Checklist Service

If it is a group (as opposed to a solo artist) releasing the production, and if the group has not already formalized its relationship by way of a partnership agreement, there should at least be a clear written agreement among the group members about how the finances of the project will be handled. Also, it is always a good idea to deal with the issue of the ownership of the group’s name as early in the group’s career as possible.

Distribution and promotion

Think ahead about how the production will be distributed, advertised, and promoted, and how much money will be needed to effectively market the production. Sometimes all (or almost all) of the budget for a project is spent on recording and manufacturing costs, and there is little or no money left to effectively advertise or promote the production.

Sampling clearances

If you are including any samples in your production, in some cases depending on the length and the recognisability of the samples you need to obtain sample clearances from the publisher of the musical composition being sampled and, separately, the original label that owns the master being sampled. Do this as early as possible, as there will be some instances in which either the publisher or label will not be willing to issue a license, or the licensing fee which they require may not be affordable.

Also, some duplicators will require you to sign a form stating that either you have not used any samples, or that if you have done so, you have obtained all necessary clearances. If there is any obvious sampling done, the duplicator may require you to show them the clearance documentation.

Producer agreement

If you are using an outside producer, there needs to be a producer agreement defining (among other things) how the various costs of the recording sessions will be handled, what advances (if any) will be paid to the producer, and what producer royalties will be paid to the producer. Just as in the case of the Work for Hire agreements mentioned above, do this before you go into the studio.

Credits

Make sure that the production credits listed in the liner notes for producers and others conform to any contractual requirements. For example, the producer agreement will often be very specific about how the producer’s credits are to be listed. For musicians performing on the production who are signed to a label, they will normally need to be credited as appearing “Courtesy Of” their label.

Permission forms

You need to consider the possible necessity of getting a liability release or permission form signed in any of the following scenarios if any of the artwork which you are going to use is owned by any third party or if any logos or trademarks owned by third parties appear in your artwork. There can be some tricky legal issues in this area, so be very careful here.

Copyright notices for songs

Be sure that the liner notes contain the correct copyright notices for all of the songs on the production, i.e., both for your original songs and any cover songs that you are using. Also, make sure that the song credits correctly state for each song the name of the song’s publisher and the publisher’s performing rights society (i.e.,BUMA STEMRA, BIEM, ASCAP, BMI, etc.).

Copyrighting your original material

Certain copyright applications need to be filed promptly for your production and for your own original creations. Use the appropriate copyright society forms for copyrighting the masters of the songs. You can download the copyright application forms (if you reside in the Netherlands) from the BUMA STEMRA website.

Registering your original songs with BUMA STEMRA

Assuming that the production contains one or more recordings that you have written, and assuming that you are affiliated with a copyright society or are in the course of becoming affiliated, you will need to file “title registration” forms for each of your original recordings appearing on the production. This will enable your rights society (i.e., BUMA STEMRA, BIEM, ASCAP or BMI) to monitor any use of your material.

Trademark notices / registrations

Be very sure that you have the legal right to use the group name and label name which you have chosen, and consider the advantages of filing trademark applications for those names. Also, make sure that your liner notes contain a proper trademark notice for the name of your group, and (if applicable) the name of your label. Information about trademark notices can be obtained at a trademark and patent office.

Obtaining ISRC codes

For information about ISRC codes, visit the NVPI (if you reside in the Netherlands) website.

Find possibilities for digital distribution

One of the current important ways of sale of your product is by way of digital exploitation.
Some respected download portals are Beatport, Audio Jelly, DJ Download, M-tunes, I-Tunes etcetera. Mostly it’s impossible to file just one track to the bigger sites separately. For instance Beatport is using a minimum income a month for companies and artists who want to become a member of this download society.

Hopefully, the above checklist will help to reduce, at least slightly, some of the stress and strain of putting out your own productions. The key, of course, is to think ahead as much as possible.

Some of the steps mentioned above, such as obtaining sampling clearances can take some time and a lack of planning can unnecessarily increase your costs and/or delay the release date.
By thinking ahead, the odds are much better that your production release will proceed smoothly and that, after the production release, you will be able to spend your time and budget effectively promoting the production, rather than having to spend time doing repair damage.

Feel free to contact ML-Advice for any of the above subjects or relating matters.