------- |
----- |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
Song 11 |
4 points, tune, lyrics, rhythm guitar, lead voice |
------------ |
------ |
1 |
1 |
1 |
2 |
1 |
1 |
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|
Song 12 |
4 points, tune, lyrics, rhythm guitar, lead voice |
-------------- |
----- |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
Song 13 |
4 points, tune, lyrics, rhythm guitar, lead voice |
--------------- |
-------- |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
Song 14 |
4 points, tune, lyrics, rhythm guitar, lead voice |
----------------- |
----- |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
Song 15 |
4 points, tune, lyrics, rhythm guitar, lead voice |
----------------- |
------- |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
artists |
buford |
john |
freddie |
george |
Lu lu |
susie |
kasey |
jeff |
mike |
|
|
Total points earned |
51 |
8 |
1 |
15 |
15 |
15 |
30 |
15 |
15 |
5 |
|
__170__
possible
points |
--------- |
-------- |
------- |
--------- |
--------- |
------- |
------ |
-------- |
------- |
------------- |
|
Points Xs
*
_____ % =
_____ % of album sales each person is to be paid |
29.99% |
4.71% |
0.59% |
8.82% |
8.82% |
8.82% |
17.65% |
8.82% |
8.82% |
2.94% |
|
% each person is to be paid Xs amount left to make payment from after expenses |
299.90 |
47.10 |
5.90 |
88.20 |
88.20 |
88.20 |
176.50 |
88.20 |
88.20 |
29.40
---------
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of 9 |
|
Add 2 cents to each to add up to 1000.00 |
|
|
|
|
|
|
|
|
|
|
|
Earned this pay period |
299.92 |
47.10 |
5.90 |
88.22 |
88.22 |
88.22 |
176.52 |
88.22 |
88.22 |
29.42 |
|
Earned up to this pay period |
|
|
|
|
|
|
|
|
|
|
|
Total earned during this tax year |
|
|
|
|
|
|
|
|
|
|
|
Total earned |
|
|
|
|
|
|
|
|
|
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..>
There are 170 possible points for writers and performers on this collection.
Each writer and performer receives 1 point for each task they performed to create the recordings.
Those points are added in order to determine a percentage for each person.
* Each point is worth 0.588235294 %
By signing, I agree to the statements above and on previous pages of this agreement:
Name Address ROLE DL and state and/or SS Phone ___________ Signature
Sissy Johnson *)(&(*&(* treasurer/book keeper TDL 88866655 000-000-0000
_______________________________________________________________________________________________________
Faye Jones *&^*(&) alternate treasurer/book keeper TDL 77766655 000-000-0000
________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
_________________________________________________________________________________________________________
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