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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

I've also been told that certain groups won't record your song unless the owner of the group can put your song with his personal publishing company. It's their own choice, I suppose, but the really smart songwriters actually go so far as to establish themselves as the publisher. I would think a group that took that stance would have slim pickings when it came to selecting songs, but it might pay off in the long run, because if they do have a hit, they get royalties from any group that might cover the song in the future.

It's no secret that the really smart songwriters have their own publishing companies, so they get the full royalties for themselves (but of course, they have to handle their own paperwork, too). From what I've seen, running your own publishing company isn't exactly rocket science, and it maximizes profits.


Commented by David Bruce Murray On 08/09/2005
I know that most publishers are reputable and aren't out to steal songs. It actually wouldn't make much sense in the long run, because most publishers are in the game for the long haul. Think of it like this...would it make sense to steal one hit song from a writer who would not only tell people about it, they'd go with a different publisher on future songs? Wouldn't it make a lot more sense for a publisher to sign a good writer legitimately and hopefully have the option of publishing all their hit songs?

On the other hand, we shouldn't be too flippant about it, because sometimes it does actually happen. Cleavant Derricks, the writer of songs like "Just A Little Talk With Jesus" and "When God Dips His Love In My Heart," didn't receive some of his royalties until a couple of years before he died in the 1970s.


Commented by David Bruce Murray On 08/09/2005
That was what my comment was about earlier...I have my own publishing company and therefore, not only do I receive 100% as publisher, I also receive 100% as songwriter. Even though I am new at it, I know that there are many benefits from having your own publishing company. It is very simple to have your own publishing company and the paperwork isn't that difficult to maintain if you organize it from the beginning of the incorporation. A little self-confidence and lots of prayer will take you a long way when it comes to being in a music ministry. You all take care....Bye


Commented by Diane Jones On 08/09/2005
Changes in the copyright law that took affect in 1978 has made it alot easier for the songwriter and harder for the song-stealer. Before then, registration had to made in the copyright office before a work was legally copyrighted. Now, as soon as a musical work is permanented fixed in a written or audio form (whether a date is put on it or not) the work is legally copyrighted. I believe alot of people are unaware of these changes -- even after 27 years! -- and that's why they are so afraid.

Another thing that makes it easier now is the internet. A person can go to the Copyright Office website at http://www.copyright.gov and find out all they need to know about copyright. This information was not easily available in years past.

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

- Galatians 5:25. 

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Commented by Keith Prater On 08/10/2005
Let me present the other side for I've tried self-publishing and currently am working through a publisher.

Publishers who have developed a reputation for quality songs in the music industry are VERY valuable. The artists know they will receive quality music for their consideration and seek out the established publishers. If you are an unknown writer with few if any connections among artists, publishers are well worth their 50% commission. After all, if I hold my songs but they go no where, 100% of nothing...is nothing. Been there, done that! Some of the songs I've just gotten signed (and demoed at the expense of the publisher)is 10 years old. It may now stand a chance at being used! On my own, it went no where.

There are a lot a smart writers who do not self-publish. Daryl just signed a few months ago with Crossroads so there must be something to it!


Commented by Susan Jones On 08/10/2005
Well, I meant no disrespect towards any songwriter who uses the services of a publisher when I made my earlier post. I was just thinking of statements made by people like Bill Gaither who said they realized early in their careers that they should self publish in order to maximize their songwriting income.

Now me, personally, I would sign with any reputable publisher in a heartbeat if it meant getting one of my songs recorded, because I only average two or three songs a year! :o) However, if I did write a lot more frequently and if (two unlikely ifs) I ever developed a reputation in the industry for songwriting to the point that there was a demand for my work, I would definitely switch to self publishing at that point.


Commented by David Bruce Murray On 08/15/2005
David,
The last paragraph you wrote is where I've landed on the issue of self-publishing as well. I don't know all the ins and outs and reasons for why folks do as they do, but for the info I have up to now I've reached the same conclusion personally as you.

To return to the first topic posted regarding song stealing, the rare instances I've heard of it happening in Christian music has ALWAYS been the Christian writers stealing secular songs, changing the words here and there and claiming it as their own. Christian writers really need to concentrate on being better educated about the rights and wrongs of the business and writing better songs!


Commented by Susan Jones On 08/19/2005
previous written by another person...
On the other hand, we shouldn't be too flippant about it, because sometimes it does actually happen. Cleavant Derricks, the writer of songs like "Just A Little Talk With Jesus" and "When God Dips His Love In My Heart," didn't receive some of his royalties until a couple of years before he died in the 1970s.

CORRECTION:
He sold the original rights to those songs, for 5cent songs masters.. he wanted them published, he surrendered all future royalities for his share od the song books.

IN JANUARY OF 1975 , He went into the offices of Word records, stating he was looking for a country music publishing company. He was told that hthis was a gospel publishing company office. Rev. Cleavant Derricks, smiled, said that he had written a few Gospel songs. When he told them the two above mentioned songs, AFTER THE COMPANY Researched and varified, They asked him if he had other songs, not yet published..that is when the contract was signed, and he started to receive the correct roylaities.. It was also then that Canaan asked if he ever recorded his own songs. Canaan was able to record 2 albums for the family..JUST A LITTLE TALK WITH JESUS CAS-9778 IN 1975 & SATISFACTION GUARANTEED CAS - 9793 IN 1976.

I remember the Friday night news cast tv program on NBC about the NQC... The Speers sang I just feel Like something Good was about to happen... then they told the above story about Rev. Derricks, who that evening was in a wheel chair, unable to stand or sing.. Brock Speer and Rex Nelon, I think came out to sing his part... All the annoucer on NBC said... "REMEMBER SISTER VESTAL".. out came Sister Vestal in a flash, praying in the spirit. Rev. Derricks was touched on camera, and able to stand and sing a verse and chorus..

Shortly after he had the ultimate healing in Heaven

God bless everyone
Al Thomas
http://www.radiogcim.com


Commented by ALBERT THOMAS On 08/20/2005
I still have never heard a story of a gospel song being stolen. Stealing a song means you have someone claiming to be the writer of a song which they have no claim to or haven't written at all. Most common example in Gospel music, you can't change a few words of a secular song and claim you've written a new song.

On the otherhand, I've never spoken to a writer yet who has gotten all the royalties entitled them. From what I hear, if you get half you are lucky! In that case, people will credit you with the song..."ABC, words and music by D.E. Famous"... but they won't pay the royalties for the use of it. IMHO, that is one of the biggest problems we face in gospel music. But copyrighting your song to show ownership does nothing to get you the royalties you are entitled to. It just keeps the lead singer of GHI from claiming he wrote ABC instead of you.

In Rev. Derricks' story, he received credit as writer all along. I'm not sure I'm reading right on the rest of the story, but it looks like he might've made some business decisions he later regretted, but the songs weren't stolen.

BTW, thanks for the special NQC moment. I could read things like that all day!


Commented by Susan Jones On 08/21/2005
Al,

If Derricks sold the rights to future royalties initially, how was he able to later collect for those songs? I know some writers did "work for hire" type songwriting years ago, where they signed away the right to future royalties...what I'm not understanding is your statement above that after Columbia researched and verified, they were able to get him his "correct royalties." It seems that if he signed away his rights in the beginning, he had been getting the correct royalties all along, which was nothing. If they got him royalties at that point, then did he really sign away the rights or was it a case of him simply not getting paid initially?

Please elaborate. Thanks.


Commented by David Bruce Murray On 08/21/2005
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