Claiming songwriter royalties for older songs can seem daunting, but it's definitely achievable with the right approach. Here's a breakdown of the process:
1. Understanding the Landscape of Royalties
First, it's crucial to understand the different types of royalties a songwriter can earn:
- Performance Royalties: These are generated when your song is performed publicly. This includes radio airplay, live performances, streaming, and even when it's played in restaurants or bars. Performance Rights Organizations (PROs) like ASCAP, BMI, and SESAC in the US, or similar organizations in other countries, collect these royalties and distribute them to songwriters and publishers.
- Mechanical Royalties: These are generated when your song is reproduced. This includes physical copies (CDs, vinyl), digital downloads, and interactive streams (like Spotify or Apple Music). In the US, mechanical royalties are often collected and distributed by the Harry Fox Agency (HFA) or the Mechanical Licensing Collective (MLC).
- Synchronization Royalties: These are generated when your song is used in visual media, such as movies, TV shows, or commercials. These royalties are typically negotiated directly with the music publisher.
- Print Royalties: These are generated from the sale of sheet music or songbooks.
2. Researching Your Song's Copyright Status
- Copyright Ownership: Determine who owns the copyright to the song. Is it you as the songwriter, a publisher, or a combination of both? If you signed a publishing deal, the publisher likely controls the copyright and administration of the song.
- Copyright Duration: Understand the copyright duration. In many countries, copyright lasts for the life of the author plus 70 years. If the song is very old, it might be in the public domain, meaning it's free for anyone to use.
- Copyright Registration: Check if the song was registered with the U.S. Copyright Office (or the equivalent in your country). While registration isn't strictly required, it provides legal proof of ownership and makes it easier to enforce your rights.
3. Identifying and Registering with PROs
- Choose a PRO: If you're not already affiliated with a PRO (ASCAP, BMI, or SESAC in the US), choose one and become a member. Each PRO has its own fee structures and payment schedules, so research which one best suits your needs.
- Register Your Songs: Once you're a member, register all your songs with your PRO. Provide accurate information, including the song title, co-writers, publisher (if applicable), and your percentage of ownership.
4. Investigating Mechanical Royalties
- Identify Usage: Determine how your song has been reproduced over the years. Were there physical releases, digital downloads, or streaming activity?
- Register with HFA/MLC (US): In the US, register your songs with the Harry Fox Agency (HFA) or the Mechanical Licensing Collective (MLC) to collect mechanical royalties from these sources.
- International Collection: If your song has been reproduced internationally, you may need to work with collection societies in other countries to collect mechanical royalties.
5. Tracking Down Unclaimed Royalties
- PRO Databases: Search the online databases of your PRO and other PROs to see if there are any unclaimed royalties associated with your songs. These databases often allow you to search by song title or songwriter name.
- HFA/MLC Databases: Similarly, search the HFA and MLC databases for unclaimed mechanical royalties.
- Royalty Recovery Services: Consider using a royalty recovery service. These companies specialize in tracking down unclaimed royalties for songwriters and publishers. They typically charge a percentage of the recovered royalties.
6. Dealing with Publishers (If Applicable)
- Review Your Contract: If you have a publishing deal, carefully review the terms of your contract to understand your rights and obligations regarding royalties.
- Communicate with Your Publisher: Contact your publisher and inquire about the status of your song's royalties. They should be able to provide you with information about the royalties they've collected and distributed.
- Audit Your Publisher: If you suspect that your publisher is not properly accounting for your royalties, you may have the right to audit their records. This can be a complex and expensive process, so it's best to consult with an attorney.
7. Persistence and Patience
Claiming royalties for older songs can be a time-consuming and challenging process. It requires persistence, attention to detail, and a willingness to navigate the complex world of music publishing and copyright law. Don't get discouraged if you encounter obstacles along the way. Keep researching, keep communicating, and keep advocating for your rights as a songwriter.
Important Considerations:
- Record Keeping: Maintain accurate records of your songs, including song titles, co-writers, copyright registration information, and publishing agreements.
- Legal Advice: If you're facing complex legal issues, consult with an experienced entertainment attorney.
- International Royalties: Collecting royalties from international sources can be particularly challenging. Consider working with a specialized international royalty collection agency.
By following these steps, you can increase your chances of successfully claiming songwriter royalties for your older songs and ensuring that you receive the compensation you deserve for your creative work.