Besides the obvious profit potential, which is attractive to anyone seeking
a good business to start, there are several situations that make setting
up a publishing company a natural move:
Singers may want greater control over their own copyrights,
as well as earn more money from their use.
New singers may want to short-circuit frustrations of trying
to get publishers to accept their work.
singer who does well as his own publisher and
where you can negotiate a portion of the rights for your own company.
Record producers and recording artists may want to own some of the
copyrights that they record.
Artists' managers, music business attorneys, or accountants may
want to handle clients' songs.
Record labels should want to publish songs they release that aren't
already signed to publishers.
People who have a great casting sense that lets them present the
right song to the right artist at the right time.
The way Of Setting Up Your Own Publishing Company
1. You are eligible to have BMI, ASCAP, or SESAC process your application
as a publisher if : (a) a record is being released containing a performance
of the song; (b) a motion picture is being released that includes the song;
(c) a television program will be or has been broadcast using the song; or
(d) a radio program has been broadcast that played the song.
2. Come up with a name for your company (with three alternates) and clear
the name with BMI, ASCAP or SESAC. You may use your own name but you should
try to come up with something catchy that will make people want to open
your envelopes with your demos inside. Unless you intend to publish the
songs of other writers who may belong to other performing rights organizations,
you need only set up a company with the one you're affiliated with as a
writer.
There is a $50 annual fee for being a publisher-member of ASCAP. There is
a one-time $100 application fee to be a BMI publisher, and no annual fee.
There is no fee for SESAC publishers.
3. Once the name(s) have been cleared, go to your local city or town hall
and obtain the forms to register a ficticious name certificate, also known
as a d/b/a (doing business as...). Then go to your bank and open an account
under your new business name. If you have any questions about the required
business forms call the Secretary of State's office in your state.
4. Copyright all the songs you wish to have in your company on a PA form
assigned to your company. If you have already obtained copyright registrations
on your unpublished songs, you will now register them again as published
works.
5. For songs being released on records, or for songs that will be or have
been performed in a motion picture, television program or radio program
(regardless of whether the song is included on any record), fill out both
the writer's and publisher's clearance forms from the performing rights
organization involved (BMI, ASCAP or SESAC). These forms notify the organization
that a specific song is being released on a specific album so that, when
it's performed on the radio, TV, or elsewhere, the organization will know
who to pay, what percentage to pay the writer and the publisher, and where
to send the checks. Directions are included on the forms and in the publisher's
manuals provided by the organizations. Keep a copy of everything you send
out for your files.
6. Organize yourself to be able to keep track of your "song shopping."
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