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In a world where ideas are coming thick and fast and creating millionaires overnight, the words 'patent' and 'copyright' have become more commonplace than they were even a few years ago.
But are both words applicable to the music business?
UKP-Arts highlights a few points any songwriter or composer should know about specific ways the industry works and how to copyright your material properly and professionally.
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The difference between the words 'patent' and 'copyright' is a patent applies to something you can hold in your hand, something physical, like a new mousetrap or a widget. The word 'copyright' applies to 'intellectual property'; in other words, an idea. Copyright simply means 'the right to copy' and copyrighting material is not nearly as difficult as many people believe.
The Performing Right Society (PRS)
The music business loves intials. EMI, RCA, MCA, BMI, MCPS and so on. As far as copyright is concerned, you should be aware of the letters PRS which stand for Performing Right Society. The PRS is a non-profit making organisation created in 1914. It comprises over 30,000 songwriters and publishers which grant any individual, company or organisation the right to perform a particular piece of copyright music in return for an annual fee or licence.
Licences
Anyone wishing to use copyright music must obtain a licence from the PRS. This applies mainly to pubs, clubs, restaurants, shops, television programmes, films - anywhere where the general public will hear a copyright song basically, whether it be 'live' or recorded.
The money that is collected for licences from the PRS is then divided up amongst its members, with the largest shares going to those whose songs have had the most licence requests. The amount of money collected by the PRS each year for its members is in excess of £100,000,000.
Securing a Copyright
There are several ways in which you can secure a copyright. As a songwriter or composer, it is important you get into a habit of copyrighting your material as soon as it is finished. Below are some of the most recognised ways of copyrighting your material:
Put together a package of your material comprising your song(s) along with paper showing the musical score, or information about how the song was composed and register the package with a bank or solicitor for safe-keeping. Some banks and solicitors will be prepared to assist you, others will not. Don't give the material to a friend or even a relative for safekeeping;
Put the song(s) in cassette or CD format in a padded envelope along with lyrics or musical score and send it to yourself by registered post. Keep the receipt and never open the parcel;
Get a music publisher to agree to include the song(s) within their catalogue and it will then be their responsibility to sort out all copyright issues.
PRS Payments
PRS members' earnings are dependent upon how many times licences have been granted for their material. For three minutes of airplay on a British national radio station, the PRS will pay in the region of £50. Payments for airplay on smaller or local radio stations will be less. Although the PRS has paid the £50 sum, often it does not all go to the person who wrote the song. Much depends on what arrangement they have with their music publisher, if they have one. If the arrangement is a 50/50 split of PRS payments, they get 50 per cent of £50. If it is a 60/40 split, the songwriter or composer would get 60 per cent, and so on. Not all songwriters or composers have music publishers though, and would receive the full PRS payment.
For more information about the PRS and how to become a member, visit www.prs.co.uk.
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