The lawyer mentioned here is the amazing Dina LaPolt. See her great TED talk “Standing Up For Songwriters” here. (Don’t give up in the first 8 minutes. It gets REALLY good and ends on top.)

It seems to me the best number of priorities is just one.

Love it. Having a bias towards action is so important.

Hesitation prevents us from acting fully. ☺

I guess all would be ok provided you kept all the paper work to prove that you had tried to contact the copyright owner of the works.

Initially I was quite surprised at the lawyers advice, but after a little more thought I think that's good, sound advice. Afterall, the song would have to be a mega-hit for anyone to want royalties and then their effort might not be worth their time.

we need to hear this once every often, until the pure joy of things we'd ended up doing right drowns out the fear and feeble-mindedness

This reminds me of the saying, "it's better to ask for forgiveness than permission."

Seth Godin mention something similar in one of his TED talks (I believe...maybe a book)--you have 2 choices to start your career: wait to be chosen, or simply start.

For a better sense of security, most choose to wait to be chosen rather than start on their own.

Have you ever had an experience where you waited to be chosen--maybe as a musician? How did that change your direction?

FYI, www.easysonglicensing.com! When I released my cover of a Don Henley song last year, I was disappointed to find that NONE of his music is licensable through Harry Fox. I was able to get it cleared through Easy Song Licensing instead!

Great words of wisdom to all of the kings and queens of procrastination, myself included, stop stalling and keep it moving forward!

I wonder whether you have double checked this legal opinion with more than one lawyer?

Oh yes, all this excuses. Some of them we really believe in.
Never stop, just push harder and go for it. :) This is the only way how to make a difference in the world.
No one said, well let's wait until the Russian's figure it out how to go to the moon. :)

Ha, this reminds me of a word from friend on digital publishing:

"Upload now, deal with DCA later".

Great reminder that it's ok to "don't ask for permission, beg for forgiveness". Thanks for sharing!

Wow - wasn't expecting that! But, on reflection, it's perfect advice. Thanks again Derek. Corey

Nice article & great information for us all

Nice article & great information for us all

Hi derek,
Thanks

I share on facebook

Best Regards
Jan

you dont need permission to record and sell anyones song since they get mechanicals and songwriting royalties. thats my understanding anyway.

It happened to me..I did a nice song with a friend of mine..using a little sample..but we re not able to have permission..so the song is still unreleased..

Great insight Derek,

I agree, one should not wait to put their product or service out in the market. If one waits too long, someone else might put it first. Besides people have priorities and your work may not be on top of their priority list. Why should it be?

Regards
Harish

Derek,
So simple and to the point. It seems that we get in our own way more than anyone else, so thanks for the reminder today. Always appreciate your writing!

Brilliant. Timely. And timeless!

I agree with the lawyer. I'd do the same. You're better off to succeed and be sued than to never succeed at all

It is easier to ask for forgiveness than permission. In my personal experience action is usually the right thing to do, assuming that you do not act emotionally and think first.

So you say stealing from a colleague is good advice? Couldn't agree less. This is what makes the creative industry sick. I don't like where this is going..

In The Netherlands you can always release a cover without permission. You won’t get any of the publishing

Derek, I love your words, your simplicity and getting to the core of things. It's a great reminder not to get too tangled in second-guessing. Thank you!
Maggie

If you are thinking about contending pictures for a front cover for the book the 'Now Clock' should be considered:)

I Love It!!! My kind of lawyer.

Copyright laws are not as strict as they used to be because of internet downloads and permission to sample.

Recording a cover is actually more publicity for a songg, and no one will care unless it makes big money.The worse that could happen then is a law suit, which would be affordable at that time and even more publicity for the song.

To hear that no response to a request is no reason to wait is great.I will be sure to keep my request information on file.

Thank you for keeping us informed.

Derek, that is so helpful. Thank you for boiling it down. Like that. It reminds me of the old marine saying, “it’s easier to ask for forgiveness than permission”, and a particularly memorable fortune cookie, “fortune favours the bold”.

Something to keep in mind, I always thought about it that way, just go until you are stopped.

This is spot on, Derek. I don’t think anything would get done if everyone would wait for a permission. In my field that works as a competitive advantage even... because worst case scenario is never as bad as one’s mind would fret about.

That's all very well. But how do you know what kind of a bill you're going to get when they do eventually sock you for the money? Publisher's seem to vary ion the percentages they charge...or is there a fixed royalty rate for, say, a song?

I use CDBaby and I'd like to license a few songs that I have interpreted in my own way...but put off by 'pay in advance' offer through CD Baby.

Great advice that defintly is a surprise
Thanks for sharing

Thanks for the reassurance Derek, I'll probably frame this for my business partner who's freaking out about copyrights even when sharing Youtube videos on our site... :D

It always comes down to Kairos (καιρός) an Ancient Greek word meaning the right, critical, or opportune moment.
If we don't seize it, it will seize us.
As for copyright establishment and thus it's various deformities, I hope it gets replaced with something more optimal and relating to trust building rather than bickering over the original maker. Everything came out of the copy/paste method and the infinite transformation thereafter, it is a linear chain rather than a triangle.

Thank you Derek for always sharing with us. You are so right on. Raj and I were lucky when we did our CD Jazz Cat that we got ahold of the artists who penned the ones we chose for our project. We had to pay $75 to each of the publishing companies which was a good deal we though. That was for 1000 CDs. Thanks for all you do...Good Dad in so many ways
Mega Respect,
Diana

I think that was good advice. I have had that happen to me 3 times and I kept back my collections because I could not get the clearance. It was a mistake.

When in doubt default to action.

Take a step, is a key part to this message. We can easily identify what it is that we wish for, but often get stuck in the how to achieve this. Do not seek perfection in the plan - i.e the copyright clearance letter, do as the lawyer suggests move forward with best intentions. This is the best method of getting any where near fulfilling your wishes and dreams. Or as the Chinese proverb or is it native American ? :) Every journey begins with one small step. Peter.

I've read how starving artists, despite having copyrights for their artwork, still mega-corporation steals them and profited a lot from their art/designs, etc. I worry about lawsuit. What laws protect artistes if they forge ahead without the paperwork?

Thank you for sharing this. Wondering whether a slight correction is required in the following sentence.

"It was a reminder that your career more important than its details.". Should this be "It was a reminder that your career is more important than its details"?

Thank you for your great advice.

Interesting piece of advice.

Kind of reminded me of the part in Anything You Want where formalities breed on fear.

I agree! And I just love her advice! Sidebar...correct me if I am wrong, but, under the compulsory mechanical licensing law aren’t you allowed to commercially release a song that has already been commercially released (first use) as long as you pay the publishers the statutory rate (which I believe is currently 9.1 cents @ sale and however you do that with streaming now) and send them a notice to obtain a mechanical license? And, heck yes, keep that money in escrow if you can not locate the publishers. Thanks for your posts, Derek!

Thanks for this post, Derik. And I still need to dig into your article about cultivating email lists. Appreciate it.

Hi Derek,

I like it! Procrastination is a dream killer and saps performance that could have otherwise got us over the line. Sometimes its just great to hear it from an out of town voice.

Concise and to the point! Love it.
I wrote a song for a Hallmark Movie.
6 years out 100’s of millions have heard it on TV Movie
“ Call Me Mrs Miracle”
ASCAP has given me an annual ck with a listing of international
air play listing scores of countries.
I have never received a check for domestic air play.
I could use the dough.
Rhett Palmer
Radio guy in Vero Beach Florida
[email protected]

I heard something like that a long time ago. If you independently decide to do your own version of someone else's big song, then do it. But be ready to pay if the song ends up doing really well. Thanks for the reminder, Derek.

Hi, Derek!

I love this, so much, but maybe a warning about the difference between a cover song and unauthorized sampling? The former isn't a big deal (the publisher will be happy when they finally call to collect if the cover is a hit) but the latter can wreck your career.

Miss you!

Chris

Like the idea and sort of agree, but wouldn't that put the rightful owners in a very lucrative position? They could almost ask for whatever they'd like, and if they wont pay, it's an easy lawsuit?

Hm..

If it's good enough, you'll get the attention/response. Great advice. Thanks for sharing it!

This is so simple yet so profound! Yes, this can be applied to many facets of life. Many times our momentum get stalled on the details. It’s key to drive though those road bumps. In this example, as long as you show that you made an effort to do the right thing, you can deal with the details later.

I really like this. Can’t wait for your book!

interesting good to just carry on . I wrote a song Santa Rode a Harley I checked the copyright with Harly Davidson in usa and got advice on it but I recorded the ph conversations just in case something went wrong not that our Christmas song has made santas top of the hits

As an anecdote, I think I was actually unknowingly following this advice luckily when I started freelancing on the side, especially in regards to tax implications. I almost didn't take on a couple projects because I was going to have to pay a friend to do them but didn't want to figure out 1099s and what not.

I ended up doing it anyway, and after meeting with my accountant this past week, I realized I'm likely going to pay a penalty. Sucky, but penalty is a small % on the money I made not only on that short-term project, but because I just kept going I've been able to build up enough business to give me the confidence to do my own thing full time this next month!

Message needed and heeded. thank you.

Eek. Well, that sounds nice and romantic, but you're assuming that everyone will just be okay with you paying them a royalty at some later date. I don't think everyone is that nice.

Wow! This is an eye opener, I always wait for approval even for the smallest things. I did however, take things into my own hands last week and guess what? My boss was happy and I felt great!

Yesterday is history
Tomorrow is a mystery
Today is a gift!
That’s why it’s called the present ;)

I am a strong believer in protecting intellectual property - especially in a digital world. wondering where others stand?

God is good. Wow, this article is going on the wall of my studio.

Thanks Derek

PS. Please keep the articles coming

Pastor Rev Tina Redden

The individual tried to do it right. A for the Gallant effort and that makes all the world difference

That’s really good advice for that situation. I’m not sure I agree that you constantly should be acting now. I think that I see a lot of people following that advice that end up acting way before they’re actually ready.. just the type of people who have the best homepage and business cards and want to release an album when they really really would need a whole lot more work on the songwriting, playing tight, stage presence, vocal training and so on. They’re more or less too eager about the success part to be able to create a a “product” with any potential at all.

I rarely respond. I do this time because It struck me that you just keep doing this. For years. Why?

I love this. It goes for everything in life

amen..i recently won contest in san francisco with my "janis Joplin"Painting.Female Painters are on "back of bus" so i work 24/7 taking chances!! I have writing published in 4 different newspapers right this second in two different states..i take chances.

its all bout how much ya want da cookies

Fire, Aim, Ready

Not sure if I'd agree with the lawyer on that. Some one could record your song and pretend they tried to contact the writer. The likely chance of the writer ever knowing their song was recorded is very slim, unless it became a smash hit, which is unlikely to happen by a indie artist. Therefore the writer will never get any royalties for record sales or airplay, because he can not record the artist name as performer with his PRO.

Most excellent advice.

Focus is worth a lot but execution trumps all.

I freaking LOVE you Derek :)

Thank you -- eternally and infinitely grateful for YOU and your work

Much love
Kevin

I think that it’s a really good statement, action is the most important thing.

Good advice! The time is now.
By the way, since the implementation of the “compulsory” license, you no longer need permission. Just send the request with your payment and you are good to go.

Thanks!yes!

Love this!!!! Hope people get the boost I got from this.

This is precious. A few people stand as an integral proof of what they believe in rather than what is perceived as "right" by the world. #Learn the rules to break the rules! Thank you Derek sir.

Many of these comments seem to miss the “try first and document” before proceeding. But it is true that publishers tend to be loosey-goosey about it. If they discover an unlicensed cover they will track you down and send a threatening letter if they think it’s worth their time. As long as you say that you tried and failed AND IMMEDIATELY PAY WHAT YOU OWE, they will be satisfied. The most likely time this will happen is if a writer changes publishers or representation who are eager to prove to their client that they can produce missing revenue.

I so agree with all the lawyer said, I spent most of my time trying to convince artists that they do not need anyone’s permission to go ahead all they have to do is start and it’s ok to do so

It seems to me that there is a belief among artists that you have to wait until someone other than yourself tells you it’s ok to start - I say start and you will be so far ahead of everyone else who is waiting to be told

The command is simple do it it’s ok you have permission

I've heard other copyright lawyers say this as well. Great lesson.

If they come at you with a law suit after time can they get paid retroactively? Interest plus possible years of royalties?

I have many songs of my own on foreign labels recorded with my own band. I have never received any royalties from them. I've made every effort to contact them with no response. Is it now my right to reissue those recordings on my own label?

This came at the right time. I am having issues about my co writers to finalize signing to a publisher for soon to be released singles. I have the copyrights so we covered the correct practices. I, acting as publisher, have spent significant time and money exploiting the music.
I will contact my attorney and officially reach out, but these previously released copyrighted songs, will be part of a record deal and we'll not hide or try to cheat; we will simply close when they came to the table. Your messages are always good. Thank you.
Paul Drago - JOJOKID Music.

I linked this to my facebook page. (If that's not cool, let me know and I'll remove it.) I just think it's something everyone should have access to. Thanks!

Great point, Derek. I have violated this tenet many times unfortunately. 2 years back I recorded few songs with two top Bollywood singers. But I am waiting to release them since I want to make a video first. Actually I did make a video (Spending substantial money) but it sucked so...I am now waiting. This year my goal is to release at least one song video.

YES. I needed this today. Thanks, Derek!

Thank you for this inspiration Derek!
I love songwriting. I also know if there is a cover song others can relate to with a twist to make it my own it peeks interest to my singer/ songwriter originals.
Take care my friend

Thanks for sharing this, Derek. These words have extra meaning today as we found out that a dear coach of our kids (whom they love very much) has Stage 4 Stomach Cancer. Thank you.

Nice to Hear, Legalities can screw up career momentum!

as a long time pro photographer who regularly has images stolen i'm dismayed at your advice here. you are basically saying that it's ok for someone to steal one of my copyrighted photos and use until i happen to catch them? you are telling people to break copyright laws. you should know better and so should that so called copyright lawyer.

www.lelandbobe.com

For the last 2 days I have had the same quotation pop up from different sources that I think applies here...

"Whatever you can do or dream you can, begin it. Boldness has genius, power, and magic in it." -Sometimes attributed to Goethe

I am surprised at her comment. It is up to the publisher to get back to someone’s request, but I wonder how hard this person tried. I can’t believe they would not be someone there who would want to collect!

That has always been my policy. Good to have it affirmed.

I love the clock...the time is now.

Good information - thank you!

Thank you for this. Inspiring. Reminds me not to be such a pussy.

Awesome article Derek; you know how to sling ink! Here's our latest production; please tell us what you think...
https://www.youtube.com/watch?v=fmxru6it_n8

Hi Derek. I found the Never Wait article very concise, to the point & topical for anyone who has or is recording copyrighted music for their own career advancement. This information could be useful to any musician who has just embarked on a first recording project. The important thing is to have documentation that every reasonable effort was made to contact the publisher(s) before releasing the recording.

Thanks for your well written, timely & informative articles.

Sound advise to follow. Thank you for posting.

Never a truer image sent. I've wasted too much time "thinking" about what to do vs. doing what needs to done.

Thanks, Derek. Keep up the good work!

Couldn't agree more! I tried MANY unsuccessful attempts at reaching a well known artist for their permission. So just went ahead and recorded. All good! (and the royalties might buy a cup of coffee :) But what the hey. It's something;)

Feedback:

It didn't occur to me (or to you, I guess) that some people would ignore the early part of "try to pay what you owe, try to contact the publisher"

I learn yet again that many adults don't have reading comprehension.

Good morning Derek! That's very interesting. We are working on new material right now and are working our hardest to "get it out there...!"

Thanks Derek, for the "timely" encouragement. Only thing is, in my case, no partners, no backers, no grants, no cash, very little equipment, no engineer, a great voice, lots of great songs, already many approaching completion on tape. Lots of professional credits, tho being older I'm not part of any group or band of like-minded people. My stuff is above-average, and produced correctly could ignite the zeitgeist. Tho I've made strategic errors in the past, I really am one-in -a million and I will never give up. Help me and we can help others too! Be well. Mr. Melody™

Now that was all I needed to hear! Thanks for he tip Derek!

I agree with the lawyer!

lol love it! Great advice!

Great piece! Action is everything.
Thanks!

I've been following your lead. And step by step I am getting ahead. Just invested 1/3 of my annual income into guest artists. Getting up the ladder of success thanks to cdbaby that you left us. Aloha

‘Mr Jones looked at me, said to me:
Don’t worry about it.
Just do what you do,
and do it good.’ - B W

In a sea of crap; these posts, emails, and blogs are a breath of fresh air. Thank you for all the work you do Derek.

From a lawyer, the comment is to be expected and I suppose practically speaking true. That being said, if all that was attempted was direct contact with the publisher and then giving up that's a pretty feeble effort. There's the Harry Fox Agency and even better is Loudr, who pride themselves on virtually never failing to obtain permission.

The only obstacle I ever found was with a Townes Van Zandt song that apparently had three different "owners". I believe it was an ongoing fight over the estate.

Great clock!

Timely encouragement - I've been working at the "details" of a workshop I plan to use as the opening act to my new business. Baked or half-baked "...if not now, then when?" - Hillel

"Success is your top priority" - mulling over the complexity of that statement. It does imply that I've defined "success" for myself; that I've considered the interplay of "success" in the professional arena and the personal arena; that my definition rests on the firm footing of examined values.

Armored with clarity, I "never let anything stop.." me.

My Gremlin does slow me down at times though.

Thanks, Derek.

To Sean at #100 -

Is it reading comprehension or that we read into things what we want to "hear"?
Thanks for the laugh☺

Great suggestion. How long can you wait for someone. You are not priority to the other person. Take responsibility.

Loved this Derek. Thanks for sharing.

This one is hard for me. I admit, I’m generally onboard with the ‘rules were made to be broken’ philosophy. I’m not missing the message. I just am having a hard time with this example. I agree totally. Success is your top priority – but where is the line? When does my permission (if it was my work) become irrelevant? I am not a lawyer, but I am a creator and I’ve spent the majority of my life working in the music industry (for labels and as an artist) so I have experienced both sides. You never know what is going on behind the scenes that could delay the approval process…an exclusive deal being negotiated, a terminally ill family member, the writer or their estate just not wanting to deal with business, or just plain old paperwork overload and a poor administration system. Publishers can sometimes clear it themselves but other times they need permission from all the writers. If you can’t get approval, maybe you should respect that, shelve it and try creating something of your own? You are an artist too. As I understand the message of this article - don’t let a ‘no’ stop you – create something great of your own.

Referring to the NOW clock, Alan Watts has an fascinating point that he explains what time is and how it is only a social thing we humans invented. For example, animals have no clue what time is. Same goes for the past and future. Basically saying we are always living in the "internal now" Highly recommend if anyone is interested.

Love it! Great example and I think wise words. It's a simple precise story that packs a punch.

Peace.

Great advice. Classic.
Often I read that doing is more important than (thinking too much) and doing. The real advice is to DO your best anyway.

always own your own stuff!

I thought you don't necessarily need permission to cover a song as long as you pay for xx number of physical, digital, or streams of the song and keep track of that, as well as (of course) giving credit to the writer & publisher of the song.

Really love the clock image you put in Derek!

P.s. We've emailed back and forth a number of times so I wanted to let you know that I'm not some new guy - Just that I made a new email for the company I started a few years back.

It's now the best way to reach me. Wanted to also compliment you on the spacing of your writing.

If you're still in New Zealand I'd be happy to send you a sample of Upgraded Magnesium and if you have time, hear a few thoughts as well.

Barton

Love the spirit of this idea. Reminds me of Johnny Cash and his journey to success. "Blaze YOUR trail". "Ask for forgiveness, not permission". I'd bet some of the greatest success stories from Arnold Schwarzenegger, Tony Robbins, Clint Eastwood, Tim Ferris, etc, emphasize this.

hey derek,

great piece.

this sentence reads funny though;

"It was a reminder that your career more important than its details. "

cheers,
sean

Very powerful article. Timeless advice on the 'now'.

Thank you, as always!

In these litigious(?)times, it could lead to many days in court and attorney expense, but sometimes we have to jump in and take our chances. However,Tom Petty sued John Smith for just a few bars of a song. Carmen

Potent blip! Inspiring and not too long! I appreciate it and will apply the advise, as I have a great album and now the burden of knowing that virtually NOBODY will know of it unless I MARKET it NOW. Don't know why I did not realize sooner that I'd be in this position. The post is a bit scary from the reverse angle: if someone were to simply take my material and record it without having obtained permission from me (the publisher)...on the advice of a high-powered attorney..hmm. but i assume your piece was about a giant corporate publisher...and i assume the lawyer would not have given the same advice if the artist was attempting to get permission from someone as currently "small time" as myself. --Ben

I almost feel silly commenting and saying this is fantastic, because I'm starting to feel redundant. But alas it is and I'll say it again - thanks to you, Derek!

Perfect timing. Thank you for that! Love to be reminded of my priorities since I’m one of those people that can get caught on the less significant details in an effort to do things totally legally.

Perfect timing. Thank you for that!

I think it's a great mindset to work with. The only pushback I have is that the "Now" works well when it's one thing. When you have 20 things the "now" needs to come into context of what makes the biggest impact. Nothing works in isolation of context but I do agree with the mindset of it. I hope I make sense!

I like that person!!! As usual, its easier to get forgiveness than permission.

Exactly right. How many creative projects have stalled in the muck of Lack of Response from some 'alleged' holder of rights? Go ahead and do it -and settle up later. Do not be intimidated. Congratulations to this attorney who wasn't afraid to advise this.

Great stuff.

True. Thanks.

Very surprising approach.

I try and live my life that way (Never let anything stop you) but having so many pans on the stove someone I love sometimes get burned along the way

Really enjoyed the story
Maximum impact, minimum time
Would love to read a book full of anecdotes like these!

Damn thats interesting, but i guess if your intentions are true then that will speak for itself on tbe end.

So what about if a person threatens to sign a contract on your behalf without permission?

This is gold. It pertains to so many things.

For #137 Sonia, who asks about someone threatening to sign a contract in your name:

Society uses contracts to maintain social trust, ease the gears, and prevent people taking the law into their own hands (as in, say, using what they individually think is appropriate violence)

As it happens, the Japanese, with greater conformity and social trust, feel it's OK to disregard a contract that no longer benefits both parties, although they are aware of our fetish against "breaking" a contract.

If some evil person falsely signs for you, well, there is nothing sacred about paper. Hence a verbal contract is legally binding. What society looks for is intent.

Which brings us back to the lawyer's focus on intention that you "tried your best."

Derek:I count it a blessings if my music gets enough attention to warrant a lawsuit.

I dig this. It’s a nice lesson. in that particular situation you might regret a move like that. When I teach copyright, I always draw a parallel to physical property. You couldn’t say “I tired to contact the owner of the bike. They never answered, so I took it. I have prof that I asked.”

Anyway, I always dislike negative comments like this on threads. Just giving my two cents. Don’t wanna be that guy. Derek, thank you for the serious wealth of knowledge that you have shared for so many years. Only warmth and peace. -elijah

It’s indeed True & the most practical advice

Ray Kroc said, "Business is war."
This advice from the lawyer seems to fit that philosophy. Armies don't ask their adversaries for an admission ticket :)

Right on!!

Great advice. Momentum is so important to anything creative - birthing, building, refining, and then releasing and especially marketing. If you allow hurdles and setbacks to stop you along the way, the entire thing can easily get totally derailed.

I also love Gordon's comment #6 about - "it's better to ask for forgiveness than permission." So true.

Good advice

Oh man. While I understand where she's coming from with this, as a professional songwriter and artist advocate, I'm hesitant to whole heartedly agree.

In these modern times, our intellectual property rights have all but evaporated, and many people don't even know they need permission to record and release a song, much less a video.

If someone releases my previously unreleased song using this mantra, there could be a big problem. Especially if it's on hold for a big artist whose cuts pay my bills.

Even more reason to keep close to the vest with unreleased material knowing that this advice is floating around.

All in the perspective, I guess. Thanks, Derek.

PS. I saw one of your readers worried about their potential bill from the publisher.

In the United States, there is a compulsory license that allows you to record and release any previously released song as long as you file a NOI (notice of intent) to the Copyright Office and pay the statutory royalty of 9.1 cents per unit sold.

That's for physical units sold, and for downloads.

So if you sell 1000 units, your total bill to the songwriters and publishers would only be $91 not including any third party fees (usually around $15 per license.)

More where that came from at Songpreneurs.com. xo

Yeah you right. The only time publishers will come after you for money is if you're making a lot, in which case you won't worry about sharing it!

We can always find an excuse to NOT go forward, to not live up to our potential, to not start or do what we truly want. Or we can find a reason to do it. The choice is ours. Plus most of the time, if you do "fear-setting" in some form, you will find out that even the absolute worst case scenario is not reason enough to not try.

Again I got the strength as usual. It made me think of my paper, I am preparing for my Phd. and I usually think that I should wait for my teacher's permit to move next step on. Now I am not thinking of it. I would write my next paper which has on my mind for long time. Thank you Sivers again.

now is good

Thanks for this. I'm in the middle of making a decision to move forward with an idea right now, and I'm taking it. Your article serves to reinforce my decision.

What are we waiting for? So simple and yet so difficult. Love the clock.

Love this concept. It is one thing to read this, another to implement and live by this. Thanks for sharing!

Thank you very much for that information. The publisher will hate that the person did not get permission. Money talks a little louder with some people, so when the checks roll in a smile may come on the publisher's face. We have a old saying wait broke down the wagon. Waiting for better this better that usually does not come with dreams and goals. Now, I do believe in being prepared before I jump in the water.

Better to ask forgiveness than permission, right? But make sure you have the evidence (emails, phone log, letter) that you made your best effort. Then its more likely that a judge would say - hey its on you Mr. Publisher.

I see a lot of artists wait because things aren't perfect. Don't wait. Move forward. Do the best you can and always be improving. But don't wait.

Exactly: create, distribute, and discuss percentages when they exist beyond theory.

This is true but hard to let go because of some inherent bias inside us which seeks approval for every action.

Amit

Hello Derek, Thanks for keeping in touch. Sorry not to have replied sooner; but presently I'm receiiving health services for an infected leg (possibly diabetes). The good news is I won't lose my leg.

however, I've temporarily cancelled gigs (including an offer for a book tour acrpss the States in promotion of my first book (I Used To Be Colooured, But Now I'm Black). The stories (all true) about my travels worldwide; (including my experiences in Doha Qatar during 9/11; and other stuff. Anyway, thanks for giving me this platform.
I ain't done yet (submitting a play to CBC for possible broadcast. Also, my vocal tutorial may be published online. Not bad for a little old lady.

In closing, you are an inspiration. Keep going. June Harris, member MPM (Musicians Union); SOCAN and other stuff.

I would not do this...it can't be that hard to find the songwriter/owner on Facebook and make contact. Best to show some courtesy and at least make one attempt to do the right thing.

Especially a conscience. There are two questions here, one moral and one legal. You got the legal opinion, now what is the moral answer? You don't own it, someone else made it and it belongs to them. Just because an attorney said you have a legal defense doesn't make it right. When we turn over our morality in to what we can get away with, well look at the world around you, that is what we get.
I suggest you don't wait, go reflect on yourself in some deep thought and then consider what is right first before you ask an attorney anything.

this also follows the informal rule of: act now, apologize later.

Badvel ele& nf

Spot on...Exactly so.

I truly believe she is right as I have never had to wait for my career. I kept on going forward until I saw my vision materialize before my eyes!

I am in the Spanish Music with my own Orchestra.

Sincerely,

Cassielg


2/22/2018

I like it. Direct and without ambiguity. Thanks.

Bill

Entertainment industry lawyer? pfft...scum.
Intellectual property law is a means to control minds and suppress information.
Copyright & Patent are the tools of TYRANNY!

Nice!

That is so monumentally stupid it is beyond belief. Did she somehow miss the DUAL loss that the members of the Verve and their music company suffered at the hands of first Jagger and Richards and then shortly after from Andrew Loog Oldham?

Here's your takeaway on what that can result in

"In the end, the Verve lost all control of their biggest hit. It was used in a Nike commercial against their wishes, earning them no money and crushing their sense of artistic integrity. "I'm still sick about it," Ashcroft said in later years. The final insult came when "Bittersweet Symphony" was nominated for a "Best Song" Grammy – with Mick Jagger and Keith Richards named on the ballot."

The problem with that advice is that it's not always about money. Someone owns that song and to copy it and sell it as your own is fraud. I work in advertising and we are just not allowed to do that. You could always say if the song doesn't hit it big they won't care enough to sue you for it. But the bottom line is you're still stealing someone else's work.

When it comes to a lawsuit down the road, who really wins? The songwriter? The artist? No!

That advice benefits lawyers more than anyone else, increasing the chance of litigation.

Am I to understand, it the right to sell something you COPY.? Well, I agree totally about procastination,about you OWN WORK. But I understand laws are intended to PROTECT individual for their "initiative and creativity". Without it who would spend YEARS creating something only to be COPIED and sold by others. And that will be the "normal" ...greed/money. I never thought of copying anyone work,I do learned from others and "create" my own, maybe, I believed in what Oprah said, We have our OWN UNIQUE path, so COPYING is not UNIQUE,to me, it just easy path to money. Georgie, MS, ND. I do agree 110% , do not procrastination on MOVING on your own path and serve the "world".

Totally agree, in any business - just go for it. We often shipped products that were not yet ready. People who wait or strive for perfection are in danger of not getting out of the starting blocks.

I agree!!! Time flies - and especially in the music business. You have to seize every opportunity you can! No time better than the present to move forward and go for it!

If an uncleared song (or a song with an uncleared sample) doesn't chart or make money then there will typically be no back lash. BUT if it makes money then they will come knocking - that is for sure. They even come knocking for songs that have been cleared or are original (or allege to be). To wit Bruno Mars "Uptown Funk". Some of the claims against that tune are legit and for a blockbuster song you bet people are gonna stand in line for a piece of the action. But if the tune tanks then no one is gonna fire up the legal team as that requires a significant amount.

Just beware that any song that gets even relatively big is going to probably attract attention from people claiming infringement or co-authorship. I knew a studio engineer who went after an artist by claiming that he suggested how a single word should be sung in a song and was therefore entitled to co-authorship. It was a regional novelty hit for a local sports team. I don't know what happened but the engineer didn't spring into action until the sports team licensed it for a few seasons.

Way back in 75 or so I distinctly recall Bowie commenting about James Brown's "Hot (I need to be loved)" which was pretty much a direct rip of "Fame". Bowie said something along the lines of if it charts then he might consider some legal action but if not then leave it be. So what the attorney is suggesting does not appear to be that far off base.
It seems I've failed to make clear that this article was not about copyright, but just a metaphor. — Derek

This isn't really that stunning, in terms of advice, given that (in the U.S. at least) anyone can cover a song and release it without permission. It's a compulsory licensing system. You have to follow the rule set forth in the law, but you do not need permission of the original artist to record and release a cover.

To Derek Silvers at #176: I thought it was nice the way you did story first, thesis second, but I guess that's just me.

Feedback:
If you wanted to make your piece excruciatingly clear, then you would have a trade-off of losing some elegance, losing some fun, and losing my patience. Then again, maybe you have to do so.

You might, maybe, start out with your thesis (boring to me, but clear)
Saying: Today I want to talk about the need to keep going on your career, etc, and then saying Here's an experience that reinforces what I'm saying (Start piece) and use the whole original thing, keeping the whole ending for the sake of people who need reinforcement of your message, because they won't scroll back up to see it for themselves.

I sure do like learning about communication and human nature from your readers, by seeing how they read.
☺ Thanks Crawlford! — Derek

It's always a good idea to talk to a professional about something that you are working on, building, gardening, music, or whatever. Most will gladly help you and glad that you asked. Also, it will save heartache.

Hello Derek,
just Derek. People like us don't need to use overly formal last names. Besides, it's safer that way.

It's me again, responding to your comment for #178.
Tre amusante. (Canadian for very amusing)

It took me a while to get your joke! But I did! (Happily, I read this stuff more than once)

thank you

What's the point?
This story is not really one that most readers can relate to. At least not where I'm 'coming from'. Its based on a reality that 'we the people' don't live in. In this instance they are missing, a key piece of our 'reality'. That piece ... Consequences. In this case, their actions don't have any. Proceed without following proper procedure n when that catches up with you then you can just follow at that point.. no problem! No Consequences! Right? Wrong! Not in My World! If you n I, as regular folk, were to try this, to record n distribute music that has been copy-written without the express permission of the publisher I am more than reasonably certain, we would land, most of us, in court...and eventually out of money!

I have had the same dilemma and I said screw it and never contacted anyone. I just threw a cover up on my bandcamp page. people have downloaded it and paid for it. (it is name your price.)
It's a cover of imagine dragons song believer and it's at https://cellojoe.bandcamp.com/track/believer-imagine-dragons-beatbox-cello-cover

zero copyright complaints from publishers so far! haha
3 people have downloaded it.

Truer words have never been spoken! Love that. And unexpected as well.

In this case it seems like a win-win. i.e: If it doesn't get a lot of attention, the artist will never know about it. If it does, the artist will get some money that he/she didn't expect. I had a situation where someone released one of my songs without my permission. I had written it for another artist who released it maybe a year later. The initial unauthorized release made it difficult to drive web traffic to the artist who it was written for. So maybe this isn't good advice for every case?

Regarding comment # 185:
I would indeed be surprised if it was good advice for every case.
Let's keep our eye on the ball:
Derek's advice is to move your career along "now." If you can do so without, say, releasing someone's song, then do so.

Hello Derek and Family,
I see how this would only apply in certain situations. Like trying to figure something
out playing a new style or riff on a guitar or covering a song with a new twist. But when
I attempted making low budget shorts (movies) I found it can be a disaster without
the right equipment or paid, experienced help.

So certain things I have learned to wait before moving forward. Others, go ahead and
plow through them. Fall down, get up and hire a lawyer.

Well said and yes pretty surprising from a day and age where there are so many licensing things to figure out about your music. Copyright, PRO registration and taking the time to document and publish your own work. Often, I feel so anxious to get something out there I want to skip these steps and in this case, getting your work out is more important. What I mean is - it is the only thing that matters - if no-one hears your music, then whats the point. As always, Derek you provoke very thoughtful dialog - even if only in my head as I read another idea of yours!

This is some deep insight. I have seen others (and unfortunately myself too) waiting for very long time. 'Now or Never' should be the motto in any career decision.

> “It seems I've failed to make clear that this article was not about copyright, but just a metaphor.” — Derek

I got that - I thought it entirely reasonable to provide examples wherein an artist went forward with something much in the spirit of what the attorney suggested of "Don’t wait for permission". In looking at what I posted I'm not seeing a diversion into copyrights at the expense of the sentiment of "Never Wait". It's your blog of course and if you have a specific idea about what you would like to see in the comments well okay -although keep in mind that one thought can trigger another that might involve references to a relative idea - then again I don't think it's THAT distant of an idea. Mais a chacun son gout mon ami.
Sorry about that, Ray. I didn't mean to seem like I was picking on your comment. There are so many comments here talking about copyright, when copyright wasn't the point at all. When that happens, I take full responsibility. I should have been more clear. The comments really help me realize when I haven't been. — Derek

Great advice both to try and contact first and then having done so, keeping the paper trail. And then going forward with abandon.

> Sorry about that, Ray.

No worries - Thanks for providing a discussion spot for issues relating to artists and the things they encounter in the process of getting work out in front of the public. I appreciate the perspective you bring to these issues. It's realistic and helpful. As a musician you no doubt know how flaky the music business can be (though so can the musicians) so it's nice to be able to read solid information.

My sentiments, exactly. The first time I tried to get a license from a song from Europe, it took me six months to finally find out it came from EMI. After that episode, I didn't wait anymore.....Nobody cared.

Short, to the point and so true. Good one, Derek.

Once again right on point

It’s the old risk/reward issue. In this case it makes sense as long as the person recording the song followed the lawyer’s advice and covered herself legally. I had a similar issue when I covered a Billy Joel tune several years ago. Billy is the only writer, to the best of my knowledge, whose rights are not administered by the Fox agency. We had to deal directly with one of his attorneys in L.A. Got it done, finally!

Wow!! That was great.

Hi Derek,

It was really insightful and motivational, I will follow it.
If I could be of any help to you we are into accounting, our
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Regards
Sean