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I
rely on my publisher to have this information. Why would I need it?
There are many ways that your publisher's interests and yours are
not the same. With a million copyrights in their pipelines,
maintaining total accuracy gets compromised. Keeping you informed
is not atop their priority list, especially if you're not currently
signed there anymore. Anyway, your publisher is not going to inform
you of your right to terminate. Why should they? But in order to
terminate, you must have much of this information.
Imagine twenty years from today. Chances are there will be no one
you ever knew at your publisher or who knew your catalog. There is
a good chance that the publishing company you signed with will not
exist any longer, having become part of a series of mergers and
acquisitions. If something should happen to you, it may leave your
loved ones in the dark, accepting what corporate representatives
tell them because they lack key information to do otherwise. In
a "life-plus-seventy" copyright world, that could be a one hundred
year mistake. The responsibility lies with you now. For more on
this topic, see the section
Documentation and Planning for the Future.
What
is termination?
Termination is a right creators were given by the copyright law that
went into effect January 1, 1978. It was born out of the
recognition that at the time of a transfer of grant (typically a
publishing contract), the songwriter (grantor) and the publisher
(grantee) can't know the future value of the work, and there is
often an imbalance in their bargaining positions. The termination
right is an inalienable right held by the creator, meaning that no
language in the transfer document can take it away. There are
specific guidelines and methods for achieving termination. Most
importantly, there are windows of time for notification that, if
missed, result in losing this right forever. For more of the
details, go to
Termination Right.
But how would terminating my publishing contract help me?
If
you were a landlord and you gave a long-term lease on a property
35
years ago, you might not be getting the rent for it now that new
market conditions present. An old deal like that might be
underpaying you. It also might be limiting your flexibility
to sell the property or find a new tenant.
Publishing
contracts come in all shapes and sizes. Many older
contracts took 100% of the publishing. Many had clauses that
limited payment rates, or included administration fees, or permitted
foreign collection fees by publisher-owned subsidiaries. There
are a myriad of reasons why a better deal could be had today.
Terminating
opens up the possibilities. You might structure a
better deal with your current publisher, or you might choose to let
someone else represent your songs. More than likely you would put a
time limit on representation going forward. A large advance might
be possible on a new contract. There are a variety of possibilities
that we can discuss with you as you look to the future. Termination
makes many more of them possible.
How
long will copyright protection on my songs last?
In
general, for works created since January 1, 1978, or works
that had never been copyrighted or published prior to that date,
the
copyright will last 70 years beyond the death of the last surviving
writer.
For
works copyrighted or published prior to January 1, 1978, most
will
have copyright protection for 95 years from the date of original
copyright. For more specific information, see the
Life of
Copyright section of our website.
What services do you provide to a songwriter or author?
In
a way we provide a service like no other. If you think
about it, where else can a songwriter have a representative that
does not work
at other times for both sides of the parties at the table?
Performance rights organizations, publishers, law firms,
administrators, auditors, and accountants are not exclusive to the
creator.
Along
with gathering the important information on your works as a reference
now and for future generations, and along with preparing
you for the future termination and recapture of those works, as
consultants we offer other strategies and viewpoints for what is
in your song catalog's best interest, short and long term. And
for those who have lost a spouse or parent who was a songwriter,
and
find they are constantly faced with daunting questions, we can be
of great service.
How
long does the process take?
Some
information is quickly gotten and some takes considerable time.
Contractual information, if not provided by the creator, must
be
acquired from the publisher, as there is generally no other source.
Depending on the publisher, this can be a slow process. To
be fair, publishers are running a company and our requests represent
an
additional workload.
The
complexity of each situation varies according to the size of
the
catalog, the number of different grants and publishers, whether the
author is still living, and the scope of your request. One song
might be completed in a few days, while an entire catalog could take
up to six months or more. Just as in auditing, sometimes there is a
slow period waiting for information to be provided which we need to
complete the process. Such time is not billed, however.
Matters such as termination are predicated on a time window, so it
is best to start the process early and be prepared ahead of time.
How do you charge for your services?
The goal of our services is to structure a lucrative
new future for your works that makes the cost of getting there seem
insignificant. We look at your needs and decide how to charge based
upon our guidelines and the scope of the entire project. You will
have a clear picture of costs prior to services and can choose
whether to proceed. For audits or referrals, we may share a fee with
the service provider, but at no additional charge to you.
Why
wouldn't I use my attorney to achieve this documentation?
Until
now, attorneys have been the primary source to get your information. We believe we provide a valuable alternative for these
specific services, and think you will find that we are more
cost-effective. We have developed unique software designed
especially for songwriter documentation and termination. As a
matter of fact, we hope to become a source law firms use to provide
these services to their clients. We are not attorneys, however,
and there may be reasons at times for us to use one to resolve
matters on your behalf, or suggest you do so. We are
not a substitute for competent counsel when and where it is required
I
signed my songs over to a publishing company long ago. That
company was later bought by a bigger company. I'll
never get them back, will I?
Not
without the facts. But with them, most anything is possible. We
collect what you need.
I
haven't kept up with anything as far as paperwork. Is
it still possible to get this information?
Absolutely.
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