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Arts and Entertainment Law


Songwriter's Guide
by Gary Schuster

Introduction

Songwriters, like other artists, are not generally renowned for their business acumen. There are, of course, some very shrewd songwriters. Most are simply competent. All would probably prefer to forget about paperwork and concentrate on writing songs. Unfortunately, wishing does not make it so. All songwriters must eventually face copyright forms, contracts, royalty statements, tax returns and other species of paperwork. It should be obvious that the songwriter who understands this paperwork will make better deals, keep more money, and live a better life.

This book is really about
the thinking you must do
as a songwriter in the music business.


This book is designed to introduce songwriters to their paperwork and show how to do it. In some cases, it will allow you to do for yourself things that you would otherwise pay someone else to do for you. In other cases, it will allow you to make sure that other people are doing their jobs properly. And in very complex matters involving the services of attorneys or accountants, it will at least enable you to speak intelligently and furnish these professionals with the information and assistance they require.

Paperwork is boring, complicated and potentially harmful if done incorrectly. But the real problem is not the chore of writing words or numbers in little boxes on a page. The real problem is the thinking you must do before you write. This book is not about penmanship (as if I could teach that!). It is about the thinking you must do as a songwriter in the music business. And in learning how to manage this paperwork, you will be learning about the laws and structure and procedures of your chosen industry.

One of the first things to learn is the distinction between songwriters and other participants in the music business. Once up on a time, songwriters wrote songs and singers sang them and never the twain did meet. Since the late 1950s or early 1960s, however, more and more writers have been performing their own works. This has occurred to such an extent that many of us who grew up during or after the 60s think of this as the "natural" way. But it is not the way things began. Recording artists should not be confused with songwriters. At times they may happen to be the same person, but from a legal or business viewpoint they are very different. They own different pieces of property, they have different rights, they are paid in different ways and by different companies. Even the copyrights taken out by songwriters (the ©) and record companies (the P) are somewhat different. For these and other reasons, the distinction between writers and performers must be kept firmly in mind, even when one person is wearing both hats. This distinction is also important because this book deals only with songwriting. It does not deal with recording. Nor does it deal with personal management, personal appearances, film, video, TV or other topics which can be closely related to songwriting.

Before investigating the various types of Songwriter's Guide, it will be useful to present an overview of the music industry as seen from the perspective of the songwriter. There are many actors whose names and functions must become familiar, and many terms whose meanings must become clear. Consider, then, this chart, which illustrates the text in the following chapter.

Back to "Songwriter's Guide" Table of Contents

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