Music Publishing 101

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WHAT IS MUSIC PUBLISHING ?

We will define what  music publishing is and some of the common terms used in the  music publishing busisiness.

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WHAT DO THEY DO? We will explain the different things that  music publishers do for songwriters and explain how they help your songwriting career.

BASICS OF PUBLISHING AGREEMENTS We will describe the different types of publishing agreements and how they work.

Vyral University: Music Publishing 101

 A Publisher... Publisher... •Collects Royalties •Licenses Songs •Helps Protect Your Music •Sets up co-writes •Helps get a record deal •Register’s copyrights •Is your best friend in the biz!

VYRAL MUSIC

IN THE BEGINNING THERE WAS THE SONG... And then came the music publisher. publisher. Maybe the most important i mportant entity in the entire music business, music publishing is the one area of the industry i ndustry that has been the least understood by songwriters and artists. So what exactly does a music publisher

of your song to a music publisher. Well, there

do? Publishers are responsible for collecting all

have been many debates about this in recent

money owed from the use of the songs in their

history. history. I for one believe that a music publisher is

catalog, and to find opportunities through

a valuable asset to any songwriter or artist, if

licensing and recordings to generate income

only for the simple fact that they open doors

from their catalog. In simpler terms. a music

that would otherwise be closed. But even hit

publisher helps you pitch your music to other

songwriters and artists have publishers, and its

artists, helps you place your songs in TV and

not like they don’t have enough open doors

film, and also aids in helping you get a record

available to them. Well this brings up the other

deal. Once one or many of these have been

reason i believe a music publisher to be a great

accomplished, the publisher then assumes the

asset to you. They help you take care of the

role of collection agent. They make sure that all

publishing aspect, so that you can concentrate

money earned from the use of a song is

on what you do best, creating great art. There is

collected, and that your songs are protected

a way to do it yourself, and i suggest that even if

from unlawful use or infringement. So how do

you find a great publisher, publisher, that you never stop

music publishers get paid for their work” Simple.

self-promoting. But there will come a time when

By taking a percentage of ownership from every

you will be thankful that you do not have to deal

song that they include in their catalog. But why

with the day-to-day hassle of publishing, and

would you want to give up part of the ownership

this is where the music publisher can help!

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Publisher’s Share

 Writer’s Share

Music Publishing Fact: Songs are typically split up into two parts. A writer’s share (50%), and a publisher’s share (50%). A  usual publishing agreement assigns the publisher’s share to the  publishing company in exchange for their services to the artist.

A Quick History of Music Publishing Music publishing has been around in one form or another for hundreds of years. It arose around the time that published music (sheet music) became available for purchase. At the time, the only music that was printed was created by the Catholic church. The monks would sit down and write out the sacred chants for each day of the year. King Henry VIII passed a law which required all copies of printed matter to be sent to him, and in return, offered protection to the printers in the form of licenses. The king used this to generate revenue, and in exchange the music printers gained access to the distribution networks developed by the church. In 1662, England passed the licensing act of 1662, which required the printer of every book to print a “certificate of the licensor” which was basically a statement that assured the reader that this work contained no writing “contrary to the christian faith, or the doctrine or discipline of the church of England? In the United States, music was not initially protected under the first federal copyright law. Not until 1831 was music recognized as protected under the law. This term was 28 years plus a 14-year renewal period. The final major step in the foundation of music publishing publishing is known as the Berne Convention. In 1886, counties from around the world met in Berne, Germany to establish an international agreement between its members in regards to copyright law. Before recorded music was invented, songwriters had only one source of income, sheet music. The original role of the publisher was to do simply that; publish the writer’s music in the form of sheet music and then distribute that music to earn money.  NOTE:

Copyright law provides the holder with the right to collect revenue from  all rights, including performance performance and and phonographic phonographic (recordings (recordings). ).

And Why Should You Care? Well its not that you should care, but i find that the more you understand about the history of something, the less likely you are to repeat the mistakes, and the more likely you are to understand the broad picture. It’s not imperative that you remember the names of these laws, or that you know the dates of these events. The important thing is that you see where we came from. We are, as musicians, continuously fighting for better laws, and more protection of our artistry. And as my history teacher once said, you can’t change the future, unless you understand the past.

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Common Terms Used In Music Publishing

HIT WRITERS Copyright - The exclusive rights granted by law to the original

creator of the song Staff Writer - A songwriter who writes exclusively for a music

publisher in exchange for a weekly advance and a share of the royalties Pitch - A term used to describe to process by which a song is

played for recording artists or those seeking new material in order to get that person to choose that particular song. Song Plugger - The person(s) responsible for pitching the

songs in a publisher’s catalog and securing placements so that

DIANE WARREN

those songs can earn money for the publisher/writer. Cut - A cut is a song that has been chosen to be recorded by

an artist for an upcoming release. Royalties - This is used to refer to the money earned by a

song. Exploit - To seek revenue for a song. PRO - An acronym used to refer to a Performance Rights

Organization, which is responsible for collecting all performance royalties generated from the use of a song registered to that PRO. Phono Record - Any material on which sounds can be

Jeffery Steele

recorded (i.e. CD, Cassette, MP3) Sound Recording - Used to refer to the recorded performance

of a song. Mechanical License - the authorization form a publisher or

writer to record and distribute a song recording. Blanket License -  A license that is issued by a PRO that

grants the use of any song in their catalog for public performance. Synch License -  A license granted by a publisher authorizing

the use of a particular song song with visual images. images.

BOB DYLAN *See The Music Business Dictionary for a complete list 

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Different Types of Publishing Agreements There are many different publishing agreements between songwriters and music publishers. Most of them are dependent on the size and structure of the publishing company, and the success of the songwriter involved in the agreement. There are however some standard agreements that you will encounter as a songwriter/artist. Here is a brief overview of the different types of songwriter agreements.

Staff Writer Agreement This is an exclusive agreement where the songwriter assigns all songs written during a specified term to the publisher. The publisher pays the songwriter an advance, (either weekly or monthly) which is recoupable from the earnings of the songs under the agreement.

Single Song Agreement This is an agreement for one song between a publisher and a songwriter. Usually done between publishers and new or unknown songwriters, it basically gives the songwriter the opportunity to use the services and resources from the publishing company for that song. In exchange, the publisher receives a percentage of the royalties. There are rarely any advances to the songwriter in this type of agreement.

Co Publishing Agreement Under a co-publishing agreement, A songwriter retains the ownership of his songs which are usually placed under a self-operated publishing company owned by the writer. The standard copublishing deal give the writer his 50% writer’s share plus 25% of the publishing share. These agreements are made between writer’s with large catalogs or between two publishing companies who wish to partner and combine resources or leverage an opportunity.

Administration Agreement In an administration agreement, a songwriter gives the publisher the right to administer (or license his/her songs) in exchange for a small percentage of the royalty income. Many administration deals are done when a songwriter is looking for more opportunities for their songs, or as a means to aid in the collection of royalties for a particular song.

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Basics of the Staff Writer Agreement The basic staff writer agreement is a 50/50 split. Sometimes you will hear the term writer’s share and publisher’s share. This refers to the half of the song that is owned by each. Also, i have encountered many people using a 200% system to describe the ownership of a song, where there is a 100% writer’s share, and 100% publisher’s share. I would advise you to not use this system when you are referring to your songs, because you could make a very bad mistake when negotiating a contract that you believe is based on a 200% system when it is actually based on 100%. For example, I sign a single song publishing agreement that gives 25% to the publisher. publisher. If i am working on the 200% system, i   assume that i am giving away 12.5 percent of my song to the publisher, publisher, when in actuality, i just gave away 1/4 of my song unknowingly. unknowingly.

Most staff writing agreements provide the songwriter with a monthly advance. This advance is given to the songwriter in order to allow them to be able to write songs for the publisher full time. Notice that i use the term advance instead of the word salary. The reason for this is that all money paid to the songwriter can and will be recouped by the publishing company before any money is paid to the artist from their royalty earnings. What this means for you is that you will not earn any money from your songs until all advances are paid back to the publisher. However, the advance is only recoupable through royalty earnings.  NOTE:

You should not ever be required to pay back an advance with anything other than your royalties, and any contract that states otherwise should be viewed at with extreme caution.

The publishing company also provides you with money to record demos, which are used to “pitch” your music. These costs will most likely be recoupable as well. Your demos are the single most important element in your songwriting/artist career. Most demos done today are produced to a quality that sometimes matches or exceeds some final recordings. Songwriters under a staff agreement are usually required to submit a certain number of songs each year. This is usually referred to as the delivery requirement, and is typically between 10 to 15 songs per year. 1 song is counted based on the percentage that your publisher gets for each song. So if you co-write a song with one other writer, your publisher will count this as 1/2 of a song, because they are only getting half of the publishing which is split between you and your co-writer.

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Basics of the Single Song Agreement  A single song agreement is the most basic of all the publishing agreements. Usually this agreement is used when a songwriter has a particular song that interests a publisher, but the publisher does not wish to commit to a long term staff writing agreement.  A single song agreement gives the publisher the right to pitch the song for a specified term, (usually 1-2 years). If the publisher successfully places the song, then they receive a percentage of the earnings of that song. Usually the percentage is 25%, but can be the entire 50% of the publisher’s share depending on the type of agreement. In the event that nothing happens within the allotted time frame, the songwriter is released from the contract and retains full ownership of the song once again. Most single song agreements are used by publishing companies as a way to “test” out a prospective writer. They can enter into these agreements with little or no risk. Many single-song agreements agreements turn into staff writing deals for the songwriter if the publishing company is able to place the song.  Another type of single song agreement happens when a writer has already successfully placed a song on their own, and that song becomes a hit. The songwriter might wish to enter into a single song contract in exchange for an advance on the future earnings of the song. This is typically done when a writer is in need of immediate money, and the song has shown that it will earn that money over a period of time.

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Basics of the Co Publishing Agreement  A co-publishing agreement is made between a writer (his publishing company) and another publishing company. Usually this agreement is reserved for writer’s with a successful catalog or a track-record of producing high value songs. In this agreement, the writer transfer’s only a portion of the publishing share to the publishing company, (usually 25%) This means that the writer retains all of his writer’s share plus half of the publisher’s share (i.e. 75/25) There are a few different situations in which a co-publishing agreement occurs. The first is when a writer has a number of hit songs with a publisher, and is getting ready to be at the end of his contract. The writer could enter into a co-publishing agreement with his publisher for all future songs as an incentive to re-sign with his current publisher.  Another way this occurs is when a writer owns a successful publishing company and wishes to leverage the resources of a larger publisher. He would sign a co-publishing deal with that company in order to generate more opportunities opportunities for placement of his songs, yet still retain the majority of the ownership. There are many different ways in which this can play out, but it is important to note that a copublishing agreement is most often made between a “HIT” writer and a publishing company of a larger stature.

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Basics of the Administration Agreement  An administration agreement is an agreement between the writer/publisher and the publishing company where the songwriter self-publishes the songs, and grants the publishing company licenses of the songs for use. In this deal, the publishing company would most likely receive a small percentage of the royalties generated (between 10% - 20%) The publishing company basically acts as a song plugger for the artist/songwriter. They would seek opportunities for the songs under the agreement in exchange for a percentage of any money generated by a successful placement. This agreement is reserved for the most successful writers and is not an agreement that one would encounter during the early stages of their career.

Other Types of Agreements (less common) Sub Publishing Agreement These agreements are made between publishers in the US and publishers in foreign territories. Usually similar to administration deals, they allow the foreign publisher access to license the songs in their respective country in exchange for a small percentage of the revenue generated.

Collection Agreement  A collection agreement assigns the administrative duties to a publisher in exchange for a percentage of the revenue. This is common between publishers and writers who are self-publishing their songs, but do not have the ability or time to collect and pay their royalties properly.

Purchase Agreement This is where a publisher will acquire a large number of songs or “catalog” for a set purchase price.

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WHAT CAN A PUBLISHER DO FOR ME? Music Publishers can be your most

songs stand out and in turn give

valuable asset as a songwriter looking to earn

you more opportunities for

money from your songs and prosper from a

placement.

career as a songwriter. There are many different

Set Up Co-Writes

things that publishers do for songwriters.

Song Placement The single most important aspect of a

One of the aspects most overlooked, your publishing company will help you set up

publishing company is its ability to generate

co-writing opportunities with

revenue from its catalog. This is done by

other songwriters from their

pitching songs for placement either with

roster, and from other

recording artists or for TV and Film through

publishers. On top of that,

synchronization licenses. A publishing company

publishing companies will place an

has the connections to get your music into the

emphasis on setting up co-writing opportunities

right hands, and the power to see that your

with artists as well.

you have as a songwriter. songwriter. One of the benefits of

songs are placed and generate money

Administration

working with a publisher is that the publisher will

Song Critique

Publishers will help you with the

 Another great aspect of a publishing

registration of your songs with PRO’s, with the

company is the feedback it gives to its writers.

US Copyright Office, and with the Harry Fox

Your publishing company will provide you with

 Agency.  Agency. They will also help you in organizing

perspective on your songs from a publisher’s

your schedule, collect and pay royalties, and in

standpoint. This will help you to craft better

most cases, provide you with a solid legal and

songs, and understand what people look for in a

accounting team.

“hit” song.

Advances

Demo Recording Most Publishing companies either have a

Protection Your songs are the only source of income

work to protect your songs from unauthorized use, including plagiarism. Since the publisher has a vested interest in your songs, it is in the best interests of the company to insure that there are no unauthorized uses of the songs in their catalog. (which includes you!)

Recording Contracts Publishing companies often try and secure

In many staff writer deals, the publishing company will provide the songwriter with a

studio or outsource their demo recording to a

weekly or monthly advance (which is

well-respected studio in-town. Usually the

recoupable) so that the songwriter can

publisher will pay for any demo costs (which are

concentrate on writing songs full time. I n many

generally recoupable) and help you locate

cases, however, the songwriter’s stipend will not

musicians, singers, and engineers to make your

be sufficient to live off of and will require the songwriter to seek part time work on the side.

record deals for their writers. This is beneficial for you as a writer as it opens the door to many more opportunities, and it is beneficial for the publisher in that if you are signed as an artist, then your songs will naturally be used in the album, increasing the revenue generated by you. Its simple, if it helps generate more money, then the publisher has no choice but to pursue that opportunity.

NEED MORE INFO? For more detailed information on music publishing i reccomend checking out our bookstore for some great guides to publishing!

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Other Articles • Performance Rights Organizations • How Your Music Makes Money • How to set up your own Publshing Company Song Plugging 101 • How to Prepare for a meeting with a • Publisher • How to copyright your song

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Copyright Registration