For all of you Record Label/Business Owners

[jb4play]

I've finally decided to go ahead and Register a company for myself as an LLC in Atlanta. I'm already registered w/ ASCAP as a composer/songwriter, my publishing company papers should be back soon as well. My next step is to open a business bank account after registering my entertainment company. My question is, as far as taxes, how do write offs work? I've heard keeping up the paperwork on every transaction can lead to writing off everything from gas, equipment, to who knows what as long as the company's benefit was involved. Also, did any of you take the extra step and trademark your name in the state that you registered your business in? Is that even worth it if you're not a big company yet? My last question is about copyrighting material that has samples. I have contracts where the record label/artist has to clear the samples, not me, and I'm in no way liable after they purchase the track (I give them all of the information regarding clearing after they agree and sign). So when I register tracks w/ the SR form (in the past they sent the paperwork back on the only cd I sent that had sampled beats, the originals I composed copyrighted fine) should I just hold off on beats that are sampled until the labels/artists clear the samples or should I copyright the track w/ the samples removed? That's the only aspect about copyrighting that has me "iffy". I'd hate to waste another $30 on tracks that use samples. So how do you guys handle this?Thx in advance!

 

[tempo]

I've finally decided to go ahead and Register a company for myself as an LLC in Atlanta. I'm already registered w/ ASCAP as a composer/songwriter, my publishing company papers should be back soon as well. My next step is to open a business bank account after registering my entertainment company. My question is, as far as taxes, how do write offs work? I've heard keeping up the paperwork on every transaction can lead to writing off everything from gas, equipment, to who knows what as long as the company's benefit was involved. Also, did any of you take the extra step and trademark your name in the state that you registered your business in? Is that even worth it if you're not a big company yet? My last question is about copyrighting material that has samples. I have contracts where the record label/artist has to clear the samples, not me, and I'm in no way liable after they purchase the track (I give them all of the information regarding clearing after they agree and sign). So when I register tracks w/ the SR form (in the past they sent the paperwork back on the only cd I sent that had sampled beats, the originals I composed copyrighted fine) should I just hold off on beats that are sampled until the labels/artists clear the samples or should I copyright the track w/ the samples removed? That's the only aspect about copyrighting that has me "iffy". I'd hate to waste another $30 on tracks that use samples. So how do you guys handle this?Thx in advance!

First - from experience - save all receipts; that is, gas, equipment, paper, ink, cds - do it all. Try to track them in Excel as well, or Quicken. At the end of the year, take all receipts and Excel/Quicken documents to a CPA and pay to have your taxes done based on those receipts. The key here is: Keep all receipts and Go to a CPA. Don't skimp.

Second - as far as sample clearances go....If you did not sell the track EXCLUSIVELY (in otherwords, that person has exclusive rights to the track), then you could be liable in a court of law if the track is distributed. If you have a label, and you own the copyrights to - and distribute the completed tracks (with vocals), you could be liable. The best option? Sell that track exclusively or don't distribute unless you have legal paperwork exhonerating you from damages. Really, I'd suggest paperwork period.

See me at www.stellarbeats.com

 

[bknot1]

Keep copies of everything you buy or pay for ..period
dont worry about trademaking until your big enough to worry about it

My last question is about copyrighting material that has samples. I have contracts where the record label/artist has to clear the samples, not me, and I'm in no way liable after they purchase the track (I give them all of the information regarding clearing after they agree and sign). So when I register tracks w/ the SR form (in the past they sent the paperwork back on the only cd I sent that had sampled beats, the originals I composed copyrighted fine) should I just hold off on beats that are sampled until the labels/artists clear the samples or should I copyright the track w/ the samples removed? That's the only aspect about copyrighting that has me "iffy". I'd hate to waste another $30 on tracks that use samples. So how do you guys handle this?Thx in advance!

also check this thread out https://homerecording.com/bbs/showthread.php?p=1921525

Court Rules That All Musical Samples Must Be Paid For
09.08.2004 10:47 AM EDT

'Get a license or do not sample,' judges say.
http://www.mtv.com/news/articles/1490830/20040908/index.jhtml?headlines=true

ok, when you do that you are selling the beat outright...noe royalites or anything to you..it would be their responsibility to clear the samples as long as you gave them the right info. You cannot copyright your beat if you used someones elses work.. you need to get permission from them. What you’re making is called a derivative work, because it derives from someone else’s work. goto http://www.copyright.gov and read the circ14 .

this doesnt apply to sample CDs..

you gotta remeber the Copyright Office doesnt listen to anything they get, they take your word for it that it is your original work, take your fee, and send you a registration #


hope this helped

 

[jb4play]

Preciate Both Of You Guys Posts!

 

[Murdock Jones]

I would suggest clearing the samples yourself rather than having the label do it. My experience has been that first, the publishers offer me a better deal, seeing as how I'm a small producer, as opposed to a big label with money, and second, when the label clear it for you the first thing they offer is all of your publishing. When I do it myself, I'm able to keep some of it.