Legal Question in Entertainment Law in New York

Re: Producer wants to buy my song: do I still get royalties?

A good entertainment attorney would be able to negotiate a contract which may provide a better deal respecting royalties and retention rights to your creations. For further information you may call my office @718-834-0087 to set up a consultation.

Re: Producer wants to buy my song: do I still get royalties?

The facts that you have presented do not quite add up. The producer of the live show would not be buying your songs, he should be licensing them. More importantly, he should be licensing your songs, and all other songs performed, from either ASCAP, BMI or SESAC, the three performing rights groups. You should join one of these if you intend to continue your career as a songwriter.

The real question is if the performances are being recorded and then later sold. This is a much more complicated scenario. It is governed in part by statutes which grant you a mechanical royalty of $0.08 for each copy of the song reproduced. However, this statutory rate is a default rate that is paid if the rights are not acquired via negotiation. The general practice is to pay � of the statutory rate.

You should not, under any circumstances, sell your song. You do not have to. You should be licensing the material. But this is generally done with either the band or the record company that wants to use the material. This is why I am confused by your statement that the producer of the show wants to license the material. Is this a broadcast situation (which is different from a live show, but is still subject to ASCAP, BMI or SESAC jurisdiction)? If so, then the analysis changes.

It sounds like you need to contact an attorney. You are dealing with one of the more complicated aspects of the copyright laws, one that even attorneys do not always get right. Thus, you should seek out an experienced professional to assist you.

Re: Producer wants to buy my song: do I still get royalties?

It depends on what the complete deal terms are going to be. The definition of "buy", though you should not be selling. There are many differant scenarios that can be considered. Without knowing what the "live" show producer is going to do with the songs, and even who this live producer is, it is impossible to tell you what the best advice is. There are licensing possibilities, public performance rights (ascap, BMI, Sesac), publishing rights and master rights to deal with. Is the show going to be televised or videotaped, then there are sync licensing rights to deal with. The music business is complicated and songwriters are easily taken advantage of, if they do not know the value of there music. I have been a music lawyer for over 12 years, feel free to contact me for a free 30 minute consultation to determine what your rights are and how you can proceed.

Re: Producer wants to buy my song: do I still get royalties?

Generally, songwriters would license their songs rather than sell them, not sure if that is what you meant, but licensing would usually be accomplished through BMI, ASCAP or SESAC, are you a member of any of these? If not it is an avenue you should investigate. Another issue is if these songs are planned to be recorded and sold? Or perhaps broadcasted? You have options other than sale that should definitely be weighed and other rights such as performance and publishing that should be considered as well, I know it seems like this can all be very complicated and confusing, which is why it is highly recommended that you consult an experienced lawyer. Representing music acts such as songwriters is one of our specialties and you are welcome to contact us for a free consultation.

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