Belmont Law Review Volume 3 Symposium 2015: Entertainment Law and Article 6 Music Business in Transition 2016 Symposium Presentation: NSAI Director Bart Herbison On Copyright Reform For Songwriters Bart Herbison Nashville Songwriters Association International (NSAI) Follow this and additional works at: https://repository.belmont.edu/lawreview Part of the Legal Writing and Research Commons Recommended Citation Herbison, Bart (2016) "Symposium Presentation: NSAI Director Bart Herbison On Copyright Reform For Songwriters," Belmont Law Review: Vol. 3 , Article 6. Available at: https://repository.belmont.edu/lawreview/vol3/iss1/6 This Article is brought to you for free and open access by the College of Law at Belmont Digital Repository. It has been accepted for inclusion in Belmont Law Review by an authorized editor of Belmont Digital Repository. For more information, please contact
[email protected]. SYMPOSIUM PRESENTATION: NSAI DIRECTOR BART HERBISON ON COPYRIGHT REFORM FEATURING BART HERBISON* Mr. Herbison: We have to start with the understanding that when you hear your favorite song, there are two copyrights involved: when the songwriter writes that song, his or her copyright is for the underlying musical composition; when the artist records their version of that song, that’s the sound recording copyright. These two rights are governed by vastly different rules. Songwriter copyrights—the way those rates and royalties are set—are largely regulated by the government, and the other copyright, barely regulated by the government. Let’s talk about the songwriter copyright first. Songwriters are paid three ways: the first is a sales royalty, which is also called a mechanical royalty. It gets the name mechanical royalty because the rules that govern the way those rates are set and the way those songs are licensed are from 1909.