Some song writers are their own publishers and negotiate their own fees. Reduced rates may be given to local or regional groups at the writer’s discretion.
Artists recording songs without mechanical licenses are not only breaking the law, but they are taking financial risks. Wikipedia reports in the US copyright infringements penalties can be severe requiring “statutory damages of up to $150,000” for each work for which the copyright has been violated. The CMRRA web site warns of civil penalties and criminal prosecution. Product containing no license can be seized and anyone handling it (artists, distributors, wholesalers, retailers, etc.) are guilty of infringement. Reputable studios will not record songs for which artists cannot produce a mechanical.
A song is the song writer’s product. It belongs to that writer for their exclusive use until they record it or allow someone else to do so. Whether they write professionally or as a hobby, song writing can be both a source of income and an expense to the writer. Many think there is very little expense involved. After all, what is required but a piece of paper and something with which to write? That is where they are wrong. The song writer needs instrument or someone with instruments. If they wish to pitch songs to people they can’t meet with for face-to-face, they need a recording. This necessitates purchasing studio recording equipment or hiring a studio. Prior to recording, there may have been the expense of having a professional track done for a song. Prices can start around $85 US for this and climb, depending on the studio hired. If the song writer doesn’t sing, then there is the expense of a vocalist on top of studio time.
Some writers sing and travel to share their songs, honing and perfecting them, hoping artists will hear the songs and want to record them. Some travel to events such as the National Quartet Convention to pitch songs, or at the very least have the expense of CDs, envelopes, postage, the internet, etc. to pitch songs. At the moment, it costs me in excess of $8 just for postage for every CD I send to the US. It is an expensive proposition and many of us spend thousands of dollars over the years, some because they are hoping for a song that will chart, others because the love they Lord and want to use their talents for Him, or a combination of both. The cost of a song to a writer is far greater than the cost of a sheet of paper and a pencil.
When an artist fails to pay for a mechanical license, the writer loses that income, but it goes beyond that. An unlicensed song is not registered with ASCAP, BMI, SOCAN or any such agency so the writer is also cheated out of any royalty income from air play.
I strongly believe there are spiritual repercussions as well for artists who break the law and cheat writers by not acquiring mechanicals, either out of a lack of knowledge or deliberately. Many excuse it because they are doing the Lord’s work. You wouldn’t excuse the theft of a Bible from a Christian bookstore by a person who only intended to use it to read Scripture in church. In fact, you would probably think it worse because the person using it to do the Lord’s work should know better! God’s Word adjures us to help others and to be honest people. Paying for mechanicals helps support the writer so they can continue to work for the Lord. Beyond income, it is an encouragement to the writer to know others value what they do. I think it is of spiritual value to the artist as well to have done what is right so they remain right before the Lord.
Artists stand before congregations and audiences as witnesses for the Lord. We can’t expect the Lord to fully bless ministries based on deceit and theft. Standing clean before the Lord in this area of your ministry, knowing you have done what is right in the eyes of the Lord, will be a blessing to you. You will know you have pleased God and He will bless you for it. You will stand with a clear conscience not only before God on this matter, but before the audiences you are trying to encourage and win for Him. |
