Songwriters Songwriters Copyright and Music Publishing Questions and Answers 2 — Questions and Answers
Question 1: What is a mechanical license in the context of music publishing?
- A license to reproduce and distribute a copyrighted musical composition (Correct answer)
- A license to perform a song live on stage
- A license to use a song in a television commercial
- A license to sample another artist's recording
Correct answer: A license to reproduce and distribute a copyrighted musical composition
A mechanical license grants the right to reproduce and distribute a copyrighted song in physical or digital formats such as CDs, vinyl, or streaming.
Question 2: Under U.S. copyright law, what is the statutory mechanical royalty rate per song for physical and digital downloads as of recent rates?
- 9.1 cents per copy (Correct answer)
- 5 cents per copy
- 12 cents per copy
- 15 cents per copy
Correct answer: 9.1 cents per copy
The statutory mechanical royalty rate set by the Copyright Royalty Board has been 9.1 cents per copy for songs five minutes or under.
Question 3: What does the term 'split sheet' refer to in songwriting?
- A document that outlines each songwriter's percentage of ownership in a song (Correct answer)
- A contract between a publisher and a record label
- A royalty payment schedule issued quarterly
- A form filed with the Copyright Office to register a song
Correct answer: A document that outlines each songwriter's percentage of ownership in a song
A split sheet is an agreement among co-writers that specifies each person's ownership percentage of a composition.
Question 4: Which organization is NOT a performing rights organization (PRO) in the United States?
- Harry Fox Agency (Correct answer)
- ASCAP
- BMI
- SESAC
Correct answer: Harry Fox Agency
The Harry Fox Agency handles mechanical licensing, not performance royalties, unlike ASCAP, BMI, and SESAC which are PROs.
Question 5: What happens to a songwriter's copyright after they pass away under current U.S. law?
- It transfers to their heirs or estate for 70 years after death (Correct answer)
- It immediately enters the public domain
- It reverts to the music publisher permanently
- It is held by the Library of Congress for 50 years
Correct answer: It transfers to their heirs or estate for 70 years after death
Under current U.S. copyright law, copyright protection lasts for the life of the author plus 70 years, during which time heirs or the estate control the rights.
Question 6: What is a co-publishing deal in the music industry?
- An agreement where the songwriter and publisher each own a share of the publisher's portion of royalties (Correct answer)
- A deal where two record labels jointly release an album
- An arrangement where two songwriters split all income equally
- A contract allowing a song to be published in multiple countries simultaneously
Correct answer: An agreement where the songwriter and publisher each own a share of the publisher's portion of royalties
In a co-publishing deal, the songwriter retains a portion (typically half) of the publisher's share in addition to the full writer's share of royalties.
What is a mechanical license in the context of music publishing?