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Sunday Edition


01
Aug
2005
The Songwriting Thief Monster


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My Dad has a 1951 Mercury behind his garage. It doesn't run. It looks awful. It has an empty space where the back seat used to be. Dad thinks it is beautiful. I just shake my head in disbelief at how he could think so. He claims that he is restoring it. He's been restoring now for several years. But it still looks just like it did the day he had it towed home at placed behind the garage.

I did notice something interesting about his car one day. The doors have no working locks on them. Anyone can get inside it. And Dad's property has no fence around it. So anyone has access to his car at anytime. Someone could easily steal it. But who would want to??? I don't think Dad has anything to worry about.

I recently sat in on a Songwriting seminar in Nashville, at the Stamps Baxter School. The speaker was Niles Borop, of Centergy Music Group. Almost all of the writers there were beginners. Most of them had written less than 25 songs. There was one student that had written a song that had been recorded by a choir. But no one else had ever had anything published or recorded.

Niles opened the session by taking questions from the students. For the first full hour all that was discussed is how to protect your song from being stolen.

There was a spirit of fear and trembling in the room. Apparently the BIG BAD SONG THIEF MONSTER had been knocking on all their doors, trying to get a peek at their lyrics and melodies. Most everyone thought that if they ever did get a song recorded, it would only be because someone stole it from them.

And they all felt that if the song was taken from them, it would absolutely sell at least a million illegal companies, thus making the thief extremely wealthy. The writer would be left in eternal poverty with nothing but the torn clothes on their back and tin cup. I couldn't believe how afraid these writers were.

If you are one of those writers that write in fear and trembling, let me ease your mind. Yes, it is true that someone could steal your song one day. But is not very likely to happen. You probably have a better chance of winning the lottery six weeks in a row. There's even a better chance that my Dad will be awakened late one night to hear some international car thief towing away his old rusty car. But I really don't think there is a respectable car thief out there that would take what my Dad's got.

First of all, you have to have created a piece of product that someone wants before you start worrying about theft. And then when someone does show interest in the song, that does not mean that they want to steal it. Most Gospel Music Publishers are legitimite companies that follow Copyright Law. Maybe there is a Gospel Song Shark out there somewhere, but apparently I've never swam in those waters, because I've not seen them.

When I worked for Homeland Publishing, I found a song where the writer was unknown. The song was very good. I played it for one of Homeland's artists, and they recorded it. We launched a search to find the writer. We wanted to find them so that we could obtain proper Copyright information on the song, and pay the appropriate royalties. It took some searching, but we did locate them.

The writer informed us that the song had never been published They had never registered a Copyright on it, and had never received any royalties for it, although it had already been recorded by two other major artists. The song had become well known just by being passed around and sung from church to church.

Homeland Publishing offered to publish the song for them, collect and pay the royalties on current and past recordings. The contract was our standard Single Song Agreement Contract. It was 100% fair and legal. The writer agreed to it on the phone. But by the time the paperwork arrived in the mail, the writer's friends and family had convinced them that they should not let SONG THIEVES in Nashville Tennessee "steal" it.

The writer refused to sign the contract. So we backed off and let them do as they pleased. I don't know that the song has ever been published, or if the writer has yet to receive one dime from it. But at least they have the satisfaction of knowing that we did not "steal" it.

I suppose that it is human nature to fear the unknown. That is why it is so important for a songwriter to learn the basics of Copyright Law, Copyright Registration, and Publishing. You need to understand the role of a Performing Rights Organization like BMI or ASCAP or SESAC. You don't have to be an expert, but at least learn the basics. There are many books, magazines, and websites that can help you gain this information.

I carry a wallet with me everywhere I go. It usually has some cash in it. It holds all my credit cards and my identification. Can it be stolen? Yes. Do I carry it anyway? Yes. I know that there is a risk, but the risk is worth having my cash, credit cards and I.D. with me when I need it.

I need to close now. I think it's my turn to stand guard over my Dad's car tonight!!!

Until next time, keep on writing!

Daryl Williams
http://www.darylwilliamstrio.net

Reader Comments

Daryl,
Again, another great article. It seems that just a little education in songwriting would go a long way.

Deon


Commented by On 08/07/2005
Daryl, one question about your story...why would an artist go to the expense of recording a song when it's unpublished and the author is unknown?

As you know, a songwriter has the right to refuse the first recording that's made. (Of course, once a song is recorded once, then anyone else has a legal right to record it providing they pay the royalties, but that first recording requires the consent of the songwriter.)

I just thought it was odd, considering that the author (had he chosen to exercise his rights) could have said he didn't want that artist releasing his song.


Commented by David Bruce Murray On 08/08/2005
Although I, too, have heard stories of songs actually being stolen, that's probably just what they were... stories. As a writer, I've worked in many mediums: songs, short stories, stage plays, poems, screenplays... and there's always people out there that are afraid of their work being stolen. I've seen some of the most dreadful poems and stories and screenplays on the internet with big flashing-red copyright notices all over them. Yeah, like some one wants to steal your ditty about Froo-Froo the Wonder Poodle. Why not? They could make MILLIONS.
Besides, even if someone DID abscond with your precious song... so what? Write another one... a BETTER one, or two, or twelve. You are a SONGWRITER, right?


Commented by On 08/08/2005
The real tragedy here is the opportunity lost for songwriters to learn from very knowledgeable people how to hone their craft because they spend all their time talking about the business of songwriting instead.

I think I did the same thing and I remember why. I had written a song the church choir performed and, afterwards, many people came up to me and said "That was wonderful! You should have that copyrighted!" Having never written before, I didn't know anything about how to copyright a song (which was already done when I fixed it on paper and put my name and date to it) but they all said it, so it must be important!

The first year I went to Stamps-Baxter, I learned a great deal about the proper terms and business of songwriting because that's what most of the questions were about. It helped, because I then knew what copyright, publishing, publisher, demos, lyric sheets, and lead sheets were. It wasn't until the next year down that I went armed with questions on the craft and I tended to ask those of individual songwriters one-on-one...because most of the questions at the seminars were asked by new writers needing terminology and how to get that song copyrighted!


Commented by Susan Jones On 08/09/2005
I'm kind of with David on this one. I have no doubts that Homeland Publishing was a reputable company and sought to treat the songwriter fairly. There was one detail, however, that was omitted. What percentage of the publishing was Homeland offering? If it was much below 50% of the gross publishing, I certainly would have second thoughts. I know we are not necessarily in this for money. I just don't like to see publishing companies, especially Christian ones, take advantage of people who do not know what they should expect to receive.

If we live in the Spirit, let us also walk in the Spirit

- Galatians 5:25

My Blog



Commented by Keith Prater On 08/09/2005
I appreciated this article. I am a new songwriter and I was aware of the copyright of date/time on each song placed on paper and that it is the actual melody that is copyrighted. I was made aware of the percentage rates of publishing and also how to keep 100% of your publishing rights only because of my secular business background knowledge. I think sometimes, your 'ministry' gets hindered when 'family' gets in the way. God will 'protect' you if you listen to Him when it is time for your music to be published to the world! Keep up the good work!! When it's time, I may be visiting Nashville!! Have a great week!


Commented by Diane Jones On 08/09/2005
Daryl said they offered a standard single song contract. That would mean Homeland collected 100% of the publishing share of the royalties and the writer would've received 100% of the writer's share.

All of the music business books I've read show this as very fair. It's the exceptions you need to worry about.


Commented by Susan Jones On 08/09/2005
Sorry to be so vocal on this, but I don't see a place where I can just amend my previous post. When you added that a writer doesn't know what to expect to receive (standard contract amounts to 50% of the overall royalties for the writer and 50% for the publisher)it just goes to show, again, the importance of educating yourself...that's the writer's responsibility. I was taught if a reputable publishing company offers a standard contract that gives me 50% of the royalities collected, SIGN! That's very fair, especially if you are an unknown/untried writer.


Commented by Susan Jones On 08/09/2005
Daryl said the contract was "our standard Single Song Agreement Contract." If Homeland's standard contract gave the songwriter 50% of the gross publishing, that's great and nothing more can be expected. However, with many publishing companies, songwriters are offered a much smaller percentage as standard practice.

If we live in the Spirit, let us also walk in the Spirit

- Galatians 5:25

My Blog



Commented by Keith Prater On 08/09/2005
Hmmm...sounds like we're both seeing things the same way. Only difference is I've not come across anything other than a standard contract with 50/50 split. I have been contacted and told how excited they are to receive my song and it'll go far...just send $XXX and we're on our way. Uh, no, that's not how you do business. There are definitely people out there to be wary of and we need to educate ourselves on the do's and don't's of both the crafting and the business. It's all part of being good stewards.

Reminds me of a similar discussion on the boards a couple of weeks ago started by Maggie about a Singer's Education. It's important for writers to be educated, too!


Commented by Susan Jones On 08/09/2005
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