ION INDIE MAGAZINE October 2015, Volume 17 | Page 98

Songwriting Series: The Bundle of Rights By Paul Bordenkircher Last time, we discussed the different kind of publishing deals. But to really understand what you're signing--or signing away--you need to understand what rights you have as part of the original works you create. According to copyright law, there are several rights that are immediately given to the creator at the moment a work is created. These are known as the Bundle of Rights, and they belong with only the creators, unless those rights are assigned to others by written contract. This might be the most important thing you learn as a songwriter, so pay close attention. The Bundle of Rights are: 1 The right to reproduce the work. This means to make copies, physical or digital. CDs, vinyl, MP3s and any other form your song might take fall under this one. 2 The right to distribute the work. Just like reproducing the work, this right applies to physical or digital copies (not streaming). Best Buy, iTunes or your own website are all places distributing your work. 3 4 The right to make derivative works. A derivative work is the creation of new works, using a previous work as a portion. This is a long discussion on its own, but the best example of a derivative work is Elton John's re-write of his classic song "Candle in the Wind." It was originally written in 1973 about Marilyn Monroe. When Princess Diana died in 1997, Elton rewrote the lyrics in her honor. This is considered a derivative work, because the original work had one set of lyrics, the derivative work has a different set. The right to display the work publicly. This right does not apply to musical works, only to visual works like paintings and sculptures. 5 The right to perform the work publicly. This means any kind of performance of your song, live or recorded. A live performance by you or another group, on AM or FM radio, television, satellite radio, streaming service, on the telephone, grocery store, elevator, or anywhere else music is played. 6 The right to perform publicly via digital transmission. Much like the last one, this applies to a public performance of the work, but it applies specifically only to places like satellite or internet radio and streaming services. This is also the only one of the rights we’ve listed that applies to the sound recording. That means in the first five instances, checks would go to the creators of the work--songwriter, publisher, etc. In this last version, checks go to the owner of the sound recording (often referred to as the master). When is my song copyrighted? One of the biggest misconceptions I get from songwriters is the actual point when a song is legally considered copyrighted. So many writers want to run out right away and file papers with the Copyright Office, saying, “If I don’t do it RIGHT NOW, someone can steal it.” This is incorrect. So we’re gonna break down all this legal-speak so you’ve got a handle on it. Here’s the legal definition: An original work is deemed copyrighted at the moment of creation. Now let’s define some words for you. Creation: A work is deemed created as soon as it is fixed. Fixed: A work is deemed fixed when it has been recorded in a tangible medium. Tangible medium: Defined as anything where the work is rendered permanent or semi-permanent. Examples include paper, audio tape or CD, hard disk recorder, etc.