How to Publish Your Own Songs

[Miss NWA Whoorider]

Songwriting Paperwork
by Gary M. Schuster

SELF-PUBLISHING
More and more these days, writers are trying to hold on to as much of the publishing rights in their songs as possible. This not only permits them to receive some of the publisher's share of royalties, but may also increase their control over the way their songs are used. But self-publishing involves trade-offs. On the down side, you may lack the contacts required for obtaining recordings and other uses, and you may be uncomfortable with licenses, negotiations, royalty calculations and lawsuits. Finally, the time you spend on business will cut into time you might better spend on songwriting. Self-publishing is not something that is always right for everyone.
Ultimately, some degree of self-publishing is desirable for almost everyone.
Furthermore, there is something to be said for going the route of traditional publishing, at least at the beginning. A good publisher who acts as a mentor and editor will help you refine your craft and make your work more commercial. Publishers with good contacts can get your songs onto albums of major artists and give your track record (and bank book) a large boost. They can also introduce you to talented and reputable collaborators, as well as producers, managers, attorneys and accountants. And simply by doing business with a publisher and acting responsibly, even if nothing comes of it, you may enhance your reputation in the industry.
Ultimately, however, some degree of self-publishing is probably desirable for almost everyone. There are least two forms this can take. In one, you are the sole publisher and assume all publishing responsibilities. Rather than do the work yourself, however, you would probably delegate to others such administrative tasks as copyright registration, licensing and accounting. These other people are known as administrators, and they are usually paid in one of two ways. First, you can hire them at a salary or some other kind of flat fee. This can obviously be quite expensive and is beyond the ability of most songwriters. The other way, probably more common, is for the administrator to receive a percentage of royalties, in the range of 10% to 25%. Many attorneys and accountants serve as administrators, and the Songwriters Guild offers this service to its members. There are also a number of administrators who are not attorneys or accountants but who formerly worked for large publishers and have struck out on their own. These people can frequently perform just as well as people whose names end with Esq. or CPA. With this kind of administration arrangement you maintain maximum control over your songs and still have time to devote to writing. The drawback is that administrators are generally not going to actively promote your catalog.
The other kind of self-publishing, which does not suffer from this drawback, is a co-publishing arrangement with a full-time publisher. Like an administrator, the co-publisher handles administration and receives a percentage of royalties. The co-publisher, however, is also equipped to promote the catalog for use in TV, film and similar outlets, increasing both its own and your income. The drawback in this kind of arrangement is that the co-publisher will probably want wide latitude in licensing the songs wherever possible, and may have the songs used in ways you might find distasteful. Nevertheless, it is probably safe to say that co-publishing has become the norm for writers with some degree of success, particularly those who also perform and have record deals. Publisher income is usually split 50-50, but if the writer has sufficient clout the split may be more favorable.
It should be noted that all types of publishers frequently enter into various kinds of sub-publishing deals with other publishers. For example, if the song you publish becomes a hit and you want to sell sheet music, you would not run out and buy a printing press. Instead you would go to one of the four or five major print publishers in the country and sub-contract the job to them. They already have the presses, as well as established marketing and distribution systems. They would pay you a royalty based on sales. Today very few publishers print their own music. Virtually all print publishing is done through this kind of sub-publishing.
In another area, U.S. publishers often make deals with publishers in foreign countries to collect royalties and further exploit the work in the local language (new recordings that result are referred to as "local covers"). Generally such a deal is available only where the songs involved have already had considerable success in the U.S. On the other hand, if your songs are very successful, foreign publishers may compete to represent you in their foreign markets. In order to promote songs and make deals, the worldwide publishing community attends MIDEM, a gathering held every February in Nice, France.
You can see that even if you act a sole publisher, by careful selection of administrators and sub-publishers you can achieve world-wide exploitation of your catalog, keep the bulk of the publisher's income, and still devote most of your time to writing. Probably, only the most successful songwriters have actually achieved this, but the goal is not unattainable.
Corporations
When starting your own publishing company, an initial question to ask is whether or not to incorporate. Under the law, a corporation is an entity separate and distinct from the people who own it (the shareholders). Just like a natural person, a corporation can buy, hold and sell property, enter into contracts, bring lawsuits to enforce those contracts, and also be sued. It has its own Federal tax identification number, somewhat like your Social Security number. But it does those things separate and apart from its individual shareholders. The property of the corporation is not the property of the shareholders, and the debts of the corporation are not the debts of the shareholders. This is one of the major advantages of the corporate form of business. If you own shares of a corporation and that corporation is successfully sued, only corporate funds can be used to pay the damages. Your house and car and savings are not at risk. Your losses are limited to your investment in the corporation. While that investment may be substantial, it is probably not everything you own. The corporation may lose all of its assets, but you won't.
It costs money to form and maintain a corporation. You must decide whether the benefits of doing business in the corporate form will be worth the expense. As mentioned, one of the major benefits is protection in the event of lawsuits. For music publishers, the primary legal risk is the claim of copyright infringement, that is, your song was stolen from someone else. If you feel that your work is extraordinarily original and infringement lawsuits are unlikely, then maybe you feel you don't need a corporation. On the other hand, if you "quote" from other people's songs, or use digital samples in your recordings without permission, then your legal risks may be higher. Also, the age of the songs could be a factor. Maybe your company is not for your new songs, but for your father's songs, which are 30 years old. Generally, songs that are 30 years old present a low risk, since any copyright infringement lawsuits would have been brought 30 years ago when the songs were first popular. There are many other factors that could go into a risk analysis of this kind. Probably the best advice is to seek the advice of an experienced entertainment attorney.
Corporations have other purposes besides insulation from lawsuits. They are used to raise large amounts of capital (money) that might be used for building a recording studio or purchasing touring equipment. They are used by performing groups to assure that the enterprise continues in the event of the death or departure of a member. And they are used for tax purposes.
This discussion will not go into how to set up a corporation. You now know several of the factors that go into deciding whether one may be useful. If some of these factors apply to you, you should discuss your situation fully with an experienced entertainment attorney.

[Miss NWA Whoorider]

The D.B.A.
If a corporation is not required, the form of company you wish to form is a sole proprietorship (legalese for "one owner"), also known as a D.B.A., which stands for "doing business as". It is merely yourself operating under a trade name. For example, Joe Songwriter, doing business as Really Terrific Music Company. The company is not a separate legal entity. It does not have a separate federal tax identification number; your Social Security number is used. The company's income is your income. Its debts are your debts. Its legal damages are your legal damages. You are completely exposed, but the company is easy to set up and maintain. Why, you ask, do you need to formally set up such a company at all? Because the law requires it, that's why. New York, where I practice, and many other jurisdictions require that people doing business under a name not their own register that fact with their county clerk. It's a method of consumer protection, by keeping track of who is doing business under what names, and it also helps the government collect taxes on unincorporated businesses. Following are the steps required to set up a D.B.A. in New York. Local laws and practices may vary, so you should check on these in your home state.
The first step is to contact either ASCAP, BMI or SESAC in order to clear a name. This means that they will make sure no one else is already using that name. The safest type of name would be using your own name, such as Joe Songwriter Music Company. But songwriters being creative people, they usually want something with a bit more flash. (Reading the names of people's publishing companies on album credits can be very entertaining.) The organizations will ask you for three names in order of preference, and then advise you which you may use.
Having cleared a name, you must obtain a D.B.A. form from a stationery store that carries legal forms. It is just a single sheet and probably costs a dollar or less. You should buy three. The form is very simple to fill out, asking only for your name and address and the name and address of your company. Once you have filled out all three, DO NOT SIGN THEM. Take them to a notary public and sign them only in his or her presence. Then you take all three copies to your county clerk. All three will be stamped with the official seal. One is kept there. One is for your files, and the other is for you to give to your performing rights organization when you register your company there.
Believe it or not, that is all there is to becoming a company. Once your D.B.A. is filed with the county clerk you are in business as far as the government in concerned. That means that come next tax season, you can expect to receive an Unincorporated Business Tax return!
Your last task is to register your company with your performing rights organization. ASCAP requires writers who publish their own works to form a separate company and have it registered. BMI will simply pay the writer the publisher share of royalties, and does not require a separate company or application.
Now Start Publishing!
Now that you are a publisher, you had better start publishing! That probably means issuing a mechanical license to a record company that wants to release a record with your song on it. Are you completely at a loss? Can't write a mechanical license? Can't afford an attorney? Can't find a willing administrator? Do not hyperventilate. A good place to go at this stage is The Harry Fox Agency, referred to back in Chapter One. Fox is a middleman, issuing licenses to record companies on behalf of music publishers. Fox has hundreds, if not thousands, of music publisher clients, and they are happy to work with the smallest. There is almost no negotiating to be done with respect to mechanical licenses, and Fox has a form that everyone in the industry is comfortable with. If you join Fox, Fox will issue the license and collect the royalites for you, charging you a 4 1/2% commission. As a small self-publisher, you may find the services of the Fox agency to be just what you need.

[Miss NWA Whoorider]

Songwriting Paperwork
by Gary M. Schuster

COLLABORATION

It has often been said that the combination of words and music in a song is like a marriage. It is also said that successful collaborators in songwriting are as close as a married couple. Songwriters may well spend more time with their collaborators than their spouses. And like any marriage, collaboration can be harmonious and fruitful, or frustrating and painful.
A work by two or more authors is presumed to be a "joint work", implying equal ownership and control.
While this may be true in any business partnership, it seems more so in the case of songwriting. Musical collaborators get together and stay together because they feel the same things, respond in the same ways, understand each other, encourage each other, and open up to each other in ways that plumbers and bankers and real estate agents never have to. Songwriting may be a business, but it is a highly emotional business. And of course, 99 times out of 100, the writers are writing about love (or lust). Because the emotional exposure is high, the risk of pain is high. A plumber dissatisfied with his partner's performance can walk away or throw him out without a moment's hesitation. When songwriters break up it can be very much like a divorce, with all the feelings of betrayal, disappointment, loss, wasted time and energy, confusion and doubt.
Many writers are caught unaware by the emotional intensity of a break up. A former soulmate is so cold, distant - so business-like! These writers forget that songwriting is a business. The same applies to relationships with musicians, producers, managers, attorneys and others in the business. People in the music business work together because they share emotions and understanding. But more often than not it is business, and not friendship, that truly lies at the bottom of the relationship. This is not to say that true friendship and more does not arise in many cases. It is saying that personal emotional safety is best preserved by maintaining an understanding that everyone is primarily engaged in a business.
The reply to that, of course, is that such an attitude leads to bland and lifeless songwriting. This may well be true. So, conduct yourself as you see fit, but at least enter your next collaboration with your eyes open, aware of the possible pitfalls.
In the same way that marital pre-nuptial agreements are generally unpopular, songwriting collaboration agreements, prior to the actual songwriting, are also unpopular. Many lawyers will sound dire warnings about this, predicting trouble and confusion and conflict, and will of course offer to draft a collaboration agreement. But it may be that the writers' gut feelings about this are correct. In a brand new relationship, how can you predict who will write most of the words, or most of the music, or what portions of each? Maybe all the business talk will inhibit the creative process. And maybe, by not addressing the subject, and allowing the normal rules to apply, the writers are taking the best approach to the subject.
In the absence of a specific agreement to the contrary, if two people work together to write a song it will most likely be presumed that the song is a joint work; that each person worked on both the words and music, and that they intend to equally co-own the song, control licensing and share in royalties.
Some people will very jealously guard their every contribution to a song and scientifically determine that they are entitled to, for example, 58.33% of a song (representing ‡ of the music and 2/3 of the lyrics). Most experienced songwriters would probably say that such people are overly obsessed with bean counting and lack the proper spirit for good collaboration. Simply agreeing to share everything 50-50, even if the actual contributions vary in particular instances, promotes good personal relations, simplifies doing business, and allows the writers to focus their attention on creative matters. As an example, Paul McCartney and John Lennon famously split all Beatles songs 50-50, even though it is readily apparent to a knowledgeable listener that some songs are pure Paul and some are pure John. Their putting aside bickering over percentages may well have contributed to their great creative achievements.

While pre-writing agreements may be unpopular, agreements entered into after the fact are fairly common. Having created something of potential value, the parties wish to establish their rights to it in a binding way. Maybe they need to settle an argument over each person's contribution. Maybe, after writing many songs together, they are splitting up and feel the need to establish exactly who owns what - much like a divorce settlement. Maybe they simply want to keep good records and avoid future confusion or conflict. Whatever the reason, the following is a short and simple agreement dividing a song right down the middle. This agreement assumes that the song will not immediately be assigned to a music publisher, but that the writers will act as publishers themselves, at least for the time being, each writer controlling their own undivided half of the song.

COLLABORATION AGREEMENT
Agreement dated ----------------------,
between Jane and Joe:
Jane and Joe have written a musical composition entitled "Song" (the "Composition"). Jane and Joe agree that they are equal co-authors of both the words and music of the Composition. The worldwide copyrights in and to the Composition, and any and all extensions and renewals thereof, shall be owned as follows:
Jane --- undivided 50%

Joe --- undivided 50%

The so-called "writer's share" of all royalties and other earnings derived from the Composition shall be apportioned and paid as follows:
Jane --- undivided 50%

Joe --- undivided 50%

The so-called "publisher's share" of all royalties and other earnings derived from the Composition shall be apportioned and paid as follows:
Jane --- undivided 50%

Joe --- undivided 50%

Jane and Joe shall each be entitled to administer their respective shares of the copyright in the Composition.

Either party shall be entitled to assign to any third party part or all of his or her respective interest in the Composition, provided such assigning party gives the other party prior written notice.
The composition is to be registered with the U.S. Copyright Office, ASCAP, BMI and/or SESAC, and other U.S. and foreign music agencies, in accordance with the provisions of this agreement.
_
_____________________
______________________
Jane Joe
--------------------------------------------------------------------------------
Here is an agreement for a situation where the song just isn't getting anywhere and the composer and lyricist want to take back their respective contributions to try again elsewhere. Basically, this dissolves the song.
DISSOLUTION AGREEMENT
Agreement dated ----------------------,
between Jane and Joe:
Jane has written the lyrics, and Joe has written the music, to a musical composition entitled "Song", registered with the U.S. Copyright Office on January 1, 1995, and assigned registration number PAu 12345 (the "Composition"). Jane and Joe hereby agree to dissolve the Composition and to take back full ownership of their respective contributions to the Composition. Specifically, after this date, Jane shall own one hundred (100%) percent of the lyrics of the Composition, including the title of the Composition, and the worldwide copyrights therein, and any and all extensions and renewals thereof, and Joe shall no have interest therein whatsoever; and Joe shall own one hundred (100%) percent of the music of the Composition, and the worldwide copyrights therein, and any and all extensions and renewals thereof, and Jane shall have no interest therein whatsoever.
Each party shall have the right to freely use, assign, sell, license, or otherwise dispose of his or her respective contribution without any obligation to the other. Each party hereby releases the other party from any and all obligation or liability with respect to the contribution of such party. All prior agreements or understandings between the parties with respect to the Composition are hereby terminated and/or superseded.

______________________ ______________
________ Jane Joe

------------------------------------------------
--------------------------------
Naturally, real life rarely presents situations as clear cut as those contemplated in the contracts set out above. In more complex situations, more complex contracts will be required, and you should probably retain the services of an experienced entertainment or copyright attorney.

[Miss NWA Whoorider]

So You Want to be a Song Writer?
Hundreds of you have sent me questions about song writing and breaking into the music business. Well, this section is dedicated to you. Continue to visit here and let me know what you would like to see or if there are things I should add. While a lot of you know me as a singer and performer, it may shock you to know that until 1996 I could not sing a lick. Yes it is true. Eight voice lessons from an excellent voice coach, Dr. Debra Kotulski, and continual practice got me here today. Oh yeah, and they said it couldn't be done o). I always wanted to sing but I couldn't. I just started singing because I wanted to record my songs. It was so hard to find serious singers without attitudes. I am truly a songwriter at heart.
Tip#1: If you want to be in the music business, I think the best place to start is songwriting.
So you want to know why. First, there is no better feeling of having someone like your recording of a song except when you wrote that song. Well, except hearing it on the radio. But, we'll get to that one later. Oh, except having the song receive a major award. But, I haven't gotten there yet either. OK, so you want to know how to suddenly transform yourself into a songwriter. Well, let me set down the rules.
Rule #1: I will not listen to anyone saying he/she cannot write or write well.
A lot of people think songs just fall on song writers. Well actually I feel like they do. But the difference is song writers have taught themselves to think a certain way and to be open to recognizing good song ideas. I know nature vs. nurture. For over thirteen years I have been writing songs. Now I can just be walking through the house and start singing a new song. I write it as fast as I can sing. But it takes a while to get to that point. You can learn to do anything with practice. I learned to sing. You can learn to write. All people have feelings. Put those feelings into words to which people can relate. So that would be my next tip. How do you learn to do this. OK, first I'm not suggesting that you actually start to write songs yet. You need to get a fresh notebook and notebook paper. No where it is at all times. Every time something in life really touches you, write it down. Keep it to one idea every two pages so you have room to expand. Just simply write out your feelings about that particular situation.
Rule #2: Keep an organized notebook of song ideas (anything that really touches you).
Organization of your thoughts is a very key point here. Try to tell the story in chronological order. Then, you should begin to look at the idea from all different sides. How did other people feel? How would certain people feel in that situation? How did you feel or will you feel about this subject at different points in your life? You can see this in my song "Born To Ride". It starts when he was a kid and goes to the current time. Notice how the song tells a lot in as few words as possible. It also includes the feelings of his father and mom. The chronological approach is also very evident in my song "Grandma's Song" aka "I'll Come See You Another Day". I'll add the lyrics to this one even though it will not be released until the second CD. Shhhh, don't tell anyone I told you:). The first verse tells about me not having time for my grandmother when I was a kid. I keep telling her, "I don't have time today. I'll come see you another day." The second verse tells about her passing on. I wanted to tell her I loved her. But, I guess I'll tell her another day. The third verse tells about her perspective. She tells me that god said to live life right so I can see my grandma another day. This says two things indirectly. One, I know my grandmother went to heaven. Two, it expresses a revelation I had in my life by writing the song. It is always nice to show or imply (not necessarily "tell") what you learned as a writer or what the main character learned. So remember these three tips about organizing your ideas.
Tip #1: Organize your thoughts in chronological order. Very rarely do people like to here a story from end to beginning. Although, flashback can be effective in song writing also.
Tip #2: View the moment from several different perspectives. Decide who's telling the story and who the story is about. It is important to weave other opinions or feelings into the story.
Tip #3: Try to include the lesson of the story. It could be what you learned or what the character(s) learned. You don't really have to come out and say it. Just imply it. More on this next.
I would also like to give another little tip here on the subjects of your songs. Write what you know. This may be things you experience, known other people to experience or would like to experience. Obviously, writing about your own experiences is easier to do at first. Take a look at my song, "I Can't Write A Love Song". This is a perfect example. I needed a love song for the CD. I'm not in love. So, I can't write a love song. Hey that's it. So I wrote the song in about fifteen minutes.
Rule #3: Write What you know.
OK, so you've got some good song ideas. Well, what do you do with them now? First, you should be learning an instrument or two while you are learning to write. I recommend piano or guitar. The piano is the best tool since you can play so many different parts. Although, I doubt you can carry it with you to demo songs. So, I would learn guitar also. Guitar is also a great tool for writing because it can be very basic. But, it can also allow you to play several parts. Oh, and for the love of pete and your loved ones, go take some voice lessons. Even your cat hates you:). Seriously, you can't always have a guitar either. So, you should be able to sing your songs without an instrument. Bottom line, you should be able to sing them with an instrument too. A good singer can make a song.
Rule #4: Learn about music and how to play at least one instrument.
OK, so you can sing and play piano, guitar, ukelele and kazoo. Let's talk about putting your thoughts into a song. You've learned that a picture paints a thousand words. OK, I'll buy that. Let's go ahead an apply quote number one.
Quote#1 (The Golden Rule of Song Writing): Words paint a thousand pictures.
The Steps of Writing the Song.
By this time, you have some really great notes on some true, heartfelt feelings. Let's talk about how to arrange those into a song. First, decide what the song is about. Write this at the top of the page and keep it in mind throughout the whole song. This theme should be evident to the listener all the way through even if it is building to a surprise or revealing ending.
Second, layout the structure of the song. We will get into specific song structures later. For now, know the normal song structure of the music you like. Stay with this structure. Let's not get artistic yet. We'll start basic with verse, chorus, verse chorus, instrumental, chorus, tag. This short structure will make you write more concisely.
Third, decide what each verse and chorus is about. I've already given you some ideas on writing verses in chronological order or from other people's perspectives. Start by writing down what each verse will say. We just want general ideas here. Make sure verse one sets up what the song is about. The chorus should solidify verse 1 and exhibit your hook which may be your title. In the second verse, tell the second part of the story (if chronological). Or, tell it from another character's perspective. The second chorus can be the same as the first or slightly different. The same goes for the third chorus. The tag usually repeats the last line of the chorus. It is great if this is the main theme of the song.
Fourth, now that you know what each part of the song is about. Go back and decide what each line is about. Let's just keep it to four line per section for now. Again, pack it in and keep it simple. Make sure it stays with the idea of that section and the whole song.
Fifth, put your thoughts into song. This is the hard part. Remember to say as much as you can in as few words possible. One of the best tips I can give you here is to just say what you mean. More than likely, you already have the exact words to your song written in each section. Many times, I can take my exact thoughts and put them to music. These are often the best because they are in simple plain english.
Sixth, continue to revisit the song and improve it. You may go through several versions or ideas. You might change it to a fast song or a funny song. Feel free to write several songs with the same name. You may also want to go back and add another verse or even a bridge. But most important, keep going back to make improvements.
Seventh, always be a student of song writing and music. Listen to your favorite writers words and determine why they are good. Determine what makes the song so popular. I listen to music constantly. I try to wrap all of my influences into whatever genre in which I am writing. I love country, blues and rock. I love to mix them.
Well, I hope I have helped you here. Keep writing and learning. I have one last tip for you. Remember the term "Music Business" includes the word "business".

[Miss NWA Whoorider]

Songwriting Paperwork
by Gary M. Schuster

COPYRIGHT
The word "copyright" concisely describes exactly what it is - the right to make copies. Some people mistakenly spell it "copywrite". This is understandable, given the identical pronunciation of "right" and "write", and the fact that writing is one of the kinds of creative work that is subject to copyright protection. However, "copywrite" is not a real word. "copy writing" is a real phrase, generally meaning the work of those people in ad agencies who write inspiring blurbs for selling soap. That writing can even be copyrighted. But to keep things straight, don't think about "writing". After all, paintings, sculpture, film and maps can also be copyrighted. Instead, think about "the right to make copies".
While the technology may change, an author's exclusive right to make copies remains the same.
A copyright is a monopoly. It gives the author of a work the exclusive right to use it, reproduce it, sell it, or authorize others to do those things. The fact that it is an exclusive right means that the copyright owner has the power to prevent others from using the work without his permission.

I have often found it useful, or at least interesting, to consider copyright in terms of advances in technology. When the first English copyright act was enacted in 1710, the only kind of copies that could be made were printed on paper. If you look back at the Songwriters View of the Music Industry, along the bottom, at the many kinds of ways music can be used, you can see many kinds of technology and consider how and when they were developed. We have progressed from simple paper copies to digital FTP transfers on the internet. The future will certainly bring even more kinds of copying. While the technology changes, the underlying concept of an author's exclusive right to make copies remains the same.

In the United States, the Constitution itself specifically addresses the matter of copyright. Our Founding Fathers considered it important enough to include in our national charter. I think it is worth quoting Article I, Section 8 in all its 18th-century elegance. Article I of the Constitution lays out all of the powers of Congress, and Section 8 says that Congress shall have the power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
That is the basis of Congress' power to enact copyright laws. And Congress was quick to do so, enacting the first law in 1790. But musical compositions were not considered to be "writings" within the meaning of the copyright law until 1831. And it was not until 1972 that record companies were able to copyright their own unique recordings of a composer's work. The copyright laws were revised most recently in 1976, with a number of amendments having been added in the years since. Generally, the 1976 law governs all works created on or after January 1, 1978, while works created before that date are governed by the previous law, enacted in 1909.
(Some irresistible digressions: the Discoveries by Inventors, referred to in Article I, ß8 refers to what we now call patents. Also, in its earliest days, America was a notorious copyright pirate. England and France used to complain to us about books and maps much as we now complain to Taiwan and China about CDs and videotapes.)
Copyright protects authorship, and that largely means originality. A writer is not an author if his writing is not original - if it is copied from someone else. Copyright prohibits copying. But it does not prohibit good faith independent duplication. If by some miracle a hermit who had never read a book sat down at a typewriter and came up with "gone with the wind" word for word, he could copyright that, because he did not copy it from Margaret Mitchell and it was original with him. The fact that another "gone with the wind" existed before is irrelevant.
(By contrast, if an Inventor in good faith independently duplicates someone else's Discovery, which is already patented, he will NOT be granted a patent, and he WILL be an infringer of the first Discovery. The fact that the Discovery existed before is extremely relevant.)
The purpose of copyright is spelled out right in the Constitution - To promote the Progress of Science and useful Arts. Writing is a useful art, beneficial to society, and is to be encouraged by means of an economic incentive - the exclusive right to make copies, presumably for purpose of sale.
While a copyright is a monopoly, it is a limited monopoly. That limit reflects a tension in the purposes of copyright law. One purpose is to reward authors for their work. But the greater purpose is to provide society with the benefits of authorship. Hence the limitation, which is spelled out in the Constitution - " for limited times". Copyright is of limited duration, and when it expires the work of authorship is said to fall into "the public domain". After that time, anyone can copy the work without the permission of, or any obligation to, the author or copyright owner.
The "bundle of rights"
It has long been said that a copyright is not a single right but actually a "bundle" of several rights. The Copyright Act now specifies the rights that are reserved for the exclusive use of the author:
the right to make copies of the work (such as copies of sheet music, or recordings, or to reproduce the work in a film or TV program) the right to prepare derivative works, that is, works derived from the copyrighted work. A recording is said to be derived from a musical composition. A music video or full length musical play may also be derived from a musical composition. the right to distribute copies of the work (apart from making those copies) by sale, rental, or other means.
the right to perform the work in public. This is the right exercised by ASCAP, BMI and SESAC on behalf of its members. the right to display the work in public. This generally applies to works of graphic arts, but one could imagine a musical application, such as an enlarged piece of sheet music

[Miss NWA Whoorider]

Duration of Copyright
Under the 1976 Copyright Act, copyright protection in a work begins at the moment of its creation. Creation means the moment the work is "fixed in a copy or phonorecord" - that is - written on a piece of paper, recorded onto a tape or computer disc, or otherwise transmuted from brainwaves in your head into something tangible that other people can see or hear. It is NOT necessary for you to send in a copyright registration form for copyright protection to attach. There are many good reasons to submit copyright registration forms, but your copyright will exist whether or not you do so. Copyright exists from the moment of creation.

How long does a copyright last? For works created now, protection lasts for 70 years beyond the death of the author, or, if there are more than one author, the death of the last surviving author. In shorthand, this is referred to as "life plus 70".

As with almost anything in the law, there are exceptions. If the author of a work is anonymous, or uses a pseudonym (phony name), the term of copyright will be 100 years from creation, or 75 years from publication, whichever is shorter. But, if the author discloses his true identity to the Copyright Office, Life Plus 70 will apply.

Another exception is works made "for hire." This is a very important concept dealt with in greater detail in the chapter on Contracts. (Go to "for hire" in the Contracts chapter.) For works made for hire, as with anonymous or pseudonymous works, the term is 100 years from creation, or 75 years from publication, whichever is shorter.

[Miss NWA Whoorider]

At this point the question arises: What is "publication"? This is also a very important concept in copyright law. It does NOT mean merely signing a contract with a publisher. Publication is defined as the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease or lending. A public performance of a work does not of itself constitute publication. As you can see, publication can occur without selling copies of the work. Merely giving away copies to the public in certain circumstances may suffice. This is important in the music field because "publication" of a song triggers the "compulsory licensing" provisions of the Copyright Act., dealt with in greater detail in the chapter on WHAT? Giving away copies of a song to a limited group of publishers or recording artists in an attempt to have the song recorded will not constitute publication. Nor is giving copies to a limited number of family members or friends.

Joint Works
Another copyright concept vital to songwriters is that of "joint works". Under the 1976 Copyright Act, a "joint work" is one prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole A song is plainly a joint work when the writers work together at the same time and in the same place on both words and music. A song is also a joint work when a writer creates lyrics, intending that the music be added later, even though at the time the lyrics are created the music is not yet written and the lyricist doesn't even know who the composer will be. The same is true for music written before lyrics. But if a poet had written a poem, intended only to be a free standing poem, and music is later added to make it into a song, then that song is not a joint work. The same is true for a musical composition intended to stand alone, to which lyrics are later added.

If the authors intended "that their contributions be merged into inseparable or interdependent parts of a unitary whole" and a joint work is created, then the rule is that all the authors own the entire product in equal shares, regardless of their particular contribution to it. It is not as if the lyricist owns only the words and the composer owns only the music. Instead, each owns half of an "undivided whole." It is as if there are two roommates sharing an apartment. It is not as if one person owns the bedroom and kitchen, and the other owns the bathroom and living room. Instead, each has an interest in one half of an "undivided" apartment. On the other hand, if the song is not a joint work, then the poet keeps a separate copyright in his words, and the composer keeps a separate copyright in his music. The "whole" is "divided". Each owns his contributions separately.
Under the copyright law, one owner of a joint work may issue a license to use the entire work without the consent of the co-owner, provided he properly shares the fees or royalties derived from the usage. In contrast, the owner of part of a non-joint work may license only the portion owned by him (i.e., the words) and cannot license the use of the part not owned by him (i.e., the music). Therefore, someone wishing to use a non-joint musical work (such as a record company) would need the permission of both composer and lyricist. If one person, such as the composer, refuses to issue a license, the lyrics alone are useless, and no record will be made. Thus, the rule on joint works greatly facilitates the making of records and other derivative works, even if sometimes particularly picky composers are annoyed at records being made that they would prefer not to have made. This is another instance of the tension between conflicting goals of copyright - the ownership rights of authors are limited by the needs of the public for more works of authorship.
The © and the P
While for most legal and business purposes a copyright is a copyright is a copyright, the U.S. Copyright Office has issued several different forms for registering different kinds of copyrightable works. There is the "va" form for works of visual art. There is the "tx" form for works of writing, or text. There are two forms of concern to songwriters. The first is the "pa" form, and it is used for musical works and songs. In copyright notices, this kind of copyright is signified by using the "c" in a circle: ©. The second copyright is known as the "sr" and covers a particular recording of the song. In copyright notices, this is signified by using the "p" in a circle: P.
View the PA Form - Requires Adobe Acrobat Reader
View the Short Form PA Form - Requires Adobe Acrobat Reader
View the SR Form - Requires Adobe Acrobat Reader
Generally, the PA is used by the songwriter and the music publisher. The SR is used by the record company or record producer, considered under copyright law to be the "author" of the "sound recording", which is now accepted to be a "writing" subject to copyright protection. To get a fuller sense of these two kinds of copyright, consider the following scenario.
Jane Songwriter is sitting in her tiny studio apartment surrounded by records, tapes, CDs, guitar, electronic keyboard with 17 instrument sounds and 23 rhythm tracks, and 4-track home recording gear. She writes a song and sings it into the recorder with some simple keyboard and rhythm backup. She knows she has to register the song for copyright protection, so she fills out a PA form and sends it to Washington, D.C. along with a cassette tape copy of the song. She also types the lyrics onto a piece of paper and sends that in too. One the tape and lyric sheet she writes "Copyright © 1997 Jane Songwriter".
Apart from putting the tape and lyric sheet in a desk drawer, never again to see the light of day, Jane has done all she can to protect the words and music she has written.
Now Jane makes copies of her song and sends it around to music publishers. One of them likes it enough to offer Jane a publishing contract, and after first carefully reading the chapter on Contracts below, she signs the song over to the publisher. The publisher asks Jane to re-write some small parts of the song, which she happily does, and when the revision are complete the publisher sends in its own PA form, naming Jane as author and itself as copyright claimant (i.e., owner).

Now the publisher sends the song to several recording artists and one of them likes it enough to want to put it on a record. The artist's record company hires a record producer, who uses a 48-track recording console and beefs up the song substantially with many musicians and back-up singers, and the song sounds much different than Jane's home-made 4-track recording. The record producer has added so much creative work to the song that the copyright law considers him to be entitled to a copyright on that work, the result of which is a sound recording. So the record producer's employer, the record company, submits an SR copyright form to protect - not the words and music - but the particular sound recording.

Now the song becomes quite a hit and it becomes such a hit that several other recording artists decide they want to record the song, and several other record companies hire several other record producers to create several new sound recordings. Some are jazzy and some are country and some are elevator music and some are hard rock. All those record companies file SR forms to protect their own sound recordings.

Nothing has happened to the PA copyright owned by Jane's music publisher. The publisher still owns that copyright. The publisher has simply licensed all those record companies to make records of the songs, each of which is a derivative work, derived from the song. And those derivative works generated a great deal of royalties. Jane moved to Malibu and lived happily ever after.