Izzy Posted March 27, 2017 Share Posted March 27, 2017 I got a Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords in the mail for a song of mine. I do not want anyone to record or distribute my songs. I've googled this and am going to figure it out but I wanna know if any of you have had this happen. Maybe you have insight.... Link to comment Share on other sites More sharing options...
brad1 Posted March 28, 2017 Share Posted March 28, 2017 I got a Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords in the mail for a song of mine. I do not want anyone to record or distribute my songs. I've googled this and am going to figure it out but I wanna know if any of you have had this happen. Maybe you have insight.... Have you tried contacting Spotify directly, and asked them about it? Who knows, there could be some money in it for you perhaps. Link to comment Share on other sites More sharing options...
L5Larry Posted March 28, 2017 Share Posted March 28, 2017 ... there could be some money in it for you perhaps. Sounds to me like you have a "problem" most songwriters dream of, someone has heard a song you wrote and wants to commercially record it. By posting the song on the internet, you have essentially "published" it, but you HAVE also protected your "copyright". Once a song is published, anybody has the right to sing it, play it, or record it, without your consent or permission, IF.... they pay the "FEE". The difference between you and say Lennon/McCartney is the big corporate publishing company, which can set their own licensing fees. But... there are laws in place to protect the rest of us mere mortals. Once you confirm exactly what's going on, you might want to talk to an entertainment lawyer...... but my advise would be to ride out the process and take the check, it's just one song. Every rich and famous songwriter in the world had to sell their first song to someone at some time. Link to comment Share on other sites More sharing options...
L8_4thesh0w Posted March 28, 2017 Share Posted March 28, 2017 If you don't have the Copyright it could be something more sinister. I've heard of people posting videos of their original work, only to have someone else later demand they cease and desist, because they have submitted their own copyright on that particular work. It can be a nasty business. Whatever the circumstance, I hope you get it sorted in your favor. Link to comment Share on other sites More sharing options...
charlie brown Posted March 28, 2017 Share Posted March 28, 2017 I'd have your lawyer contact Spotify, on your behalf, first and foremost. It may take nothing more than a phone call or letter, from him (or, her). DO NOT negotiate any fees, royalties, or compensation, by yourself! Good Luck, Izzy! CB Link to comment Share on other sites More sharing options...
Izzy Posted March 28, 2017 Author Share Posted March 28, 2017 From what I read about this type of Notice, there is a schedule of fees already in place. Apparently it is rigorous and most people don't bother to do it. Yes, my work is VERY much copyrighten. Never even play it out, let alone publish it without copyrighting. So what I gather is, IF I have published my work, then someone can go ahead and re-record it faithfully (same melody and lyrics), but they have to send me monthly statements and royalties and such and thus they get to skip asking permission. This seems wrong. Just look at it: "Must One Use a Compulsory License? No. Anyone wishing to make and distribute phonorecords of a nondramatic musical work can negotiate directly with the copyright owner or his or her agent. But if the copyright owner is unwilling to negotiate, or if the copyright owner cannot be contacted, the person intending to record the work or make a DPD can use the compulsory licensing provisions of the copyright law. Where I got the information Here is the official word :Compulsory License And about the money : Royalty Rates Link to comment Share on other sites More sharing options...
Guest Farnsbarns Posted March 28, 2017 Share Posted March 28, 2017 Sounds to me like you have a "problem" most songwriters dream of, someone has heard a song you wrote and wants to commercially record it. By posting the song on the internet, you have essentially "published" it, but you HAVE also protected your "copyright". Once a song is published, anybody has the right to sing it, play it, or record it, without your consent or permission, IF.... they pay the "FEE". The difference between you and say Lennon/McCartney is the big corporate publishing company, which can set their own licensing fees. But... there are laws in place to protect the rest of us mere mortals. Once you confirm exactly what's going on, you might want to talk to an entertainment lawyer...... but my advise would be to ride out the process and take the check, it's just one song. Every rich and famous songwriter in the world had to sell their first song to someone at some time. Not true. Look up first licence refusal. Link to comment Share on other sites More sharing options...
Big Bill Posted March 28, 2017 Share Posted March 28, 2017 I would love to have this problem. Hell, I feel honored when somebody even takes a moment to listen to my stuff. Link to comment Share on other sites More sharing options...
Izzy Posted March 28, 2017 Author Share Posted March 28, 2017 I will look at FLR. Thanks Farnsbarns! I am flattered that people would hear and like my stuff...it is that no one emailed me or called me or reached out to me personally or even asked impersonally. If a dude wrote me an email and asked or if a company sent an impersonal letter asking and showing me what they would offer in exchange...but this letter was all like: Hey, just letting you know we are gonna use your stuff. This guy is recording it. If you have questions ... I was like.....that song I wrote at the age of TEN. I was a kid. Songs are personal things. Locally, a singer informed me that he was gonna cover one of my songs and I was like, "F NO! ASK me, man. I would say yes IF you pimp out my name." He did not ask. The not asking is what gets me. I am not dead and I bothered to copyright. Give me the chance to thank you for liking my stuff and to decline if the song is too personal. Maybe I am too sentimental about my songs Link to comment Share on other sites More sharing options...
Guest Farnsbarns Posted March 28, 2017 Share Posted March 28, 2017 You can't stop someone performing your song but you can stop them recording it, depending on the terms of where you uploaded it of course. Link to comment Share on other sites More sharing options...
Big Bill Posted March 28, 2017 Share Posted March 28, 2017 I can see where it would be taken as rude. Then the stakes are higher when they make money off of it, especially when you never ever made a dime off of it. Link to comment Share on other sites More sharing options...
Pin Posted March 28, 2017 Share Posted March 28, 2017 I was like.....that song I wrote at the age of TEN. I was a kid. Songs are personal things. Locally, a singer informed me that he was gonna cover one of my songs and I was like, "F NO! ASK me, man. I would say yes IF you pimp out my name." He did not ask. The not asking is what gets me. I am not dead and I bothered to copyright. Give me the chance to thank you for liking my stuff and to decline if the song is too personal. Maybe I am too sentimental about my songs Here we have the difference between a creator and a user. For you Izzy the song is wrapped up in you - part of your being. The would-be recordist is simply a user (maybe a very nice person and quite possibly talented in their own right) and just doesn't have your emotional connection to the song. Not easy to resolve and dependent entirely on whether you can separate off your emotional connection and just think commercially. Link to comment Share on other sites More sharing options...
rct Posted March 28, 2017 Share Posted March 28, 2017 If you are that attached to your songs the simple answer is to not record, not copyright, don't play them publicly, and especially, don't put them on social media. Outside of that, it's business. "Every day I type out my every thought but nobody respects my privacy!" rct Link to comment Share on other sites More sharing options...
Guest Farnsbarns Posted March 29, 2017 Share Posted March 29, 2017 Hi Izzy. I've got some info for you. I checked with the oracle... I assume your copyrights are US registered, if not, let me know. You absolutely have a First License Refusal, You can refuse or you can ask for any sum you like to grant a license. Even if you don't ask a fee to grant a license you'll still get $0.09 for every sale of the track. You will also receive an income for streaming. The rate is dependant on your deal. The better half recommends you go through Harry Fox for that in the US. Make sure you're a member of a collection society and register the works with them. I (she) might be able to help with that, see my PM. ASCAP, BMI, SESAC. (The latter charging by far the least commission). Let me know if you want some more in depth assistance. She is quite senior in royalties, tracking and artist's audits for the biggest publisher in the US. Link to comment Share on other sites More sharing options...
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