Help

[E-REK]

Hey all! I'm in a bit of a dilemma:

I'm seeking guidance/insight on how to release an album solely by home recording. What is the legal process? Is there more than just record, perfect, and press - or is this all it takes?

Any help would be greatly appreciated, especially from those who are experienced in independent/home recorded and produced projects. We've completed all of our songs, have album art, and everything is in place (or so we believe?) except we want to make sure all of the bases are covered.

Thanks!

 

[Chili]

Well... I'm no expert, but I am in the midst of preparing a collection of songs to sell myself.

First thing you want to do is register the copyright of your originals. You can log onto the www.copyright.gov website and follow their forms, procedures, advice, etc. You will also want to register the copyright of your sound recording (CD) once it's completed. They have an option to register your copyrights and upload your material online. It's cheaper... and be sure to register your songs as a collection so you only have to pay the registration fee once ($35 online).

Second, if you are doing any covers (anything you didn't write) you will need mechanical licenses. I believe you can get that from www.harryfox.com website or directly from the songwriter if you know the person.

Third, if you plan to sell on download sites like iTunes or in brick and mortar stores, you will need a bar code. If you want soundscan and Gracenote to track your sales, you will need ISRC codes. These are available through www.CDBaby.net which is a great site for the independent artist. I'm still not quite sure how soundscan or gracenote (old CDDB) works, but CDBaby takes care of it for you for a negligible fee.

Fourth, if you haven't done so already, you should probably sign up with a PRO, like ASCAP or BMI. BMI allows you to sign up even if you haven't released songs through a major label, ASCAP has that requirement (I believe).

Fifth, make sure you have written agreements with all songwriters, recording engineers, producers and performing artists on your cd as to what is expected as far as royalties, compensation, percentages, cuts, etc. Make it very explicit; nothing implied. It saves arguments down the road.

Again, I'm no expert and I am learning as I go. Hope this helps....

Good luck and have fun,

 

[E-REK]

Thanks a lot amigo!

 

[E-REK]

Alright, I just got a chance to read that all, however you lost me with this one:

Fourth, if you haven't done so already, you should probably sign up with a PRO, like ASCAP or BMI. BMI allows you to sign up even if you haven't released songs through a major label, ASCAP has that requirement (I believe). (I'll google momentarily)

Can anyone elaborate on layman's terms?

 

[Chili]

Yeah man,

in the US, when you sell a cd, you are giving the buyer a license to use the cd in their home or car or private use. It's not to be used in a public place, on the radio, for profit, or performed live. So, when you sell a cd through an established outlet, a company like soundscan tracks the sale by using the bar code. They report the earnings back to you through your distributor; like CDBaby.

If your cd is played in a public place, played on the radio, in a nightclub, by another band, you want to get compensation for that. That's what a PRO is for, performing rights organization. The idea is, if someone else plays your tunes in public, they are supposed to report that back and pay you for the priveledge. Club owners, music venues and radio stations are supposed to have a license from BMI, ASCAP, or SESAC and report whatever tunes get played in the establishment. The PRO's have means of tracking your tunes, either through cue sheets or radio station monitoring, or whatever.

But I say supposedly, because as we all know, there is a lot of music ripped off these days.

Hope this helps

 

[E-REK]

Ah, thanks so much Chili - truly appreciated. I guess we gotta get to crackin' then on all of these legal issues!

Hope this process doesn't take too long...

 

[Chili]

Ah, thanks so much Chili - truly appreciated. I guess we gotta get to crackin' then on all of these legal issues!

Hope this process doesn't take too long...

Go through CDBaby and you can get it all done at one time without spending a ton of cash (except copyright). Even if you don't want to sell through them, they can hook you up with the digital download sites and never ask for any exclusives. You're free to sell your stuff where ever you want.

when you go to get your cd mastered, give them the barcode and ISRC codes. They'll encode it on the CD. If you're going to master it yourself, be sure to use a program that can encode that stuff, like WaveLab Essential. Also print the barcode on you cd art work, just like you see on commercial cd's. (Because it's the same thing!!)

Okay, sorry for talking your ear off. It's jsut that I'm going through all this right now, too.

Good luck.

 

[E-REK]

Haha, this is all very helpful. Good luck with your endeavors as well!

Do you know if Acid or Cool Edit/Adobe Audition have the barcode capabilities?