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The government's UK copyright law site outlines the IPO and Copyright, Designs and Patents Act 1988, the principal legislation covering intellectual property rights in the United Kingdom and the work to which it applies.

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cosybatcave

Joined: 24/01/09
Posts: 3

radio play terms of contract
#924813 - 06/07/11 10:30 AM

Hey guys!

So I have a song that a new unknown artist has recorded their own vocals over for release in the U.S...
I wrote and composed the whole track, gave them the master tracks to remix and add their own vocal performance to.
They have some radio interest in Philadelphia and they have asked for a conference call to discuss terms for this. I did not have a contract or any formal terms set out for their use of my song and backing track.
So my question is, what are the terms I should agree to now? What rights do I have as creator of the song and in monetary terms, what should I expect or aim for?

I'm new to the business side of songwriting and don't want to be left out in the cold while the artist makes money from my song.
Thanks so much for any advice you can give!

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Phil O
active member

Joined: 03/09/03
Posts: 1400
Loc: Scotland

Re: radio play terms of contract new

[Re: cosybatcave]
#924843 - 06/07/11 11:42 AM

Your rights

1. If you provided the instrumental music only, then you are a co-writer. If you provided the full song complete with topline which the artist has copied, then you are sole song writer. Either way you have a stake in the composition copyright.

2. As you provided some of the constituent audio, then you are joint owner of the Master.

In the absence of a contract to the contrary, common law usually assumes splits are equal.

For radio play, you might expect to receive broadcast royalties with regard to the composition provided the song is registered with your PRO and, preferably with a US PRO also.

I am not familiar with the situation in the US re the master. Here in the UK, PPL would normally be the body responsible for paying royalties for broadcast of the master. Check with them re the US.

I recommend that you get something in writing ASAP.

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narcoman
active member

Joined: 14/08/01
Posts: 8469

Re: radio play terms of contract new

[Re: cosybatcave]
#924863 - 06/07/11 12:56 PM

You are co-writer (at least).

That simple.

Radio play in USA? I wouldn't expect anything from that.

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Soundseed
new member

Joined: 22/04/03
Posts: 412
Loc: Glasgow

Re: radio play terms of contract new

[Re: cosybatcave]
#924870 - 06/07/11 01:09 PM

Sounds like your track is getting airplay or its impending, and your singer wants some of the action: i.e songwriting credits and possibly recording rights. It is unlikely that you are sitting on top of some megahit but pragmatic advice would just be to roll with it, and know better, and be prepared for next time .. smaller share of something is better than bigger share of nothing being the old adage.

Personally, I would take a much more confrontational approach. Write "Philadephia is a sh*thole" on your buttocks, place a small speaker between your legs and conduct the conversation with your rear end facing the webcam. Ideally publicise the conference call as widely as possible beforehand and have a live stream available, and get it onto Youtube as fast as possible afterwards. You should be trending on Twitter very quickly and your reputation will be cemented.

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