Music Publishing Series: How to Protect and Exploit Your Music

What Does Music Publishing mean?

Let us first take a look at the dictionary definition of publishing.

Publish

/ˈpʌblɪʃ/

To prepare and issue (a book, journal, or piece of music) for public sale.

So what does it mean for you and your music?

Publishing is defined in the copyright law as “distribution of copies of a work to the public by sale or other transfer of ownership, or by rental lease, or lending.”

In simpler terms, ‘Publish means to make your work public. So with music, this is when you release or perform a song instead of keeping it to yourself on your computer or in your notes. Right, so now that we understand this, what next?

Here’s the low down, ‘music publishing’ plain and simple; this is the copyright laws attached to a song ‘musical work’.

Copyright

Copyright law in music usually refers to 6 copyrights.

So if you are a songwriter/composer/producer, you can own (and split) up to 100% of the composition copyright and any other related “publishing” rights unless you sign those rights away in a written agreement. (DING DING DING, YES you most probably need a lawyer).

Under the law, copyright (which means the right to make and sell duplicates-‘copies’) is instantly and automatically vested in the composer/author/creator as soon as an idea is expressed and made tangible ( e.g., the moment it is written down or recorded).

Songwriters and composers take note that your composition “Rights” can be exploited in up to 6 places. This is furthermore stipulated in the CDPA (Copyright Designs And Patents Act of 1988) the owner of the copyright has the exclusive right to:

1. copy the work

2. Issue copies of the work to the public

3. Rent or lend the work to the public

4. Perform, show or play the work in public

5. Communicate the work to the public

6. Make an adaptation of the work or do any of the above for an adaptation.

 Copyright in Music Business

The recorded music (labels) business tend to focus on two copyrights of a song, I touched on the first: composition right, earlier:

1. The copyright in the song or musical composition that is owned by the songwriter/composer. Today we see that the music scene is a collaborative effort and it is typical for producer’s, arrangers, A & R co-writers to have an input in the actual composing of a song. Therefore if the song composition is exploited, they are also vested with a percentage of this right. I will explain how splits and percentages can be agreed upon by all parties.

2. The second is the copyright in the sound recording of the actual composition. This is the right record label, and record artists will own if a composer(s) enters into such agreed deals.

Now, let us go back to the copyright in the musical composition, if you are a singer-songwriter, composer, producer-songwriter, A&R-songwriter, co-writer, arranger, PLEASE GATHER HERE!

So once you’ve written or recorded or as they say “made your work tangible”, these rights can be transferred when you sign a written agreement sometimes in the form of a publishing deal.

This is why I strongly advise you to have at hand a music industry professional such as an entertainment lawyer, a music licensing manager, who can help you understand how to approach and handle music business deals. Now, publisher deals do vary, and we will come back to the characteristics of a typical publishing deal shortly.

If you are a self-releasing songwriter and have not signed any publishing contract, you are classified as ‘self-published’. If you are self-published (independent) ensure you are keeping up with the administrative duties that surround your copyright.

You can do this yourself, or you can engage music professionals such as a lawyer or get someone like me, music licensing manager to manage your filing.

Publishing administration consists of the exploitation of the copyrights mentioned and collections of any profits generated from this, this is called royalties.

If you sign a publishing deal, you become a ‘published-songwriter’ and therefore, the publisher will take up these responsibilities and more. The publisher will also absolve finding ways to exploit your composition; this is known as ‘Plugging.’

Aside from the possible advance payments that can come with a publisher deal, the publisher will have your professionally recorded song ‘demo’s’ that will be used to send to recording artists and sometimes producers who may want to exploit via a deal.

Publishers can also seek placement for your composition in advertising, tv, and film – this describes another type of music exploitation; ‘Synchronisation.’ – Think of sync as two things coming together simultaneously.

This when the music is put together with a moving picture (film). I like to call it; ‘music to motion’. The synchronisation or ‘sync’ rights for short on a single composition can be extremely lucrative for the publisher and composers.

Artists and composers should be eager to educate themselves, and I recommended you have fundamental insight into what you are owed. Start this by keeping up with a task at the top of my ‘Basic Studio Rituals’ list:

Split Sheets!

Now if you take up any role in writing, producing, arranging, the composition – please please before you begin your session – agree and sign split sheets, this can also be edited during the session.

This early and boring ‘inconvenience’ is essentially proof to protect your work. It also ensures everybody knows how and how much by percentage, each party involved is entitled to.

This also mitigates any future disputes and arguments over the copyright, which can often end up, resulting in millions of dollars of legal fees and damages.

This is also a tarnish on the artist’s brand; it can also destroy relationships which may be vital to maintaining in the music industry. In short – fill in the boring split sheet – you’ll be happy forever and so will your estate!

If you would like a  split sheet template, there are many to download for free online.

Synchronisation and Publishing

Now, to ensure you are exploiting your musical composition effectively, your publisher or sync manager (publisher administrator) should be versed in music business opportunities and deals, so that you can focus on making music!

There are many ways to get your music placed in film, tv, and online that will be profitable for you! Take note that not all sync opportunities need to be taken – picking the wrong deals or too many can lead to overexposure and cheapen the product.

Again having a competent publishing administrator to monitor and collect from all these sources is essential.

The two primary sources of income for a music publisher are:

• Monies that come as some form of mechanical royalties from record sales- physical and digital (including streaming). And…
• Revenues made from broadcast performances (i.e., performance royalties).

Typically, publishing contracts are deals where the copyrights are co-owned 50/50. The money in these deals is usually calculated at around 75/25 in favour of the songwriter/composers.

The songwriter(s) gets 100% of the 50% “writer’s share” and 50% of the 50% “publisher’s share”. This makes for a total of 75% of the revenues.

What is PRS

Here in the UK, the MCPS (who are a part of PRSforMusic) collects mechanical royalties and distributes them accordingly. Performance royalties are collected by PRS and PPL in the UK and other performance right organisations across the world such as SACEM, ASCAP, BMI, SESAC. They are then distributed by those performing rights organisations to the publisher(s) and the songwriter(s).

It is advised that if you are a composer, sign up to a collection society so that your rights can be easily monitored and protected. There is a one-off membership fee of £100 to become a member of PRS, it, therefore, makes sense to join when you expect the annual use of your music to generate more than this.

So make it easy – do what is best for your career and join them when you know that your work is about to get exploited and played publicly.

Music Publishing Series: How to Protect and Exploit Your Music.

Elle Erinle  I am a non-stop entrepreneur with creative tendencies! I write I sing; I design, I strategise! I am a born and bred Londoner, but my heart is in my homeland; Nigeria.

As a politics graduate, my background is in policy and campaigns, and my most recent campaign was for the Nigerian presidential campaign. Music is, however, my passion, I have been songwriting since I was 7!

By day I am a music licensing consultant at PRSforMusic, I am also the COO at TunedayUK a music app company funded by Virgin, and Founder of Laude London – where I work with other music professionals to manage and consult artists, on their royalties, sync requests and I write and A&R upon request!

I offer this and more at my firm Laude London, if you would like support with publishing, sync placement, branding, A&R, contact Laude London at www.laudelondon.com or email me at elleerinle@laudelondon.com.

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Music Publishing Series: How to Protect and Exploit Your Music