Frequently Asked Questions

What is a music publishing?
Music publishing is a relationship between the creator of a song (songwriter) and the copyright owner of the song. The copyright owner may be the songwriter or a third party publisher. A songwriter may convey ownership of the copyright in her songs to a publisher via single song agreements or exclusive songwriter agreements. The conveyance to the publisher is typically for the life of the copyright of the song. In exchange for the conveyance of the copyright in the song, the publisher should agree to use her best efforts to exploit the song, assist the songwriter in developing her craft, and pay royalties to the songwriter (typically 50% of the income the publisher receives from the song). The publisher also performs administrative duties on behalf of the songwriter.

How does an administration company differ from a music publisher?
An administration company does not secure any ownership in the copyright in the song. The agreement with the administrator is typically for a set number of years and not for the life of the copyright in the song. An administrator is paid a percentage of income for performance of the administrative functions of a publisher such as negotiating and securing mechanical, performance, print and synchronization licensees.

What is a copyright?
Copyright is an original work of authorship fixed in a tangible medium of expression; such as a song, book, or sound recording.

What are the rights of a copyright owner?
The 1976 Copyright Act gives the owner of a copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;



• To prepare derivative works based upon the work;



• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;



• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;



• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and



• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

What is a sound recording / master recording?
A sound recording (as set forth in the U.S. Copyright Act) is a work that result from the fixation of a series of musical, spoken, or other sounds, but not including the sound accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes or other phonorecords, in which they are embodied.

Do we license sound recordings / master recordings?
We will assist you in securing third party master rights.

What is a master use license?
A license from the owner of the master recording allowing for the reproduction and distribution of the master recording.

What is a mechanical license?
A license that permits the reproduction of music in a form that may be heard with the aid of a “mechanical device. (Derived from the exclusive right in the U.S. Copyright Act to reproduce copies and phonorecords).

What is a print license?
A license to reproduce the visual images of the music and/or lyrics of a musical composition.

What is a public performance (as set forth in U.S. Copyright Act)?
Perform or display at a place open to the public, or any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or to transmit or communicate a performance to one of the groups herein.

What is a synchronization license?
Permission to use a song in timed relation to visual images.

What functions do ASCAP, BMI and SESAC perform?
ASCAP, BMI and SESAC serve as entities that license the public performance of non-dramatic songs on behalf of member copyright holders.

What functions does the Harry Fox Agency perform?
The Harry Fox Agency is the largest agency for the issuance of mechanical licenses on behalf of music publishers.

What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

See MUSIC PUBLISHING TERMS and WHAT WE DO for answers to additional questions.