Copyrights, Trademarks and General Music Business Information

Copyrights | Performing Rights Affiliations | Talent Agencies | Royalties | Trademarks | Filing An Assumed Name
Incorporating | UPC | Retail Sales Tax Permits | Suggested Reading List

Email: music@governor.state.tx.us | Request Info

For a more detailed description, go to Getting Started in the Music Business.

Copyrights

The Library of Congress in Washington, DC handles all applications to register copyrights for songs, and operates a 24-hour answering machine on which you may request appropriate forms (202) 707-9100. Request copies of Form PA (Performing Arts, for the song itself) or Form SR (Sound Recording, for a specific recording of a song). Allow 2-3 weeks for delivery. Frequently requested Copyright Office circulars and announcements are now available via fax, (202) 707-2600 using a touch tone phone. For personal assistance: (202) 707-3000 between 8 a.m. and 4 p.m. CST.

If you want to determine the ownership of a specific musical work, the Library of Congress (www.loc.gov/copyright/rb.html) will research the current status of a particular song or composer. Call (202) 707-6850 for information and fees. The copyright fee per application is $45. To determine the current publisher of a song, contact the Research and Information Department of BMI at (212) 586-2000 or ASCAP's Clearance Express (ACE) at (212) 621-6160. You must know the song title and name of the songwriter(s) prior to contacting either of these performing rights organizations. Publishing information for some of the songs contained in their repertoire is available on-line.

Performing Rights Affiliations

ASCAP
Mike Doyle, Membership Relations
2 Music Square West, Nashville, TN 37203
(615) 742-5000; (800) 492-7227, (800) 910-7347; fax (615) 742-5020

Jan Mirkin, Texas Representative
906-1/2 Congress Avenue, Austin, TX 78701
(512) 472-1818

BMI
Mark Mason, Director of Writer/Publisher Relations
10 Music Square East, Nashville, TN 37203
(615) 401-2000; fax (615) 401-2707

SESAC
Tim Fink, Associate Vice President, Writer/Publisher Relations
55 Music Square East
Nashville, TN 37203
(615) 320-0055; fax (615) 321-6290

Texas Talent Agency Act

Talent agencies in Texas are regulated by the Texas Department of Licensing and Regulation. Although music isn't mentioned in the act, many Texas booking agencies that find work for Texas musicians also book nonmusical talent. TDLR defines a Talent Agency as a business that obtains or attempts to obtain employment for artists. An artist can be an actor who performs in a motion picture, radio or television production; or a model. For more information, call Texas Department of Licensing and Regulation at (512) 463-6599.

Mechanical Royalties and Licensing

If you are a publisher (representing songwriters whose work has been licensed by record labels, online music services, ringtone companies, etc.) and are interested in affiliating with an agency to collect your mechanical royalties, or are a record company or other licensee that would like to request a license, contact:

Harry Fox Agency
711 Third Avenue, 8th Floor, New York, NY 10017
(212) 834-0100; fax (212) 953-2384

Harry Fox Agency en Español has answers to frequently asked questions regarding HFA and music licensing, along with a direct email, esp@harryfox.com, which goes directly to the company's Latin Licensing agents.
Contacto e español:
Isabel Mayoral
(212) 922-3290

To request a license, contact the Client Services Department at (212) 834-0100. Additional organizations and businesses administer song catalogs; contact the Texas Music Office for a list of other administrators.

Digital Performance Royalties

SoundExchange is the first organization designated by the U.S. Copyright Office to collect digital performance royalties for featured recording artists, sound recording copyright owners (SRCOs) and nonfeatured artists when their sound recordings are performed on cable, Internet (noninteractive streaming) and satellite radio.

SoundExchange is an independent nonprofit performance rights organization that currently represents over 800 record companies, their 3000+ labels and thousands of artists united in receiving a fair price for the licensing of their music in a new digital world. Members include both signed and unsigned recording artists and small, medium and large independent record companies, as well as the major label groups and artist-owned labels. For membership information and a step-by-step guide on how to join, please go to http://www.soundexchange.com/members/become_member.html

Sound Exchange
1330 Connecticut Avenue, Northwest Suite 330
Washington, DC 20036
(202) 828-0120; fax: (202) 833-2141

The ISRC (International Standard Recording Code) is the international identification system for sound recordings and music video recordings. Each ISRC is a unique and permanent identifier for a specific recording which can be permanently encoded into a product as its digital fingerprint. Encoded ISRC provide the means to automatically identify recordings for royalty payments.

The International Federation of the Phonographic Industry (IFPI) recommends that all music producers use ISRC. The ISRC system is the key to royalty collection for recordings in the digital information age.

ISRC can be put into operation without requiring special investment in equipment or technologies. For further information about the ISRC system, please contact:

International ISRC Agency
c/o IFPI Secretariat
54 Regent Street
London W1B 5RE
United Kingdom
Email: isrc@ifpi.org
Telephone: +44 (0)20 7878 7900

Trademarks

The United States Patent and Trademark Office is the federal office that grants trademarks (such as to band names, instrument names, company names, etc.). A trademark protects name, design and logo for goods and services. To obtain their brochure Basic Facts About Registering A Trademark (which includes a Trademark Application form), call (703) 308-9000. Trademark applications must include: a drawing of the word or symbol being registered for trademark; three examples of its use (such as newspaper clippings); a $325 filing fee; a completed Trademark Application form; and a self-addressed, stamped postcard for return receipt of application serial number. For personal assistance: (703) 308-4357 or (800) 786-9199.

You can now research whether or not your band/company name is available to be trademarked by accessing TESS, the Trademark Electronic Search System.

You can search federally registered trademarks at the following Patent and Trademark Depository libraries (searches must be done in person; this system does not include state, international or unregistered marks):
University of Texas at Austin, McKinney Engineering Library 512-495-4511
Texas A&M University, Evans Library, College Station 979-845-5741
Dallas Public Library, Central Branch, 214-670-1468
Texas Tech University Library, Lubbock 806-742-2282
Rice University, Fondren Library, Houston 713-348-5483

Filing An Assumed Name

You may file a request to receive an Assumed Name Certificate (also referred to as filing a DBA, i.e., Doing Business As) at any one of the 254 county courthouses in Texas. To apply, contact the County Clerk’s office in the county in which you maintain an office. If your business does not have an office, then you must file a DBA in every county in which you do business.

Filing Articles of Incorporation

The Texas Office of the Secretary of State is the agency which grants charters for the following types of business entities: Corporations, professional associations, limited partnerships, limited liability companies, registered limited liability partnerships, non-profit corporations, and assumed names for those entities. The Secretary of State also registers state trademarks and service marks.

For more information, contact:
Office of the Secretary of State
Statutory Filings Division
P.O. Box 13697, Austin, TX 78711
(512) 463-5555

Obtaining Universal Product Codes (UPC)

Applications for a Universal Product Code (also called Bar Codes) are obtained through contacting
GS1 US
7887 Washington Village Drive, Suite 300, Dayton, OH 45459
(937) 435-3870; fax (937) 435-7317.

The fee is determined by the number of unique products a company needs to identify and as well as gross sales revenue. The Council assigns only the first six digits of your UPC; applicants are responsible for assigning the remaining five digits, and for having their bar codes printed.

Retail Sales Tax Permits

The Comptroller of Public Accounts is the state agency which licenses businesses to collect sales tax on the purchase of retail goods sold within Texas. The Comptroller has 33 field offices in Texas; check the blue pages of your local telephone directory for the office closest to you. For information: (800) 252-5555.

Suggested Reading List

The Texas Music Office maintains a list of
Music Industry Books, Periodicals, Associations and Organizations.
To receive a copy contact us at music@governor.state.tx.us.