largest revenue generator
sonwriter income, greatest to leasst
mechanical royalties, broadcast performances, non-broadcast performances, sheet music, synchornization rights, dramatic rights
mechanical royalties
to the sale of music recordings. 9.1 cents per copy sold mandated by congress, writer and publisher split this 50/50
controlled composition
songwriter is the performer
Broadcast Performances
radio/tv. pay license fee to a PRO that then pays the songwriter/publisher
Non-broadcast Performance
Concerts, venues pay onetime blanket fee to PRO to cover themselves
synchronization rights
put with a visual, paid upfront and is negotiable
1 standard contract between the writer and the publisher
2 splitting the publishing
writer keeps their 50 and takes some of the publishers cut
3 Writer can
own the publishing company and take 100 %
4 writer owned company can also
contract with publishing company for administration deal, (publisher here is not actively promoting the work) Paul McCartney does this.
Partnership owened company
6 staff writer
could be paid in advance for expected royalties or creates “works for hire”
label affiliated publishing companies
reduced % justified because they shouler most of the promo costs. sometimes a record company can drop you but stil own your publishing
publishing company should be
proactive- “exploiting” every avenue. less favorable ones are more like collection agencies
Songwriters Guild of America, not a publishing company, it has contract guidelines and provides low cost administrative services
Contract Reassignment
Your publishing company gets sold to another one, your contract and all its terms go with it. fairly standard, you can provide a clause for no reassignment
Contract Default
If one of the parties “defaults” from contract hey are given a period of time to “remedy” it, if remedy is met contract is not void
lead sheet
melody/lyrics and harmony
putting lead sheets/demos in hands of artists etc.
Types of publishing companies
full-line, independent, record compnay affiliates, educational field, specialty publishers, subpublishers
all genres, promotion, print, administration acquisitions, print publishing of sheet music though this is often exluded
independent publishing companies
specialize in a genre most often, making them ultra efficient.
record company affiliates
usually have a PRO they want you to be with
Educational field
music packaged with instruments, and school band orchestra arrangements
specialty publishers
niche genres, (christian, classical, concert music<- rental of scores which oft comes with the performance royalty cover fee)
often specializing in print production or distribution get a royalty percentage
foreign territories
multinational companies-negotiate with smaller regional sub-publishers instead of setting up their own office, subpub usually gets 10 to 15 %
2. Independents often use subpubs.
collecting subpublishing
1. at-source, the writer is paid directly from each subpublisher (common w/multinationals) preferable as cut comes soley form the publisher
2. Receipts basis where the writer is paid after the subpubs percentage is deducted. (more common for smaller companies)
Publishing Company Structure
Royalty dept, copyright dept, legal business affairs, print production, distribution, professional manager, acquisitions
Royality dept
receipts and disbursements
copyright dept
-determine works originality, -register works with library of congress, -copyright ownership can be transfered, -establishes liason with Harry Fox Agency
Legal Business Affairs
experts in domestic and international intellectual property law. Draw up and futher negotiate contracts.
Print Production
if full line
Print Production
if full line
Professional Manager
Signs new writers, maintains relationships with contracted writers, persuades industry figures (artists/producers/mgrs.) to use work, involved in negotiation of contract, seek new use
collecting existing catalogs, looking for -recent success -insider recommendation – material from signed writers – perfomer/writer -market/genre -quality/longterm
two or more writers, all writers shar pulisher, or writers have different publishers, everyone gets 1/4
writer assigns portion of the writers share to a non-writer (back in the day-powerful djs to get them to play it, give some to a powerful artist and they’ll make the song a hit)
figuring out who as a performer is perfect for that song
national music publishing association
Harry Fox Agency
(Clearing House) 1, issues mechanical licenses 2. helps with global synchronization liceneses but do not negotiate 3. licenses for ads.
compulsory mechanical license
writer must grant permission to use song, permission must be requested
IDs the parties and the services, and the term-period of time Often initial period plus options. writers may agree to the options but want to see escalations-advances tied to options. term may specify number of composition to be delivered
“Recording Goal”
Term IE, amount of time for the publisher to place a number of songs on commercially released recordings
Label affiliated company, if the record deal falls through publishing does too and vice versa
songs to publisher, for duration of the deal publisher owns the copyright. many times the assignment is beyond the terms of the contract. specific copyrights if existing listed as an addendem.
Right of First Refusal
What the publisher has over an artist (right to yes or no to certain songs)
the writer states that they are free to enter the agreement, the writer states that ll work submitted is the writers creation is suchthing as “unconscious plagerism”
Advances and Royalties
money to writer as an advance on royaltys, comes out of the writers percentage until paid back but if not made up the writer doesn’t owe the money. seperate percentage for print production
Foreign Rights
assign the publisher the right to enter into subpublishing agreements, may limite the percentage that subpub can receive. control how monies are calculated and may restrict territories.
promotion expense
language states what if any costs are born by the writer
the right to audit
standard. the right to check the book with certain limitations (number of audits within a given period) who bears the cost of the audit? writer unless indescrepencies are found.
creative rights
what changes will the writer allow the publisher to make
right of assignment
publisher can sell the copyright to another company and if so under what terms
wen do copyrights go back to the writer, for writer ideally goes back when term ends
default cure
what steps and what time period to correct what is considered a breach of the contract. both directions.
specify a third party to help negotiate any problems/disputes. may be specified AAA american arbitration association
copyright act of 1976(8)
some terms had to ammended to conform to the Berne Convention. Duration life of the author plus 70 years
Digital Millenium Copryight Act- recording now get a performing royalties if digitlly transmitted)
Audio visual work
any visual image mechanically displayed and accompanied by sounds no matter what the fomat.
best edition
version of the work that is registered with the library of congress. the final form.
collective work
multiple independent works which are then assmpled into a whole
same thing as collective work but all the elements pre-existed
material objects in which the work is fixed including the ovject in which it is first fixed
when the work is first fixed on material object
derivative work
a new wor based on existing work but which demonstrates enough difference to constitute an an original work. the orignal works writer owns the rights. can’t exist w/out permission of original author, arrangements are considered derivative works.
type of technology both in eistence and not yet in existence
showing a copy of the work can refer to an elements of the work
business open to public. majority of space is nonresidential where non-draatic music works are enacted/performed
(permanent/stable) embodiment of the work. Material Object
Food/serice/Drinking Establishment
where food/beverage are the primary function but where music works are performed
to enact the work directly or indirectly through mechanical means.
objects in which sounds not accompanying a visual work are fixed (including original as well as copies)
psuedonymous work
in which the author is ided b a ficticious name