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Sunday Edition


01
Jun
2006
Thieves In Our Midst


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Webster defines a thief as, "one who embezzles", and the definition of embezzle is, "to take money for ones own use in violation of a trust".

When you keep money that is owed to someone you are "in violation of a trust"

Some forms of thievery are obvious, like the clerk who pockets money from the cash register, or the bank robber. Some forms of thievery are more subtle. Regardless, it is still "stealing".

As Christians, many of us are taught that not paying our tithe is stealing from God. The concept of "withholding money" being the same as stealing is interesting, and accurate, in my view.

For example, I recently had some furniture delivered to my home. The two men who delivered it did a good job and I wanted to tip each of them 10 dollars, but only had a twenty dollar bill. I gave the twenty to the driver with instructions to split it with his helper. As they drove off, I wondered if he would.

In my view, if the driver keeps the helper's ten dollars, it is exactly the same as stealing a ten dollar bill from his wallet.

Providing goods and services is the method most of us use to earn a living. When someone fails to pay you for the goods or services you provided, they are stealing from you.

As Christians, we are supposed to hold ourselves to a higher standard, but apparently stealing from each other is okay.

I realized the full impact of this statement as we prepared our royalty statements. As a new company, we are trying our best to take care of business correctly, but we are far from perfect. One of our biggest problems has been getting our computer programs set up for royalties. We were way too slow on the first round and were promptly reprimanded by a writer who accused us of stealing his money. We apologized for being late and assured him his check was already on the way. He was gracious enough to call the next day when his check arrived. We are just now getting caught up and are very grateful to all
the wonderful writers who have trusted us with their songs without complaining about our tardiness. However, the process has taught me a valuable lesson. Not paying our songwriters is the same as stealing from them.

Using a writer's song without paying is essentially the same as not paying for your gas, your groceries, etc. etc…..get the idea?

It makes no difference whether you are an artist who orders your product from a manufacturer or whether you order your product from a record company, songwriters must be paid for their songs.

The current statutory rate is 9.1 cents. That means for every song you record, you owe a songwriter 9.1 cents.

Here's how it works:

Once you have selected the songs for your recording, you must request a Mechanical License for each song from the publisher of each song.

This is an agreement that gives you permission to record the song and tells you where to send the money. THE MONEY IS DUE UPON MANUFACTURE OF THE PRODUCT, NOT THE SALE OF THE PRODUCT. This means if you order 500 CDs, you owe songwriter royalties for 500 CDs. It makes no difference whether you sell them in a week or a year.

This process applies to every recording…custom…major label…minor label…no label.

Recording at "I Be Deaf" Recording Studios and getting a package deal with 500 CDs does not get you off the hook.

YOU OWE THE ROYALTIES…EVERY CD…EVERY SONG!

You can call yourself anything you want to...part-time, full-time, professional, amateur, anointed, dedicated, soul winner, minister of music, but…if you don't pay songwriter royalties your real title is…THIEF!

Consider these facts.

The average cost of a manufactured CD is around $1.00, depending on the number ordered.
Royalties on a ten song CD are $.91.

Therefore the minimum basic cost of a CD is around $2.00. If you are buying your CDs directly from the manufacturer, you are the one responsible for requesting Mechanical Licenses and paying the royalties.

If you are buying your CDs from a record label, then the label should be requesting Mechanicals and paying royalties.

If you or the company you record with doesn't have the Mechanical Licenses on file for every song you have recorded, that is a good indication that the writers were not paid. You should go to your record company and ask to see the Mechanicals for your recordings. If they don't have them, shame on you for staying with a company that steals from our songwriters.

My friends, this is a serious matter. How can we expect God to bless our industry and use us for His purpose when we are stealing from one another? I believe this is another reason we are not as effective in reaching the lost and are failing to grow as an industry.

I truly believe this is something we must get corrected if we are to succeed.

Perhaps you are an artist or a record company that has been guilty of not paying royalties. It makes no difference whether you are an amateur or a seasoned veteran, it is time to correct this situation. There is little we can do about the past, but the future is a different story. We can start right now to end this practice of stealing from our songwriters.

As an artist, you are responsible for your work. In the end it falls to you to make sure that the royalties on your recording are paid.

Record companies, you have an obligation to our industry to account correctly for every song recorded by your company. It is no small task, I will attest to that, but it must be done.

I leave you with this scripture. "Therefore to him that knoweth to do good, and doeth it not, to him it is sin. James 4:17 KJV

As always, I welcome your comments.

God Bless You,

Nick Bruno
http://www.songgardenmusic.com

Reader Comments

Nick!
On behalf of Southern Gospel Songwriters everywhere, THANK YOU!
W W

WouldHeWrite



Commented by wouldhewrite On 06/01/2006
I have heard of record companies saying, "Well, since you are only ordering XXX amount, most songwriters or companies don't want the headache of collecting such a small amount, so don't worry about the royalties." Hmmmm...


Commented by On 06/01/2006
I don't know if people realize just how sad a situation this is. A writer friend had 5 cuts last year- 3 by big nationally known groups and 2 by regional groups. Of the 5 cuts, not one contacted him and paid mechanical royalties- even after sending the license out. It really isn't that much of a cost and the writer certainly doesn't get rich. I've gotten enough to go to Outback Steakhouse one time. (1000 cds divided by publisher/co-writer - one song). Actually, I spent it on more blank cds to send out more demos. I can't make a living as a writer, but it would be nice if my hobby reached the point of paying for itself. At this point, I'm several thousands of dollars in the hole.

Another sad situation was when I was trying to help someone track down who to pay. The song they were looking for was a #1 song on the Singing News Charts a few years back and had been recorded by a very popular group. The group had the lyric to the song on their website, had it available on 2 different cds but NEVER listed the author or the publisher alongside the words or on the cd. When they were contacted in an effort to find who wrote the song and which publisher to contact, they had the writer correct but referred us to the wrong publisher. THEY DIDN'T KNOW! Since most people sing cover songs done by the big groups, WHY would a top group not make it easy by keeping the writer/publisher tied to it at all times. All it needs is "(Smith/ABC, Inc). Most can take it from there.


Commented by Susan Jones On 06/01/2006
Artists and Record Companies not paying for their songs is the same as a carpenter not paying for his nails and lumber. Too often Christians think that everything is supposed to be given to the church. But Jesus and the other writers of the scriptures are pretty adament about believers being lavishly generous and giving. Not only is not paying royalties stealing, it is against the very nature of the Spirit of God.

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

- Galatians 5:25

My Blog



Commented by Keith Prater On 06/02/2006
I am a Gospel songwriter who has had moderate success. I've had a couple of other Christian artists record my songs, and some of the songs have charted at 1 and 2 on the CCM Magazine Inspo Charts.
In my experience the ONLY time I have EVER not been paid royalties if when a SOUTHERN GOSPEL Group or artist has recorded one of my songs. All the other companies have been VERY honest and VERY timely with their payments. Why is SGM so slow in being honest?


Commented by On 06/02/2006
Thanks, Mr. Bruno. Truth is indeed our compass.

Blessings,
Mickey


Commented by Mickey Mixon On 06/02/2006
Great article Mr. Bruno, one of your best. It would be a blessing to a lot of writers if the article could be dispersed to all those folks that don't visit or read the info on this site.


Commented by Boyd Raper On 06/03/2006
I agree with the sentiments of this article as I have already stated. But if the songwriter really wants his songs to earn money, perhaps he or she should sing them him or her self. If God has given you a song, He probably intends for you to be the one who sings it. If He has given you songs, perhaps he wants you to take voice lessons so you can be a good singer yourself. It is certainly much more profitable and efficient for you to sing your songs than trying to convince others to sing them. If others hear you sing your songs well, they will want to sing them, too, making your songs that much more profitable. Now, what are we going to do? Bang our heads against the wall trying to get others to sing our songs? Or take the much more progressive road of learning to sing and then singing our songs ourself?

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

- Galatians 5:25

My Blog



Commented by Keith Prater On 06/04/2006
Keith, your suggestion works well in some circumstances, but surely you know of songwriters who couldn't sing a pleasing tune if their life depended on it and singers who couldn't write a song. The two groups need to find each other. In my situation, I can sing (although no one knocks my door down with weekly invitations) but the music I write is not supported around here. We don't have SG radio and we don't have inspo. It's either the local country gospel crowd moving from church to church or CCM. No market for what I do. The songs I write for the singing convention books I hear are widely performed in the south at the gatherings. Unfortunately, I never get to hear them. On the otherhand, I do have the thrill of getting to write them and I like knowing that my efforts at writing have resulted in time well spent.


Commented by Susan Jones On 06/04/2006
Deon Unthank's avatar Wow, Jeanne, you must be very fortunate, because everything I've read says that this is a common problem in music, not just SGM. Are you sure you weren't just taking a jab at SGM?

Deon Unthank
SoGospelNews.com
My Blog

Some people are like Slinkys… Not really good for anything, but they
still bring a smile to your face when you push them down a flight of stairs - Author Unknown



Commented by On 06/04/2006
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