Rick MacMillan: Read the label - Making sure the information on your CD is the right stuff

Planning to release an independent CD? You're not alone. According to the Canadian Music Industry Database, 1,213 Canadian, English-language CDs with Canadian content were released in 2001. And there continues to be an explosion in releases by indie labels and artists.

Eye-catching cover art is one way to stand out from this ever-growing crowd, to make sure the customer notices your disc, picks it up and, ideally, buys it. But there are other customers to please, namely distributors, retailers and radio programmers. They need hard information. Who produced this recording? Who are the featured artists? Who wrote the music? What are the titles? Who are the publishers? What are the track durations? Who controls the various copyrights and trademarks? Where can the label owner be reached?

What's required
Because CDs are small, manufacturers tend to print only certain essential details on the face of the discs themselves. It's mandatory to include the disc's catalogue number and the trademark CD logo (available from your manufacturer). Also, manufacturers recommend the CD include the MAPL logo (see below for more details) to show Canadian-content status; a statement that the product is "Made in Canada"; and a proper copyright notice, along with an "All rights reserved" notice. The disc label should also show a title, label name and a logo if applicable.

The back of the CD-tray insert provides an opportunity to offer more details. Once again, certain information is mandatory: catalogue number, "Made in Canada" notice, and the name and address of the label (or individual) releasing the product. It's also a good idea to include artist names; title of the disc; barcode (sometimes available from your manufacturer, although it's advisable to register your company in order to obtain a barcode number); titles and duration of individual tracks; copyright notices; and the MAPL logo, if there's Canadian content.

Copyright notices
It is important to remember that a number of copyrights are involved in the making of a recording. The universally recognized copyright notice (© John Brown Music 2003) is used to indicate copyright ownership in the music and lyrics contained in the recording - i.e. the songwriters/composers or, in the case of published material, the publisher. It should appear after each title in the track listing and at the end of each lyric reproduced in the booklet. This notice is also used to show who owns the copyright in the artwork and any program notes in the booklet. The notice is not required under Canadian law, but it is advisable under U.S. law in certain circumstances, and according to the terms of the Universal Copyright Convention. In general, it is recommended and can lead to certain benefits down the road, should you ever need to provide evidence in court.

Remember that SOCAN is not the copyright owner of the music licensed to the society by its members. It is acceptable, and even desirable, to show SOCAN or another appropriate society as the owner of the performing right in the songs/compositions; the name of the society generally follows, in parentheses, the names of the writers/composers and publishers. When in doubt, call your local SOCAN office to determine the performing-rights affiliation of any writer or publisher. Remember that SOCAN is not the copyright owner of the music licensed to the society by its members. It is acceptable, and even desirable, to show SOCAN or another appropriate society as the owner of the performing right in the songs/compositions; the name of the society generally follows, in parentheses, the names of the writers/composers and publishers. When in doubt, call your local SOCAN office to determine the performing-rights affiliation of any writer or publisher.

Copyright in a sound recording itself, not the work contained therein, usually belongs to the record company. This is shown with a(P) symbol ((P [in a circle] the Record Company 2003). Again, this notice is not required under Canadian law, but it is a requirement under U.S. law and is therefore recommended.

Composer names, track titles and duration
Complete titles and the running time for individual tracks are essential for programmers and will make SOCAN's identification and distribution process run more efficiently when performance cue sheets arrive from radio stations. Be sure to inform SOCAN if your works appear on a CD with title information that is different from that originally filed with us; alternative titles can be cross-referenced in SOCAN's database for easy identification, and you won't lose out on potential royalties.

CDs are sometimes released that show titles but incomplete composer information, an omission that can be equally detrimental for copyright owners. And if you compose under a pseudonym, take a moment to send SOCAN a written, signed notice indicating the pseudonym(s) used in record releases.

CanCon and the MAPL logo
The MAPL logo, which stands for Music, Artist, Performance (i.e. studio) and Lyrics, was designed in the 1970s by Stan Klees of the now-defunct RPM magazine, with the aim of assisting radio programmers in identifying which tracks on a release qualify as Canadian content according to CRTC regulations. (Private radio stations in Canada are required to play at least 35 percent CanCon as a stipulation of their broadcasting licence.) The circular logo indicates, by a blacked-in background in any of its four quadrants, which elements of a production were created by a Canadian (defined as a citizen, landed immigrant or resident of Canada for at least six months prior to the date the recording was made). Two of the four elements must be Canadian for a recording to qualify as CanCon.

Contact information
This is essential for any independent release. It's also advisable to include a phone number, fax number, e-mail address and Website address. Keep in mind that the easier it is for your customers (including distributors, retailers and members of the media) to find you, the more likely they will be tempted to track you down.

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