Never Ever Glades, Florida, USA
| StoreTags: Publishing Righ, label, rights
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Last.FM is letting all the independent labels know that we have to understand our publishing rights before agreeing with their terms of usage or what not. There was a contact button if you needed help and I questioned them,
"So I produce my music all from scratch.. this means I have my own publishing
> rights, right? My label is me and I master my tracks for publication to the
> public, for free.
>
> I apologize if I am missing something.
>"
Then they reply..
"Hi there,
Unfortunately I can't tell you if you own your publishing rights and cannot
offer legal advice. This is something you'll need to work out yourself,
Fiona"
Then I say, (because I did some research)
"Why can't you?
link
There it clearly states, " Publishing rights are the rights to a song. If you write a song by yourself, you own the publishing (and copyright) from the moment you finish the song. You don't have to set up shop as a music publisher to own those rights - they automatically come with authorship."
I definitely abide by that.
Leo."
Yeah what am I missing?.. I think I understand now givin that the site I saw is legit/up to date. | |
Comments
06/25/07
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mrk087
um, as long as the song is yours, you have total control over your music and how you use it, whether you want to upload it to a place like Last.fm or not.
For instance, if you own a netlabel/label, you have all publishing rights for the albums that your netlabel/label releases. Same goes for musicians without a label of some sort.
It is what it sounds like. Well, at least to me anyway. Fiona obviously doesnt know what you were asking.
06/25/07
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mlbot
Fiona works for last.fm?
Obviously she does know what she's talking about, and as she works for a large corportation, does not want to offer free legal advice.
Just in case Leomanx samples Madonna, gets sued, and then says "well last.fm said it was OK"
06/25/07
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LeoMANXVII
Great thanks guys. Check out my music - link
06/25/07
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jdg
06/25/07
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ignatius
dude.. you live in weston? ever run into Dan Marino?
06/25/07
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LeoMANXVII
Hahaha yeah dude he lives 5mins away.. and the rock too.. He goes to LA fitness a lot.
06/25/07
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Fredo
Hi LeoMANXVII
What it comes down to is that whoever wrote the song owns the publishing, unless the work was contracted in a special way. Ownership of a song is split into two categories, publishing and mechanicals. The mechanical ownership is whoever owns the recording. If you had a deal with a label (net or other) you may have it that anything you record during the period of your contract is owned by them... but no matter what, if you wrote the song you own the publishing.
Imagine that the publishing is the sheet music. Mechanicals are the actual recordings with your physical performance and the performances of all your musicians and... computer virtual musicians... Again, ownership of mechanicals largely depends on your deal. But if you wrote the song, you own the publishing.
Sometimes folks sell their publishing. But even when you sell it, new laws have made it so it can never be owned forever by the publishing company. At some point the ownership reverts back to the writer of the song.
06/25/07
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LeoMANXVII
That's great fredo. Apreciated reply.
06/25/07
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astroid
fredo said "unless the work was contracted in a special way"
yeah, be careful of that one. for instance, i was writing for a kid who's boss owned a slot machine making operation. they tried to sign me up under a normal employment contract, which had a blurb in there about their ownership of "intellectual property rights". i talked to a lawyer, and yep, that meant that they would outright 100% own every song i wrote for them. that's called "work for hire".
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