Showing posts with label music law. Show all posts
Showing posts with label music law. Show all posts

Tuesday, October 27, 2020

Should I Register 2020 Vinyl Re-Release or 2005 Original CD?

Dear Rich: My band released a CD in 2005, and we never filed Form SR or PA for the album and underlying works. I am planning a vinyl reissue (with expanded artwork) this year, the songs are in the same order and have been remastered, but the artwork will be slightly different. Should I file the SR and PA for the 2005 release? Or should I treat the 2020 vinyl reissue as a new entity? 
 
If you're filing Form PA separately (Form PA reflects songwriting), it doesn't matter whether you use the  CD or the vinyl because the compositions are the same on both. (The date for the song publication would be 2005.) In order to register a group of published songs as one "unit of publication," you must meet certain rules.
If you're filing the Form SR separately (Form SR reflects the sound recording), we think you should use your newer remastered vinyl because that is the best sonic version and you will likely use that for downloads going forward. 
If you qualify to file the SR and PA as one application (or you need more information), you'll be best served by using the vinyl version as deposit materials. You can find more on these filing regulations in our Music Law book and in the music copyright lectures, we recorded for Lynda/LinkedIn
P.S. Dept. In case you weren't aware, you acquire copyright regardless of whether you register your music. However, there are many benefits to registration.

Wednesday, September 19, 2018

Mom Wants Tax Loss From Daughter's Recording

Many moms have encouraged their pop star daughters' success
Dear Rich: I'm a CPA and I can’t find much information on how a parent of a minor should structure a business with their child. My daughter is a 16-year-old singer/songwriter and she is recording her first EP. Obviously, I am paying for everything. I can’t decide whether an LLC is best and if I did that how would I do the ownership. I’d love to get the tax loss on my tax return.
Your daughter's lucky to have a savvy mom who recognizes the importance of managing her music finances. If the money you spend on your daughter's business exceeds your daughter's income for the year, your business incurs a loss. There are a few ways to address your losses:
Sole proprietor (You own the business). [Pros: Easy to create and manage. Cons: No limitation on liability, only suitable for a single owner.] Claiming the loss as a sole proprietor as a "Schedule C" business requires the least paperwork. You create a business to promote your daughter's music and as sole owner, you file a Schedule C with your Form 1040. That allows you to deduct your music business losses against regular income. There are some caveats, as you probably know, the main one being the 3-out-of-5 year rule. You may want to sign an agreement with your daughter compensating you when she begins making money from music performances or recording.
General partnership (You and your daughter own the business). [Pros: Easy to create and manage. Cons: No limitation on liability, each partner is liable for other partner's actions.] If you want to own the business with your daughter, you can form a general partnership. You don't have to register your partnership with the state and you don't need a written partnership agreement although it is helpful for documenting the percentage of ownership. A partnership does not pay taxes, but it must complete and file a tax return (Form 1065, called an “informational return”) and each partner also receives a Schedule K-1, which contains the relevant profit or loss information. Based on the information in the K-1 form, the partners declare the loss (or profit) on their individual 1040 tax returns using a Schedule E. Like a sole proprietorship, you can deduct the partnership loss against regular income.
LLC (You -- or you and your daughter -- own the business). [Pros: Limits personal liability. Cons: Must register with the state; fees required for formation (and in most states, owners must pay annual maintenance fees).] An LLC reduces personal liability, a factor which may not be of great importance at this point in your daughter's career. Tax forms for an LLC are prepared in the same way as they are for a sole proprietorship (as in the case of a 1-person LLC) or partnership (in the case of an LLC with two or more members). Because of the expenses of forming an LLC, we'd suggest waiting until your daughter has achieved some measure of success with downloads or bookings.