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GENERAL FAQ
So What is MoreThanMozart anyway?
Purchase and Download sheet music or sell your charts or CD's and become a part of the network of string composers, arrangers, recording artists, teachers, students and performers while connecting to each other thru photos, videos, blogs and events.
More Than Mozart online music distribution site was started in the interest of sharing over 20 years of arrangements and original music used “on the job” at weddings, private functions, in concert and at schools. Confident that there were others like myself, the concept grew to include anyone else who might also have a library of audio art to share or sell. Hand in hand with this was the implementation of a worldwide community network of alternative string enthusiasts. With your help, together we will leave a legacy of ongoing resources about non-classical string music for future generations of students and professionals to come! We hope you will be interested in being a part of More Than Mozart where you are in charge of your musical destiny!
How Do I Sign Up?
As simple as pressing the create an account link in the upper right hand corner of every page and follow the directions. No fee of any kind ever!
Can Anyone Sign Up?
But of course!
How Do I begin selling my music related product on MTM?
Our Goal at MTM is to distribute your musical creations to interested buyers and pay you the purchase price minus a small percentage. A simple process will enable your work to be seen, purchased, downloaded or shipped to potentially millions of interested performers, teachers, students and hobbyists around the world! The Process:
After publishing and or copywriting your original work you simply follow the instructions on the sell your music page. YOU NEED FULL PERMISSION TO DO THIS!
· You must own the copyright for the sound recordings or have the authority or permission from the owner(s).
· If you didn't write the song/composition, that's OK, but you must find out who the copyright owners are, and pay the publisher their mechanical royalties the same way you would for CDs sold, but based on your download/sales activity.
· Only traditional models - only the mainstream business models: selling downloads, streaming subscription, ringtones, kiosks, etc- with guaranteed fixed minimum payments. If a new company comes along with a different business model, you will NOT be included.
· If you have samples in your music, they must all be legally cleared and paid-for. No “mix tapes” of other people's music, even if you are mixing in your own music.
· It's VERY important you have all rights and permission! Files distributed on the internet are watched very carefully by lawyers. You can't just “get away with it”. Do everything thoroughly and legit.
· If you have cover songs (artist performing someone else's songs) on your CD, please make sure you read the answer to the next few questions, too.
You have two options. Handle it yourself, or have an agency like RightsFlow or Harry Fox help you acquire the proper mechanical licenses.
Please note that the below is not official legal advice, it is ONLY for the U.S.A., we are not your lawyers, and you should always contact your attorney before entering into any contract such as a license.
If you have recorded a cover version of someone else's song, and you plan to make that recording available over the Internet, the following information applies to you.
You must follow these steps BEFORE you make your recording available for distribution to the public!
If you record a cover version of a song, (meaning your performance of a song that has been released in the U.S. with consent of the copyright owner), you are entitled by law to release your recording commercially, and the owner of the copyright to the song cannot prevent you from doing so.
The Copyright Act provides for what is called a “Compulsory License” for downloads and CD sales, which means that if you follow the steps set forth by statute, you can distribute your recording of that song on a CD or over the internet. This Compulsory License is only available for sales in the United States. Other uses of masters, such as streaming, conditional downloads, and the like, are not subject to a Compulsory License. A separate license from the publisher is needed in those cases.
The following details the procedure for individuals to obtain a compulsory license to digitally distribute cover songs over the Internet to end users in the United States:
Identify the Copyright Owner - the publisher
The first step is to identify the owner(s) of the copyright to the song. The publisher. The easiest way to do this is to search the song writer/publisher databases, here: · BMI
· ASCAP
· SESAC
Keep in mind that the owner of these rights is typically a publisher, and that the owner of the rights in the song is not the same as the owner of the rights to any particular recording of the song. In other words, Record Labels are almost never the owners of the copyright to the musical composition - they typically own only sound recordings. You should be looking for the name of a publisher (or in some cases an individual).
Be careful to identify the exact song you want, as there are many songs with the same names. If you cannot find the owner through these websites, search the records of the Copyright Office online.
If you cannot find the copyright holder(s) after a thorough search, you can send the letter to the Copyright Office, along with a small filing fee, currently $12.00. See the Copyright Office website for the proper address and current filing fees if you are going to be sending the letter of intent to them.
Instructions on how to do that are on “Circular 73” from the U.S. Copyright Office, in a PDF file, here. WE STRONGLY RECOMMEND DOWNLOADING AND READING THIS FILE, because it carries the essence of this entire article.
Send a Letter of Intent - EXACTLY like this:
You must send one letter for each song for which you seek a compulsory license 30 days before you begin distribution of your downloads. The letter must be sent by registered or certified mail and contain the following: 1. a clear subject line/title that says “Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords”
2. your full legal name
3. all fictitious/assumed names (stage name, band name) used
4. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)
5. your fiscal year (usually January 1st - December 31st)
6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region
7. the title of the song
8. name(s) of the author(s) of that song
9. the type of configuration expecting to be made (a music file distributed over the Internet is called a “Digital Phonorecord Delivery” (DPD))
10. the expected first date of distribution
11. the name of the performer/band doing the cover
12. your signature.
If there is more than one publisher listed, sending a letter to one of them is sufficient for the compulsory mechanical license; however, if one or more of the copyright holders is not from the United States, it is best to send the notice to all copyright holders.
Send Royalty Statements and Pay Royalties
Once you begin distributing the song over the Internet, you must send monthly statements of royalties on or before the 20th of each month, and pay the royalties. The monthly statement must be sent by registered or certified mail and include:
1. a clear title that says “Monthly Statement of Account Under Compulsory License for Making and Distributing Phonorecords”
2. the period (month and year) covered by the statement
3. your full legal name
4. all fictitious/assumed names (stage name, band name) used
5. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)
6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region
7. the title of the song
8. name(s) of the author(s) of that song
9. the name of the performer/band doing the cover
10. the playing time (length) of your recording of the song (minutes:seconds)
11. the number of DPDs made, i.e. how many times your recording was downloaded
12. the number of DPDs that were never delivered due to a failed transmission
13. the number of DPDs that were retransmitted in order to complete/replace an incomplete/failed delivery
14. the total royalty payable (number of total DPDs, not counting ones never delivered multiplied by the statutory royalty rate (see below))
15. the following statement: “I certify that I have examined this Monthly Statement of Account and that all statements of fact contained herein are true, complete, and correct to the best of my knowledge, information, and belief, and are made in good faith”
16. your signature
You must also send an Annual Statement of Account at the end of each calendar year, which is virtually identical in content to the Monthly Statements, but must be certified by a licensed Certified Public Accountant (CPA).
Statutory Royalty Rates
The current (2006) statutory rate for royalties is 9.1¢ for every copy sold if the playing time for the song is under five minutes. If the playing time for the song is longer than five minutes, the rate is 1.75¢ per minute, rounding up to the next minute.
· under 5 minutes = 9.1¢ per copy
· 5 to 5:59 minutes = 10.5¢ per copy (6 minutes x 1.75¢)
· 6 to 6:59 minutes = 12.25¢ per copy (7 minutes x 1.75¢)
· 7 to 7:59 minutes = 14¢ per copy (8 minutes x 1.75¢)
· etc.
The Copyright Office always keeps the most up-to-date information concerning statutory royalty rates here.
IMPORTANT Notes:
The publisher may tell you that they don't deal with compulsories, and that you should contact the Harry Fox Agency. Though the Harry Fox Agency can handle mechanical licenses for DPDs for most publishers, you still have right to obtain a compulsory license by following the directions, above. Remember the law is on your side. You are entitled to a compulsory license by law. You have permission - (a compulsory license) - as soon as you send the notice, described above, to the proper publisher.
As long as your notice complies with Copyright Section 115, (described above), the publisher need do nothing other than receive the royalty payments. You don't even need to wait for their reply.
Other Notes:
You may be able to negotiate a better deal for yourself, either with lower royalty rates or less frequent statements of account. If terms are negotiated which deviate from the standard Section 115 then a mechanical license will be issued by the publisher or HFA. If you wish to distribute physical copies (e.g., CDs) of a cover song, you must obtain a similar compulsory license, available for most songs through RightsFlow or Harry Fox.
For more information on compulsory licenses for all forms of distribution, please refer to the Copyright Office's web site, atcopyright.gov, and contact your attorney.
Helpful publications available through the Copyright Office include Circular 73 (Compulsory License for Making and Distributing Phonographs), Circular 75 (The Licensing Division of the Copyright Office), and M-200 (Checklists under Section 115 of Title 17).
If you have been distributing a cover song without a compulsory license or an agreement with the copyright owner, you are ineligible to obtain a compulsory license for that recording (!), and you may be subject to civil and/or criminal penalties for copyright infringement.
Be careful to follow the steps exactly as described above, in order to be legal.
Download and print/save these files:
· How to Investigate the Copyright Status of a Work
· Compulsory License For Making and Distributing Phonorecords
· Notice of intention to obtain a compulsory license
· Royalties and statements of account under compulsory license
· Checklists of Required Information
· Mechanical Copyright Royalty Rates
These and more available at the U.S. Copyright Office website: copyright.gov.
Experts that can help you:
Since this part of music is business and law, (not art), nobody listed below can help you for free, but all have offered their expert services at musician-friendly rates to help you with this topic. · C. Christopher Clark, Esq.
Shumaker, Loop & Kendrick, LLP 128 S. Tryon Street, Suite 1800 Charlotte, North Carolina 28202 (704) 945-2152 This e-mail address is being protected from spambots. You need JavaScript enabled to view it · Richard D. Rose - Attorney
9 Music Square South, 3700 Nashville, TN 37203 615-330-7673 This e-mail address is being protected from spambots. You need JavaScript enabled to view it · Joyce Dollinger
Dollinger, Gonski & Grossman One Old Country Road, Suite 102 P.O. Box 9010 Carle Place, New York 11514-9010 (516)747-1010 This e-mail address is being protected from spambots. You need JavaScript enabled to view it A cover song is your recording of a song that you didn't write
... assuming that song had previously been released in the USA ... with consent of the copyright owner (the songwriter/publisher) Examples: You recording your version of a Bob Dylan or Cole Porter song, or a song you have to pay the publisher (copyright owner) to create copies of.
· A song you wrote
· A song you co-wrote with someone
· A song someone gave you permission to record and release, but has never been recorded and released before.
· An old song that is now in public domain (like classical music or songs before 1923)
· An old traditional song (like Ave Maria or Amazing Grace)
· A song you don't have to pay to create copies of.
The publisher is the owner of the copyright to a song (The song, not the recording. Just the words and music. Melody, harmony, lyrics.).
If you or a songwriter you know has never signed away their publishing rights to a publishing deal, then the songwriter IS the publisher.
Don't get this word confused with a sheet music publisher or CD manufacturer. It has nothing to do with that. In this case “publisher” just means “copyright owner of the song itself”.
ASCAP, BMI, SESAC, Harry Fox, SOCAN - are NOT publishers!
ASCAP, BMI and SESAC are three companies in America that collect the broadcast (“performing rights”) money for songwriters, so they can get paid for their music being used on radio and TV broadcasts. We don't need to know if a song is ASCAP or BMI. They don't matter here.
It's usually listed in the album credits in the original (or cover) version of a song.
Example: go to ascap.com and type “Purple Rain” (with NO quotes!) in the search box, change the check box to say “Titles”, and click [search]. In this case, the song “Purple Rain” has two co-publishers: Controversy Music c/o Universal Music Publishing Group - and W B Music Corp c/o Warner Bros Inc
NOTE: We're forcing you to find these for your own good! We didn't NEED to be so strict about this.
· The contract you signed said you had taken care of all of this already AND gotten permission from the publisher!
· ... but we realized a lot of people didn't actually get permission first, so we're trying to help keep you out of trouble.
· The copyright police might not break down your door and stop you from burning a CD of you singing “Purple Rain”, but they will find you much easier and even sue you if you released your version of “Purple Rain” without sending notice to Controversy Music c/o Universal Music Publishing Group - and W B Music Corp c/o Warner Bros Inc - and paying your 9.1 cents per copy sold.
Talk to a lawyer about sample clearance, but do NOT sign up for digital distribution until you've paid the copyright owner for permission, or else some mean nasty lawyers will sue you.
If you haven’t already secured the mechanical licenses for the songs it might be a little bit of work (but no more than writing your liner notes) — but that the work of securing those mechanical licenses is absolutely necessary.
SoundExchange collects royalties from satellite and internet radio and pays artists when their music is played. We partner with them periodically to allow them to track down artists to whom they owe money (but we do not act as middleman for those royalty payments). If they owe you money, they'll contact you directly so you can set up an account and get paid.
You need two different permissions for CD sales and digital sales. You can go to RightsFlow to get the DPDs (the mechanical licenses for digital sales). For more information, check out the info listed under “How can I sell an album that has cover songs?” above.
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