Music Publishing 101

 

Decades ago, music publishers sold sheet music, piano scores, etc. They were paid directly by  music stores across small town America. The publisher issued payment to the songwriters. That may still take place with classical music or gospel songbooks. It does not occur with 99.999% of music.

 

Now, publishers don't print or sell sheet music. They never have a songwriter's money in their possession. A songwriter joins a performance rights organization. There are three in the USA. They are ASCAP, BMI. and SESAC. A writer chooses and joins only one. Afterwards the affiliation can be switched, but that process is covered in Music Publishing  202.

 

Whichever of these the writer signs with collects performance royalties. These are collected when the song is performed in a "commercially exploitive" fashion. Some examples of these are radio and television broadcasts, movie theaters, advertising commercials, etc. The organization sets on the money and draws the interest for nine months. At the end of the nine months, the organization issues two checks. One goes directly to the writer. One goes directly to the publisher. So, the publisher never has access to or control of the writer's performance rights money.

 

There is another type of royalties. These are called mechanical royalties. They are called this because vinyl records were mechanically reproduced. These royalties result from sales of CDs, DVD, cassettes, records, etc. These royalties are collected by the Harry Fox Agency. Again, the money is divided into writer's royalties and publisher's royalties. Again, checks are mailed directly to each. The publisher never has access to or control of the writer's  mechanical royalties.

 

So, what is it a publisher does to earn publisher royalties? They use their  connections within the industry to get the song used in a "commercially exploitive" fashion.If they are successful in these efforts, they file forms with the performance rights organization and Harry Fox. In the very rare event of copyright infringement, the publisher hires a copyright attorney and protects the copyright.

 

Music and copyright law are very complicated specialities that most attorneys know little or nothing about. The entertainment attorneys who have the specialized knowledge tend to charge very high per hour fees. Getting one of these specialists to write a publishing contract or any other music related contract such as a recording contract, an artist management contract, etc. could easily cost a few thousands of dollars. So, about 40 years ago, an entertainment law firm based in New York City wrote a complete series of music industry related contracts. They were sold at office supply stores in New York, Nashville, Las Vegas, Los Angles, etc.

 

These contracts quickly became the "industry standard" contracts. Of course; over time they were tested in various courts across the nation and internationally. Time after time and case after case the contracts were ruled to be legally binding. In other words, they have stood the tests of time and arbitrary judges. Intelligent people tend to look at things from the point of view, "If it isn't broke, don't fix it."

 

Over 40 or more years, society evolved and the publishing contract developed one minor defect. Songwriters began resenting signing a lifetime contract that tied their song to one publisher regardless of the publisher's success in getting the song "commercially exploited." They began to demand the right to let another publisher try, if the first one was unsuccessful.

 

This brought about the "reversion clause." This addition to the standard publishing contract says that at the end of a pre-determined period of time, the publishing rights revert to the writer, unless the publisher has been successful. Typically, this period of time is between two and five years. Only If the publisher does get the song "commercially exploited" during the prescribed  period, does the contract continue in effect. It then continues for "the life of the copyright." Federal law defines "the life of the copyright" as seventy five years after the death of the writer.

 

These basic facts should be kept in mind.

1. The song will not earn a cent of royalties for either the publisher or the writer, unless it is "commercially exploited." This means it is in the publisher's self interest to do everything they can to get the song "commercially exploited." The publisher has nothing to gain, by letting the song lay around unused.

 

2. The publisher does not get paid to educate writers, by answering a lot of kindergarten level questions. The publisher makes money only by using their industry connections to find somebody who is seeking a song to "commercially exploit" and convincing them to use one from the publisher's catalog.

 

3. There is an abundance of songwriters knocking on the publisher's door begging for a shot at the big time. This is why publishers have erected numerous barriers between them and unknown songwriters. Most professional music publishers do not have web sites or place ads looking for songs. Most do not advertise in the yellow pages. They do not accept "unsolicited packages." If you are not professional enough to know who and where they are, they don't want to waste their valuable time on you. If you don't already have their phone number or have a friend who will share it with you, they don't want to talk to you. I'll borrow a famous line from a classic movie. If you are a songwriter and can't figure out a way to get their attention, "Frankly; my dear, they don't give a damn!"

 

4. The same thing applies to singers, producers, record companies, etc. Stars seldom record songs which have been released by lesser stars. Some newcomer may cover a song first recorded by a George Strait. The chances of George Strait covering a newcomer are slim to none. So, if a singer, record producer, or whatever is so unprofessional and unconnected they don't know who the professional publishers are and how to contact them, "Frankly; my dear, they don't give a damn."

 

5. All of those questions you have are the same questions other unknowledgeable and uninformed songwriters have. When you ask them you instantly mark yourself as a novice.You also display a lack of respect. You would not call an professional civil engineer and ask a bunch of silly questions about highway building and expect them to stop what they're doing to teach you basic math. Professional music publishers are busy. Their time is valuable. They don't allow people to waste it. Hire a song plugger. Ask your questions of them. You're their client. You pay for their time.