| Mechanical Royalties and Licenses |
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| Posted by Administrator | |
| Tuesday, 04 September 2007 | |
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Mechanical licenses are the rights granted by the copyright owner or
publisher to reproduce songs for public distribution. Money paid by record
companies to manufacture and sell records is called mechanical royalties.
Mechanical royalties are paid to the publisher who pays the songwriter
accordingly. Mechanical royalties are typically determined by multiplying the mechanical
rate by the number of tracks on each record or CD that is sold.
Mechanical royalty payments are typically not reliant on the record label
recouping their expenses from recording, producing or marketing the record like
royalties
from sales.
Compulsory Mechanical Licenses were introduced as part of the Copyright Act
of 1909 and allow anyone to reproduce a previously recorded work as long the
copyright holder is notified, provided monthly royalty statements and paid the
royalty rate set by law, called a statutory rate or stat rate. What this means
is that you can record a cover version of a song without explicit permission of
the copyright holder as long as the song has already been recorded and
distributed, you don’t substantially change the song’s lyrics or music, and you
comply with the licensing and reporting requirements. As of January 1, 2006 the
statutory rate is 9.10 cents for a composition five minutes or less in length,
or 1.75 cents per minute, rounded up, for songs over 5 minutes, per copy.
Record companies often negotiate down mechanical royalties from the
statutory rate, for example, 75% of statutory rate. See recording
contracts for more information.
A record with 12 tracks on it and a negotiated mechanical rate of 75% of
stat ($.0.06825) that sells 50,000 copies would generate $ 40,950 in mechanical
royalties (12 tracks X $.06825 X 50,000 sold copies) that the record company
would pay to the publisher.
The Harry Fox Agency
is the primary mechanical rights administration organization in the
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| Last Updated ( Monday, 28 April 2008 ) |
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