marcus3
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How would the pay work?
Ok need some help let say I wrote variation for somebody song. When they get paid do I? And do I own the rights to song to? I'm ready do some work for people but don't know this work. Thanks
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offnote
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Re:How would the pay work?
2012/09/03 06:44:36
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Beagle
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Re:How would the pay work?
2012/09/03 07:30:18
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offnote are you high? are you? He's handicapped. Lay off.
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Beagle
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Re:How would the pay work?
2012/09/03 07:36:15
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marcus3 Ok need some help let say I wrote variation for somebody song. When they get paid do I? And do I own the rights to song to? I'm ready do some work for people but don't know this work. Thanks Marcus, it really depends on a lot of things. what's the original song? and who owns the copyright of that song? what kind of variation of the song did you create? was there any original melody and lyrics added to the variation? mostly if you don't create lyrics and melody then you don't own any part of the copyright. if you added lyrics and melody to someone else's copyrighted material, then you have to get permission from them to use that "derivative work" before you can publicly perform or record it for distribution. if the original was public domain and you altered it then you can possibly have a copyright for your version regardless of whether you added lyrics and melody or not. you CAN copyright the arrangement of a copyrighted song if you changed the arrangement but not the lyrics/melody but you still have to get permission of the original copyright owner to perform or record/distribute. however, I'm not a copyright lawyer - anything I've said here may be subject to correction.
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Guitarhacker
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Re:How would the pay work?
2012/09/03 08:42:02
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This is a large subject with many variables. The generally accepted rule (unwritten rule) is that if you write a song with someone..... no matter how much or how little you contribute to it....as long as you did contribute to it, the split is equal to all the writers....whether it's 2 people or 12 people involved in the actual writing. On an existing song..... I would say the same agreement should apply because.... if the song has not been published and making money..... who's to say that the small changes the new writer did are not the sole reason it finally got published.... so while the new writer may have done a few what seemed like minor changes.... it could have been those changes that made the big difference. What you do need to do in this case is: 1. Draw up a written agreement with the original writer(s) and everybody needs to sign it. 2. File an amended copyright (assuming they have done so at this point). The new copyright will reference the original copyright by registration number and will list you as a writer and specify the percentage of ownership. 3. Register the song with a PRO (the publisher will generally do this for you) and specify ownership percentages as writers with the PRO. Pay: nobody gets paid until the song is signed by a publisher AND released commercially and is making money. Then... you get paid according to the signed agreement as per #1 above..... and the publishing contract you signed with the publisher, and the percentages listed with your PRO for performance royalties. generally, a writer gets paid from the Publisher and the PRO and that is all. The publisher handles collecting mechanicals and licenses, and may handle performance too..... the PRO specifically handles radio, TV and live performance royalties. Like I said there are many variables in how all this can be set up. The best advice I can give is to read and research on your own. A book called This Business of Music is a great book to use as reference. It's written by music biz people so it can get a bit deep into this business end ..... but it's a great reference.
My website & music: www.herbhartley.com MC4/5/6/X1e.c, on a Custom DAW Focusrite Firewire Saffire Interface BMI/NSAI "Just as the blade chooses the warrior, so too, the song chooses the writer "
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marcus3
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Re:How would the pay work?
2012/09/03 19:06:05
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Well I didn't write song for nobody yet but if did I was wounder how would work. Now for arrangement yes I did do that for some one the melody did not change just way chords were played. And the song shorter version of the original. I want post link of me playing on you tube or audio file. I don't want get sued though. Supposedly the artist knows but her phone don't work so can't ask her. And yes there lot involve think best thing right now fix mein cerebral palsy in the wrist. So I can get stuff done. Thanks
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slartabartfast
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Re:How would the pay work?
2012/09/03 22:34:48
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An arrangement or orchestration of a copyrighted work is a derivative work. One of the rights held under copyright is the right to produce a derivative work, so unless the original author gives you a license, you are infringing her copyright by rearranging her song. If the original song was published as a phonorecord (recording, CD, etc.) you can compel the author to grant a mechanical/compulsory license to you to make your own phonorecord of the song, and the right to do minor rearrangement (that does not substantially change the nature and content of the original) for the purpose of recording a performance of it on your own record (cover) would flow from that license. You do not need to get permission for a mechanical license or even be able to locate the original author, or her agent or publisher so long as you file the appropriate notice with the copyright office, and pay the statutory licensing fee to the author when she is identified/located. If you were to write down your arrangement in musical notation, however, you would not be able to publish it, or license anyone else to use it without a license from the original author, because there is no way to get a mechanical license for any use other than to make a phonorecord. On the other hand if the original author (or anyone else) wanted to use your written arrangement, she would need a license from you to use it, since the arrangement is your original work. As a practical matter, you have nearly zero leverage to get an independent copyright on your arrangement, since it is useless to you without a license granted by her. If she has assigned her work to a publisher, the publisher would typically demand that you give her/them the copyright to your arrangement (or some share of the copyright/profits) before they would grant you the license to make the arrangement in the first place. If your arrangement has any value on its own, you could possibly negotiate a license that shares the value with the original author, but she is under no obligation to give you one.
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marcus3
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Re:How would the pay work?
2012/09/09 04:42:52
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So I can not post video me playing mein version of the song?
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Beagle
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Re:How would the pay work?
2012/09/09 07:12:25
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Legally if you have not obtained a mechanical license to distribute your version (streaming) then you are not supposed to post it. People do post "covers" all the time without permission. They could get fined for it. 99% don't. it's up to you.
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ProjectM
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Re:How would the pay work?
2012/09/09 07:32:31
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It looks to me like you've done a remix job from what you describe. Remix work is usually paid one fee and you don't own the rights to the song. You can, if the composer have no money, agree to a royalty payment of the remix if it's making money. Or if you're remixing Madonna, you should opt for royalty payment anyway. Remixers royalty is usually based on what arrangers get. If you just make a new version of a song, it's a cover and you will have to pay the composer if you want to publish it. That is done through royalties, usually, but can also be settled with a one time fee.
(Sonar Platinum - Win10 x64) - iMac and 13" MacBook - Logic Pro X ++ - UA Apollo Twin DUO - NI Maschine MKII - NI Komplete Kontrol S61 - Novation Nocturne - KRK Rokit 6 SoundcloudNegative Vibe Records
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marcus3
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Re:How would the pay work?
2012/09/09 18:58:49
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What if post it under different name?
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Guitarhacker
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Re:How would the pay work?
2012/09/09 20:22:21
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marcus3 What if post it under different name? It's still copyright infringement if you are not the copyright owner or co-owner.
My website & music: www.herbhartley.com MC4/5/6/X1e.c, on a Custom DAW Focusrite Firewire Saffire Interface BMI/NSAI "Just as the blade chooses the warrior, so too, the song chooses the writer "
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marcus3
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Re:How would the pay work?
2012/09/09 20:43:29
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Just curious but the singer who I talk to. Didn't write the song nor produce I think. She just sing it. So in way means she can't grant me access to copyrights. Correct? Unless she ask the song writer. Would ask sooner but lot things happen so took me good while finish the song. Now I'm having problem getting hold her. "Sigh" lol feel like classical composer already haha
post edited by marcus3 - 2012/09/09 20:47:29
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