Q: I registered a song through the copyright office about a year ago, submitting a recording of me singing the melody along with the lyrics. Two weeks ago I hired someone to put music to the song. This was a work for hire and I have receipts. Now my question is when do you acknowledge a work for hire or do you? I mean if someone has paid upfront and outright for the services, then doesn't that person own the work? All parties knew up front and accepted payment understanding that this was a work for hire. I am just trying to forsee any potential problems before I promote the song to a few people.
A: The song totally belongs to you. Keep your receipts and all your notes. You can also get each person who works on the recording (musician(s), singer(s) and producer/engineer) to sign a ‘work for hire agreement’.
What you’ve done is fine, I would have
- registered, as you did, the lyrics & melody using the PA form and stating “Author of Words & Music”
- registered the suund recording using the SR form and stating “Author of Words, Music & Sound Recording’
A Work for Hire agreement states the person acknowledges they were paid for their performance on the ‘master’, and that they have not contributed to the ‘writing’ of the song, but to the extent that their contribution could be considered ‘writing’ they hereby waive all rights in perpetuity. Make sure you note the names of everyone who participated in the recording on your file, and that you have receipts/cancelled cheques from each of them.
I always give credit to the performers in my liner notes, etc
John Braheny’s “The Craft & The Business of Songwriting” is a good resource.
Songwriting Blog: http://theshysinger-songwriter.blogspot.com/
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