Recording - October 2011 - 62
By Todd Gascon with Bruce Kaphan
Chapter 19: Album release checklist
This will be the last installment of the It’s Your Music— Know Your Rights column. This final article will provide you with an overview of the legal issues you should be aware of when releasing your own album. In addition, it also summarizes some of the legal concepts we have previously discussed so that you can see how they might arise when you self-release an album. 1. Master Recordings (a) Sidemen. If you have hired musicians to record your songs you will want to ensure that they have transferred their copyright in their recorded performance to you. As discussed in one of our first articles, an individual retains the copyright in his recorded performance until he transfers his copyrights to another in a written document. For example, if you hired your cousin Joey to play cowbell on a track you will want your cousin to transfer his copyright over to you. This is typically done in a short form document sometimes called a “sideman release” or a “work-made-forhire” agreement. A sample form is available online at the Recording website; check the Resource Library under Magazine Extras > Article-Series Content. (b) Producer. If you hired someone to produce your album it is strongly recommended you have a written agreement. This contract should address, among other things, the services the producer will provide (e.g., will the producer also perform on a track or co-write songs with you); when and where these services will be performed; the fee for the producer’s services; the credit to be given the producer, and the producer’s royalty and the manner in which that producer royalty is paid. (c) Samples. If you have sampled any pre-existing master recordings you will need to make sure you get the necessary permission from the company that owns the master recording. In addition, depending upon the nature of your sample, you may also need to get permission from the publisher of the composition embodied in the sampled master. This can take time, so you will want to start early so as to avoid any unnecessary delays regarding the release of your album. (d) ISRC Codes. The ISRC Code is a unique international identifier for tracks on sound and music-video recordings. The ISRC Code is comprised of a 12 character alphanumeric code which functions as a digital “fingerprint” for each
62
RECORDING OCTOBER 2011
master. Unlike a bar code, the ISRC is tied to the track and not the carrier of the track (CD, Vinyl LP). In addition, the ISRC remains allocated to a master regardless of changes in ownership. In order to make your album available for sale as digital downloads and streaming services, you will need to assign an ISRC Code to each master on your album. This should be done prior to or at the time your album is mastered. For more information, please go to the following URL: www.riaa.com/issues/audio/isrc_faq.asp. 2. Musical Compositions If you have recorded a song you did not compose (i.e., a cover) you will need to obtain a mechanical license from the publisher(s) of the song (I’m assuming the song is not in the public domain). A mechanical license gives the holder of the license (that would be you) permission to record the song on a vinyl LP, compact disc or in a digital file. Assuming the song you covered has been commercially released, the publisher will be required to grant you a mechanical license so long as the following are met: (a) the song is a non-dramatic musical work (e.g., a dramatic work is a song that help tells a story (e.g., a song in an opera)); (b) the song has been previously recorded (note: you won’t be able to get a mechanical license for the first recording of a song); (c) the previous recording has been distributed publicly in phonorecords (e.g., the song was recorded and released to the public); (d) your recording of the song does not change the basic melody or fundamental character of the song (e.g., you may not change the melody or change the song’s lyrics); and (e) your recording is only used in phonorecords (e.g., audio only—no videos). If you are able to satisfy each of these conditions, you will be allowed to release your recording of the song by filing certain notices and paying a set fee per record. The fee is called the “statutory rate” and the amount of the fee is based upon the duration of your recording of the cover song. As of the date of this article, the current statutory rate is $0.091 cents if the recording is less than 5 minutes in duration. If your recording exceeds 5 minutes, the rate is $0.0175 per minute of playing time or fraction
https://usisrc.org/
Recording - October 2011
Table of Contents for the Digital Edition of Recording - October 2011
Recording - October 2011
Fade In
Contents
Talkback
Fast Forward
Postcards From The World Of Recording
Grace Design m103
Adobe Audition CS5.5
Radial Engineering Workhorse and 500-Series Modules: JDV-Pre, Shuttle, EXTC, and PhazeQ
Blue Reactor Multi-Pattern Condenser Mic
Great River Electronics / Harrison 32EQ 500-Series Equalizer Module
Millennia Media HV-35 500-Series Mic Preamp
Telefunken Elektroakustik AK-47 MkII Tube Condenser Mic
Pulse Techniques EQP-1A3
Audix CX212B Multi-Pattern Condenser Mic
A-Designs HM2 Compressor “The Nail”
It’s Your Music—Know Your Rights. Chapter 19: Album Release Checklist
Electro-Voice RE320 Dynamic Mic
Alesis iO Dock
Putting Together The Pieces
Reviewed & Revisited: Fable Sounds Broadway Big Band Kontakt Edition and Broadway Lites
Readers’ Tapes
Advertiser Index
Fade Out
Recording - October 2011 - Recording - October 2011
Recording - October 2011 - Cover2
Recording - October 2011 - 1
Recording - October 2011 - Fade In
Recording - October 2011 - 3
Recording - October 2011 - Contents
Recording - October 2011 - 5
Recording - October 2011 - Talkback
Recording - October 2011 - 7
Recording - October 2011 - Fast Forward
Recording - October 2011 - 9
Recording - October 2011 - 10
Recording - October 2011 - 11
Recording - October 2011 - Postcards From The World Of Recording
Recording - October 2011 - 13
Recording - October 2011 - 14
Recording - October 2011 - 15
Recording - October 2011 - 16
Recording - October 2011 - 17
Recording - October 2011 - 18
Recording - October 2011 - 19
Recording - October 2011 - 20
Recording - October 2011 - 21
Recording - October 2011 - 22
Recording - October 2011 - 23
Recording - October 2011 - 24
Recording - October 2011 - 25
Recording - October 2011 - Grace Design m103
Recording - October 2011 - 27
Recording - October 2011 - 28
Recording - October 2011 - 29
Recording - October 2011 - Adobe Audition CS5.5
Recording - October 2011 - 31
Recording - October 2011 - 32
Recording - October 2011 - 33
Recording - October 2011 - 34
Recording - October 2011 - 35
Recording - October 2011 - 36
Recording - October 2011 - 37
Recording - October 2011 - Radial Engineering Workhorse and 500-Series Modules: JDV-Pre, Shuttle, EXTC, and PhazeQ
Recording - October 2011 - 39
Recording - October 2011 - 40
Recording - October 2011 - 41
Recording - October 2011 - 42
Recording - October 2011 - 43
Recording - October 2011 - 44
Recording - October 2011 - 45
Recording - October 2011 - Blue Reactor Multi-Pattern Condenser Mic
Recording - October 2011 - 47
Recording - October 2011 - Great River Electronics / Harrison 32EQ 500-Series Equalizer Module
Recording - October 2011 - 49
Recording - October 2011 - 50
Recording - October 2011 - 51
Recording - October 2011 - Millennia Media HV-35 500-Series Mic Preamp
Recording - October 2011 - 53
Recording - October 2011 - Telefunken Elektroakustik AK-47 MkII Tube Condenser Mic
Recording - October 2011 - 55
Recording - October 2011 - Pulse Techniques EQP-1A3
Recording - October 2011 - 57
Recording - October 2011 - Audix CX212B Multi-Pattern Condenser Mic
Recording - October 2011 - 59
Recording - October 2011 - A-Designs HM2 Compressor “The Nail”
Recording - October 2011 - 61
Recording - October 2011 - It’s Your Music—Know Your Rights. Chapter 19: Album Release Checklist
Recording - October 2011 - 63
Recording - October 2011 - 64
Recording - October 2011 - 65
Recording - October 2011 - Electro-Voice RE320 Dynamic Mic
Recording - October 2011 - 67
Recording - October 2011 - 68
Recording - October 2011 - 69
Recording - October 2011 - 70
Recording - October 2011 - 71
Recording - October 2011 - 72
Recording - October 2011 - 73
Recording - October 2011 - Alesis iO Dock
Recording - October 2011 - 75
Recording - October 2011 - Putting Together The Pieces
Recording - October 2011 - 77
Recording - October 2011 - Reviewed & Revisited: Fable Sounds Broadway Big Band Kontakt Edition and Broadway Lites
Recording - October 2011 - 79
Recording - October 2011 - Readers’ Tapes
Recording - October 2011 - Advertiser Index
Recording - October 2011 - 82
Recording - October 2011 - 83
Recording - October 2011 - 84
Recording - October 2011 - 85
Recording - October 2011 - 86
Recording - October 2011 - 87
Recording - October 2011 - Fade Out
Recording - October 2011 - Cover3
Recording - October 2011 - Cover4
https://www.nxtbook.com/musicmaker/musicmaker/recording_202503
https://www.nxtbook.com/musicmaker/musicmaker/recording_202502
https://www.nxtbook.com/musicmaker/musicmaker/recording_202501
https://www.nxtbook.com/musicmaker/musicmaker/recording_202412
https://www.nxtbook.com/musicmaker/musicmaker/recording_202411
https://www.nxtbook.com/musicmaker/musicmaker/recording_202410
https://www.nxtbook.com/musicmaker/musicmaker/recording_202409
https://www.nxtbook.com/musicmaker/musicmaker/recording_202408
https://www.nxtbook.com/musicmaker/musicmaker/recording_202407
https://www.nxtbook.com/musicmaker/musicmaker/recording_202406
https://www.nxtbook.com/musicmaker/musicmaker/recording_202405
https://www.nxtbook.com/musicmaker/musicmaker/recording_202404
https://www.nxtbook.com/musicmaker/musicmaker/recording_202403
https://www.nxtbook.com/musicmaker/musicmaker/recording_202402
https://www.nxtbook.com/musicmaker/musicmaker/recording_202401
https://www.nxtbook.com/musicmaker/musicmaker/recording_202312
https://www.nxtbook.com/musicmaker/musicmaker/recording-november-2023
https://www.nxtbook.com/musicmaker/musicmaker/recording_202310
https://www.nxtbook.com/musicmaker/musicmaker/recording_202309
https://www.nxtbook.com/musicmaker/musicmaker/recording_202308
https://www.nxtbook.com/musicmaker/musicmaker/recording_202307
https://www.nxtbook.com/musicmaker/musicmaker/recording_202306
https://www.nxtbook.com/musicmaker/musicmaker/recording_202305
https://www.nxtbook.com/musicmaker/musicmaker/recording_202304
https://www.nxtbook.com/musicmaker/musicmaker/recording_202303
https://www.nxtbook.com/musicmaker/musicmaker/recording_202302
https://www.nxtbook.com/musicmaker/musicmaker/recording_202301
https://www.nxtbook.com/musicmaker/musicmaker/recording_202212
https://www.nxtbook.com/musicmaker/musicmaker/recording_202211
https://www.nxtbook.com/musicmaker/musicmaker/recording_202210
https://www.nxtbook.com/musicmaker/musicmaker/recording_202209
https://www.nxtbook.com/musicmaker/musicmaker/recording_202208
https://www.nxtbook.com/musicmaker/musicmaker/recording_202207
https://www.nxtbook.com/musicmaker/musicmaker/recording_202206
https://www.nxtbook.com/musicmaker/musicmaker/recording_202205
https://www.nxtbook.com/musicmaker/musicmaker/recording_202204
https://www.nxtbook.com/musicmaker/musicmaker/recording_202203
https://www.nxtbook.com/musicmaker/musicmaker/recording_202202
https://www.nxtbook.com/musicmaker/musicmaker/recording_202201
https://www.nxtbook.com/musicmaker/musicmaker/recording_202112
https://www.nxtbook.com/musicmaker/musicmaker/recording_202111
https://www.nxtbook.com/musicmaker/musicmaker/recording_202110
https://www.nxtbook.com/musicmaker/musicmaker/recording_202109
https://www.nxtbook.com/musicmaker/musicmaker/recording_202108
https://www.nxtbook.com/musicmaker/musicmaker/recording_202107
https://www.nxtbook.com/musicmaker/musicmaker/recording_202106
https://www.nxtbook.com/musicmaker/musicmaker/recording_202105
https://www.nxtbook.com/musicmaker/musicmaker/recording_202104
https://www.nxtbook.com/musicmaker/musicmaker/recording_202103
https://www.nxtbook.com/musicmaker/musicmaker/recording_202102
https://www.nxtbook.com/musicmaker/musicmaker/recording_202101
https://www.nxtbook.com/musicmaker/musicmaker/recording_202012
https://www.nxtbook.com/musicmaker/musicmaker/recording_202011
https://www.nxtbook.com/musicmaker/musicmaker/recording_202010
https://www.nxtbook.com/musicmaker/musicmaker/recording_202009
https://www.nxtbook.com/musicmaker/musicmaker/recording_202008
https://www.nxtbook.com/musicmaker/musicmaker/recording_202007
https://www.nxtbook.com/musicmaker/musicmaker/recording_202006
https://www.nxtbook.com/musicmaker/musicmaker/recording_20205
https://www.nxtbook.com/musicmaker/musicmaker/recording_202004
https://www.nxtbook.com/musicmaker/musicmaker/recording_202003
https://www.nxtbook.com/musicmaker/musicmaker/recording_202002
https://www.nxtbook.com/musicmaker/musicmaker/recording_202001
https://www.nxtbook.com/musicmaker/musicmaker/recording_201912
https://www.nxtbook.com/musicmaker/musicmaker/recording_201911
https://www.nxtbook.com/musicmaker/musicmaker/recording_201910
https://www.nxtbook.com/musicmaker/musicmaker/recording_201909
https://www.nxtbook.com/musicmaker/musicmaker/recording_201908
https://www.nxtbook.com/musicmaker/musicmaker/recording_201907
https://www.nxtbook.com/musicmaker/musicmaker/recording_201906
https://www.nxtbook.com/musicmaker/musicmaker/recording_201905
https://www.nxtbook.com/musicmaker/musicmaker/recording_201904
https://www.nxtbook.com/musicmaker/musicmaker/recording_201903
https://www.nxtbook.com/musicmaker/musicmaker/recording_201902
https://www.nxtbook.com/musicmaker/musicmaker/recording_201901
https://www.nxtbook.com/musicmaker/musicmaker/recording_201812
https://www.nxtbook.com/musicmaker/musicmaker/recording_201811
https://www.nxtbook.com/musicmaker/musicmaker/recording_201810
https://www.nxtbook.com/musicmaker/musicmaker/recording_201809
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201808
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201807
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201806
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201805
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201804
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201803
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201802
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201801
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201712
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201711
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201710
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201709
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201708
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201707
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201706
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201705
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201704
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201703
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201702
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201701
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201612
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201611
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201610
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201609
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201608
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201607
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201606
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201605
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201604
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201603
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201602
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201601
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201512
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201511
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201510
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201509
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201508
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201507
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201506
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201505
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201504
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201503
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201502
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201501
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201412
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201411
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201410
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201409
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201408
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201407
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201406
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201405
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201404
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201403
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201402
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201401
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201312
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201311
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201310
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201309
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201308
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201307
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201306
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201305
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201304
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201303
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201302
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201301
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201212
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201211
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201210
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201209
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201208
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201207
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201206
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201205
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201204
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201203
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201202
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201201
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201112
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201111
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201110
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201109
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201108
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201107
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201106
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201105
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201104
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201103
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201102
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201101
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201012
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201011
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201010
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201009
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201008
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201007
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201006
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201005
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201004
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201003
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201002
https://www.nxtbook.com/nxtbooks/musicmaker/recording_201001
https://www.nxtbook.com/nxtbooks/musicmaker/recording_200912
https://www.nxtbook.com/nxtbooks/musicmaker/recording_200911
https://www.nxtbook.com/nxtbooks/musicmaker/recording_200910
https://www.nxtbook.com/nxtbooks/musicmaker/nxtd
https://www.nxtbookmedia.com