In the wake of Whitney Houston's untimely passing, fans all over the world have sought out their favorit songs from the artist. Reasons vary why this happens when an artist dies. For many, it is one last connection, for others it is a conscious effort to support their estate no matter how large or small it may be.
One of Houston's most popular songs does not belong to her. The songwriting was done years before the script for The Bodyguard even came to be. The song penned for Parton's mentor Porter Wagoner(as they were ending their professional relationship) was featured in the feature film The Best Little Whorehouse in Texas. Dolly Parton not only wrote the song, she recorded it on her album Jolene(1973) and re-recorded it as a title track in 1982.
However, like anything Houston sang, it became hers! Parton and all her residual royalties had been pushed into obscurity until last week when sales of the chart topping song went through the roof with news of Houston's death. The boon for Parton has somehow become a topic of conversation.
Parton even faced harsh criticism and backlash for speaking up and clarifying that the song is hers! This is often the case with songwriters. Many artists will record the song later or will perform it and thusly clarify their position as the writer. Parton committed no foul other than interjecting herself in the mourning process for Houston's fans looking for consolation in her voice.
Here's the breakdown...
As writer of the song, Parton is entitled to(wait for it)...ALL the royalty profits generated from the sales of the single as well as any licensing requests that should come(i.e. Jennifer Hudson) inthe future. The Publisher of the song is also due royalties. The Publisher (in layman's terms) makes the song available to the public in print or other media. All license requests are made to the Publishing Company and not the writer. Plenty of artists choose to self publish and adminster/collect royalties themselves.
As a writer(or publisher), you will need to join an agency who will work to collect information(ASCAP/BMI/SESAC),perform radio,point of sale and other scans to determine what you are due. This is most often done quarterly.
As a songwriter,depending on your contribution to the song, you are entitled to royalties. If there is only one writer, royalties are due to that person, 2 writers would be 50% of the writers share and 3,33% and it goes on from there. Be careful, many producers, singers and musicians will try and scam their way into carving a piece of your royalties for themselves. A changed word, line,sentence, phrase or harmony could qualify a person as a 'writer' on a song. Be very careful in the studio when someone shows up 'with an idea'. The big idea could be to nip at your royalty rights.
Get It?
It doesn't matter that Whitney sent shivers down your spine on the last key change! She is not the writer and her estate doesn't grow when you purchase this song. Many artists sell themselves short because they don't want this effect to happen to them. I suggest that you ask Dolly Parton how she feels now and how she felt 10 years ago. I'm sure she will answer you with a smile. The bulk of the money to be made in recorded music is in songwriting.
YOU MUST COPYRIGHT YOUR WORKS! Your works are only protected when you have been issued copyright you your work. The Poor Man's Copyright still exists but is difficult to use in court, thus murkying up an already difficult process.
It should also be added that song sharks do exist in the gospel industry and you have to be very aware of it! Don't be in such a rush to get music out that you sacrifice the integrity of your precious gift! Even if you don't think much of it, protect it! You never know when someone will come along to make you(and the song) sound like an ingenius work of art!
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