[Dixielandjazz] arrangement copyrights
TCASHWIGG at aol.com
TCASHWIGG at aol.com
Tue Sep 21 10:28:00 PDT 2004
Hi Folks:
In reality:
You can actually copyright anything your send them a check for, nothing will
ever happen unless you get a hit recording with lots of traceable airplay and
somebody actually checks it out to see who should or should not be screwed out
of the royalties.
They drop your paperwork in a file cabinet or possibly the circular bin next
to their desk and cash the check.
Same thing goes for the Wonderful Harry Fox Agency, my recommendation is
don't send any of them any money up front, make them earn what they get if in fact
they should ever be entitled to get anything.
Go do a goggle search for Books:
Find buy and read a book called:
"Just For the Record" By Shad O'Shay
Creative Counterpoint Studios/ Publishing
Cincinnati, Ohio.
It will change your idea forever about trying to play with ASCAP, BMI, HARRY
FOX, and the Library of Congress. Get the real truth from a guy who has been
there and fought with all of them in the publishing/recording business. And
paid more wasted money to Philadelphia lawyers than most of you will ever make
in a lifetime of work in the music business.
Unless you are already a multi millionaire and need large tax write-offs, and
you have lots of visible assets to attach and lots of money to hire lawyers
to talk to other lawyers, until you get smart enough to stop shelling out the
money.
For the most part if some smart lawyer sees you are trying to make a living
as a songwriter, arranger, they will run the other direction laughing because
they know you will almost never have any money. You have about the same
chances of winning the big lottery, however there is a difference, they will
actually pay you for winning the lottery, minus the tax money of course.
At the current average rate of about $250.00 per letter, no lawyer with any
brains is going to pursue some wanna be songwriter, much less come to Timbuktu
and file a lawsuit against you for making and trying to sell five hundred CDs.
If I seem to be belaboring this issue folks, it is simply because I have been
there and done that and participated in arrests and lawsuits with the FBI,
RIAA, BMI, ASCAP, and won and never got a nickel for my troubles, and I also
paid the legal fees and expenses for my own lawyer. RIAA took all the glory from
the win after I came up with a strategy to actually win the case when the
judge refused to even give the Copyright Lawyers the time of day and refused to
even consider reading the 750 pages of fine print in the Copyright law
revisions book they use as a Bible, that absolutely no one understands.
It was great press coverage for the RIAA to try and scare off others
interested in going into the illegal manufacturing and distribution business, however
it turned out to be mostly BS and a way to spend a lot of money for their
staff and lawyers to travel from New York to Chicago and act like they were doing
some major bust.
The major International Record label EMI distributor from New York was a co
plaintiff with my company against these folks that we caught duplicating our
products and selling them worldwide. EMI would not even bother to participate
and support their distributor because they knew they would never get any money
from the deal, so why bother wasting attorneys fees and expenses to pursue it.
Just a bit of Free Advise, which must be what you want if your asking on this
list rather than spending $350.00 an hour to talk to an entertainment lawyer,
who should be kind enough to cash your check for $350.00 and tell you the
same thing, unless of course they are just part of the system and want to milk
you for several thousand dollars in consulting fees as well.
I have known some wealthy folks who fancied themselves songwriters who
actually had lawyers on retainers to handle their publishing, and after 40 years of
never having a song recorded or sold to anyone they gave up the business.
I actually had two of them once offer to pay me to record their songs just so
they could say they had some success in the business, one fellow finally died
and his lawyer had all his file cabinets full of his "compositions" hauled
off to the dumps and sent a bill to his estate for disposal of them.
Cheers,
Tom Wiggins
PS don't answer any of those classified adds seeking songwriters, poets, and
lyric writers for Nashville recording artists either. Buy or steal a copy of
the book I mentioned above and read it from a guy who spent his life IN the
Real Business not going to seminars on HOW to Make it in Show Business and
writing a book to sell to others who did not attend the seminar.
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