Copyrights & Royalties Information Center
Research & writing by Kite Giedraitis.
Editing & markup by Paul Novitski.
Last revised 29 November 2007.
We encourage additional contributors to this FAQ — please contact us.
Most marimba bands rely on other people to supply them with material. If your band is using someone else’s musical ideas to make money, then they are entitled to be compensated for your use of their creative property. You pay them something called mechanical royalties, because they involve a mechanical form of producing music (stereos playing CDs or cassettes, as opposed to a live performance). You pay them to the copyright holder for each song you record, who is usually the composer, or sometimes the arranger. Sometimes you pay that person’s music publisher instead.
Note that the copyright for a composition is different than the copyright for a sound recording of the composition. The actual performers own the latter, and could themselves collect royalties for certain uses of their CD.
It depends on which country you are based in, each country has its own laws. For recordings made in the U.S., the exact rate depends on how long your version of the song is. As of July 2007, the rate is 9.1 cents per song per unit, as long as your recording of that song no more than 5 minutes long. “Per unit” refers to the number of CDs or cassettes manufactured. So if you’ve made a run of 1000 CDs, the royalties on that run would come to $91 for that song. For songs over five minutes in length, the rate is based upon $.0175 (1.75 cents) per minute or fraction thereof as demonstrated below:
| 0:01 to 5:00 | = | $0.091 | |
| 5:01 to 6:00 | = | $0.105 | (6 × $.0175) |
| 6:01 to 7:00 | = | $0.1225 | (7 × $.0175) |
| 7:01 to 8:00 | = | $0.14 | (8 × $.0175) |
| 8:01 to 9:00 | = | $0.1575 | (9 × $.0175) |
| 9:01 to 10:00 | = | $0.175 | (10 × $.0175) |
For example, if you make a recording of a song that is six minutes and thirty-eight seconds in length (6:38) and then manufacture and distribute 500 CDs, the total amount of royalties due is $61.25. ($0.1225 × 500 units = $61.25).
If you make 1000 copies of a marimba CD with ten songs, each between 6 and 7 minutes long, the royalties would run to $1225.
The rate changes over the years; to see the current rates, go to the Harry Fox Agency and click on current statutory mechanical rate.
Canadian bands pay a different rate. As of July 2007, it’s 7.7 cents for a 5-minute song, and 1.54 cents for each additional minute (or fraction thereof):
| 0:01 to 5:00 | = | $0.077 |
| 5:01 to 6:00 | = | $0.0924 |
| 6:01 to 7:00 | = | $0.1078 |
| 7:01 to 8:00 | = | $0.1232 |
| 8:01 to 9:00 | = | $0.1386 |
| 9:01 to 10:00 | = | $0.154 |
To check the current rate, go to CMRRA.
In other countries, the royalty rate is not dependent on the song’s length, but is based on the retail price of the CD and the number of songs on that CD. In Australia, for example, the composer gets a 6.25% cut. So if a CD selling for $16 has 8 songs on it, the royalty rate for each song is $16 / 8 × 6.25% = 12.5 cents per unit. See below for more info on other countries.
The composer creates the basic melody, lyrics, chord progression, rhythm, anything that identifies the song. The arranger creates the unique touches that make that version of the song unique. Often, but not always, the composer & arranger are the same person.
In marimba music, the arranger is the one who creates the individual marimba parts (baritone, 1st soprano, etc.), and perhaps creates intros, breaks, etc. In practice, almost every marimba band arranges its own material somewhat, but rearranging someone else’s arrangement does not free you from the obligation to pay royalties, because you have still based your arrangement on another person’s musical ideas.
In the U.S., in general, the composer gets the royalties and the arranger gets nothing. However, if the song is traditional and the composer is unknown, or if the song is public domain, the arranger gets the full royalty. You don’t have to pay royalties when a traditional song is played in a traditional arrangement. This would be the case if you record a traditional mbira song on mbira. Since there is no traditional Shona marimba repertoire, this means that there is virtually no royalty-free marimba music, except for pieces your band has written or arranged themselves.
In the U.S., no, as long as the song has already been recorded and that recording has been released to the public. It’s called a compulsory license. The main condition is that the original recording must have been made with the copyright owner’s consent. The piece may be rearranged, but you can’t change the basic melody or fundamental character of the work. In addition, a Notice of Intention must be sent to the copyright owner once the CD is made. For more info, see Circular 73: Compulsory License for Making and Distributing Phonorecords [22 KB PDF] and http://www.copyright.gov/title37/201/37cfr201-18.html.
Canada does not have compulsory licensing and it is necessary to get permission from the composer/arranger before you can record their work.
Shona music has many intricate rhythms & melodies that can be easily misheard by western ears. With more advanced marimba pieces, less experienced bands may want to check with the composer/arranger (before recording!) to ensure that they are not unintentionally changing the piece for the worse.
Band members usually don’t pay each other royalties. So no, not unless another band wants to re-record it. If they do, they would pay you royalties. If you think that’s likely to happen, you may want to register your work with what’s called copyright registration.
(Even unregistered songs are still copyrighted; copyright registration just makes it easier to prove ownership of your song.)
You can do this in the U.S. by filing either a Form PA for a Work of Performing Arts [159 KB PDF] or a Form SR for a Sound Recording [201 KB PDF]. Form PA protects only the composition itself and not the actual recording/performance of it. Form SR protects both the composition and the recording. You might use form PA for your composition(s) if a) it is unreleased, and only demo recordings exist, or b) it has only been recorded by other bands. You will probably use form SR if you have just recorded a CD. For more info, see Circular 50: Copyright Registration for Musical Compositions [128 KB PDF] for PA and Circular 56: Copyright Registration for Sound Recordings [138 KB PDF] for SR.
In Canada, go to the Canadian Intellectual Property Office.
Again, no, not unless another band re-records it. In the U.S., if a song is over 95 years old, or it was published before 1923, or the composer died over 70 years ago, the song is in the public domain and is royalty-free. In Canada, a song becomes public domain 50 years after the composer’s death.
Again, no, not unless another band re-records it. But be sure that your arrangement is based directly on the mbira parts, and not on someone else’s marimba arrangement. Also, modern mbira players do compose new songs, make sure that the song is truly “traditional” (i.e. anonymous or public domain). Also, did your band sing any lyrics in your recording? Even if the song is traditional, the lyrics may be of recent origin, in which case you would owe full royalties to the lyricist.
For ways to determine a song’s origin, see How do we find out who composed or arranged a marimba song? below.
No, not as long as it’s truly “traditional” (see previous question).
The arranger and the lyricist split the royalties, usually 50-50.
If the song is a well-known cover like “In The Mood” or “Jamaica Farewell”, the easiest way to pay is through the Harry Fox Agency. You will have to register, and also pay an additional processing fee of $15 per song.
Canadians can use the Canadian Mechanical Rights Reproduction Agency.
For more obscure work that is not represented on these websites, you would normally contact, negotiate with, and pay the writer’s publishing company. For Zimbabwean music, there usually is no publisher and you have to contact the composer/arranger directly. If the composer or arranger is deceased, you need to pay their heirs (unless he/she passed away so long ago that the song is public domain).
Yes. You are still using someone else’s intellectual property for your own gain. For example, if you give a CD to a promoter or an event organizer, in order to get a gig, you are directly benefiting yourselves, even though no money has changed hands. If you give a CD to a newspaper or a website in hopes of getting a review, again there is a direct benefit to your band (favorable publicity). Even if you give a CD to a friend or relative, well, that’s a gift to a friend or a relative, it got you out of buying them something. Again there is a direct benefit to you. Remember, no-one’s forcing you to give them away, you’re choosing to do so.
Now if a box of your CDs gets destroyed by a leaky water pipe, no, you wouldn’t have to pay royalties on them. But just about any other way they get disposed of, there is a benefit to you, and an obligation to the composers/arrangers involved.
Yes, unless the copyright owner gives you permission to do otherwise. For example, you and he/she might agree to pay only on what’s been distributed so far (i.e., sold or given away), perhaps on a quarterly basis (i.e. you settle up every 3 months).
A database of marimba songs is currently under construction here at Dandemutande. For songs not listed, you can start by asking the person who taught your band the song. If he/she doesn’t know, he/she can ask the person who taught them (who may in turn have to ask the person who taught them, etc.)
You can also look up the song here at the Dandemutande song index and see how other marimba bands who have recorded the song have assigned the credits. You can also google the song. Finally, you can make inquiries with a posting on the Dandemutande listserve. Beware, sometimes two different songs will have the same title.
The best thing to do is to make inquiries when the band first learns the song, at the class/workshop/Zimfest. Obviously, professional marimba teachers have an obligation to learn the copyright details for every song they teach and pass this information along to their students, and they generally do. But copyright issues should also be addressed when songs are casually shared between bands (for example when marimba players show their bandmates songs from the repertoire of a band they used to be in).
If they aren’t listed here in Dandemutande, then you can google them, or make inquiries with a posting on Dandemutande. For western music, you can check with the Harry Fox Agency, ASCAP, BMI or SESAC.
Yes, you must credit the composer or arranger on the CD. You must also list the music publisher, if there is one. You must also list the performance rights organization. That’s the organization that collects royalties on public airplay of your CD for the composer. Common PROs are ASCAP, BMI, SESAC, SOCAN, and PRS. All this is usually done on the track listing. For example, “Skokiana (August Musarungwa - Gallo Music)” or “Chemwanyera (Dumisani A. Maraire, Owl’s Head Music, BMI)”. If there is both a composer and arranger involved, it’s nice to credit both. In addition, it’s courteous to offer to send them a copy of your CD. You might also want to share any information you have found with the marimba community, via Dandemutande.
To protect your own rights, you should put a copyright © notice, a phonogram Ⓟ notice, the year of publication, and your band’s name (for example “© Ⓟ 2007 Kushaura Marimba”) on the CD case, usually on the back. On the CD itself, put the same thing, along with “all rights reserved.” Also, you might want to register your CD, especially if your CD has original material on it (see question #5).
Not exactly. Big-time record companies have a lot of leverage over songwriters and musicians, and force them to accept lower rates, excluded units (“free goods”), and delayed payments (“returns”). They can do this because of the many unsigned bands eager to take any deal, even an unfavorable one. The same rule of the marketplace applies here. You are free to try to negotiate a lower rate or special terms, but the composer/arranger is also free to insist on the full rate.
In Australia, see APRA/AMCOS ‘Making Recordings’.
Other links: Australian Copyright Council (site not available at this writing but archived here), APRA, and AMCOS.
The royalty rate is based on the retail price of the CD (excluding GST) and the number of songs on that CD. The composer gets a 6.25% cut. For example, if a CD retailing for $16 has 8 songs on it, the royalty rate for each song is $16 / 8 × 6.25% = 12.5 cents. That’s per unit, for a run of 1000 CDs it would be $125 for each song.
A song becomes public domain 70 years after the composer’s death.
Australia does NOT have compulsory licensing, that is, you must get permission from the composer or arranger before you can record their work.
Australia does not have a copyright registration process.
In New Zealand, see APRA/AMCOS ‘Making / Importing Recordings’.
Other links: Copyright Council of New Zealand and APRA New Zealand.
The royalty rate is 5.6% of the retail price, excluding GST.
A song becomes public domain 50 years after the composer’s death.
New Zealand does NOT have compulsory licensing, that is, you must get permission from the composer or arranger before you can record their work.
New Zealand does not have a copyright registration process.
In the U.K., see the Mechanical Copyright Protection Society.
See Fact sheet P-04: Registering Copyright for coyright registration.
Other links: The UK Copyright Service — Intellectual property registration centre.
The royalty rate as of 2005 is 6.5% of the retail price.
The U.K. does NOT have compulsory licensing, that is, you must get permission from the composer or arranger before you can record their work.
A song becomes public domain 50 years after the composer’s death.
For Scandinavia and the Baltic countries, see the Nordic Copyright Bureau.
For Germany, see Gesellschaft für musikalische Aufführungs.
For other countries, see Wikipedia: List of copyright collection societies, or google the country’s name, plus the word copyright.
U.S. Copyright Office — Information Circulars and Factsheets (U.S.)
CMRRA Mechanical Licensing Brochure [358 Kb PDF] (Canada)
Canadian Intellectual Property Office: A Guide to Copyrights (Canada)
Harry Fox Agency Songfile (U.S.)
How Stuff Works: ‘How Music Royalties Work’ (U.S.)
How Stuff Works: ‘How Music Royalties Work’, How Stuff Works: ‘How Music Licensing Works’ (U.S.)
Free Advice: Intellectual Property — Music Law Center (U.S.)