Publishing rights?

[adorian]

I need a bit of an explanation on publishing rights.

What I am writing about is that my band has been offered a publishing deal with someone that is just starting in the business.

What should we be looking for?

We currently have a few songs on radio and are getting favorable reviews, we own our publishing but haven't signed with BMI, ASCAP or SESAC. Should we do that as what I understand they own your publishing rights and collect on your behalf by first keeping a fee.

I'd appreciate more detail if anyone can help.

What should we expect from a publisher?

[richiebee]

I know everyone has to start somewhere, but I wouldn't sign a publishing deal with someone without a track record for success.

[TonyB]

What richiebee said. Since it's a new publishing company, check to see if anyone in the company has had success in a previous publishing company.

How new are they? Publishing companies come and go, but it doesn't necessarily mean that they are "total newbs."

Someone may have been successful in a publishing company, but may have recently branched out on his own.

The bottom line is: Does that publisher have any connections or active networking to effectively pitch your material. The biggest payback from a publishing company is that they can get your material in the doors of folks who can do something with your material.

If the publisher is so new that they don't have any connections to pitch your material, other than local record/coffee shops, then you may need to find another publisher.

[garageband]

haven't signed with BMI, ASCAP or SESAC.

You will need to do this. Consider it like joining a union. They are huge entities that will enforce your publishing rights. Consider having 66% of something versus 100% of nothing.

[TonyB]

Originally Posted by garageband

You will need to do this. Consider it like joining a union. They are huge entities that will enforce your publishing rights. Consider having 66% of something versus 100% of nothing.

Oh, yeah, I overlooked that. As GB said....become a member of them.

[adorian]

BMI, ASCAP and Sesac? What are your thoughts on these?

Do you know when you join if you have to explain yourself where you put your music? Say you're hosting it on your site and you have a few free d/loads - do you have to pay them royalties? If I posted it here - would Brandon have to pay them royalties?

Looks like the guy (publisher) is without track success and doesn't have industry connections. He's offering us studio time so it might not be so bad. I am thinking of making it a short term deal - 6 months to a year to see if he can do something with it.

Is there a way to do non-exclusive publishing deal? Basically - what you work out you get % out of but we're also shopping it ourselves?

[TonyB]

Originally Posted by adorian

Is there a way to do non-exclusive publishing deal? Basically - what you work out you get % out of but we're also shopping it ourselves?

Yes, it's called a co-publisher contract.

Here's one I've used in the past.... simple, basically says publisher receives 25%. ....

===========

CO-PUBLISHING CONTRACT (25/75)

CO-PUBLISHING AGREEMENT made this ______ day of ________________ 20_______,
in by the First Party: and the Second Party:

FIRST PARTY AND SECOND PARTY AGREE to co-publish together a musical composition entitled: , words and music written by: __________________________________________________ ______________.


1. First Party and Second Party agree to CO-PUBLISH the composition on a twenty-five/seventy-five (25-75) basis: First Party to receive fifty (25%) percent, and Second Party to receive fifty (75%) percent of any and all of the publishing receipts of said composition, SUBSEQUENT TO PAYMENT of all writer royalties; costs of COPYRIGHT and USAGE REGISTRATION; printing and any and all miscellaneous, normal expenses incurred in behalf of said composition. Any extraordinary expenses will not be incurred by either party without the written consent of the other; (i.e., advertising, publicity, promotional expenses).

2. Public Performance Rights in and to the composition will be assigned to and licensed by BROADCAST MUSIC, INC. BMI is here authorized to pay directly to each of the publishers the following: (a) First Party, 25%; (b) Second Party, 75%.

3. The composition is to be copyrighted in the joint names of the parties hereto, and the composition's joint ownership, under the terms of this agreement, shall be for the life of the copyright and of any renewal of the copyright and of any renewal terms anywhere in the world. Sheet music, folios, record labels, orchestrations, and all other printed material concerning the composition shall bear the names of both publishers.

4. Second Party agrees that First Party shall issue all licenses for the mechanical reproduction, and synchronization uses of said composition throughout the world, and for sub-publication rights to said composition throughout the world in behalf of both parties.

5. It is further agreed that First Party shall be held accountable to Second Party and the composer(s), and First Party agrees to make statements and payments to Second Party and composer(s), within forty-five (45) days after June 30th and December 31st of each calendar year.


FIRST PARTY: Eclectic House Publishing (Division of Guest House Studios, LLC)

SECOND PARTY:

WITNESS:

[TonyB]

Originally Posted by adorian

He's offering us studio time so it might not be so bad. I am thinking of making it a short term deal - 6 months to a year to see if he can do something with it.

Most times the publisher will include studio time. However, the studio time is usually paid back from the royalties pot. So be careful.

It sounds like this small studio is trying to get some legitimate business to establish a track record.

The way it normally works is that either the artist/band manager and/or publisher will front the costs for producing a CD (i.e., studio costs, CD production, duplication, distribution, marketing, etc). However, those costs are usually re-couped from the royalties. Depending on how the contract is written it can come out of the publisher's, artist's, or both royalties.

Also, the publisher usually picks up the tab for copyrighting the songs.

It sounds like you'd be entering a co-publisher agreement where you'll be helping each other. Requires some trust between the parties.

[adorian]

"Trust between the parties" - last thing I can do after so many years in music

[TonyB]

Originally Posted by adorian

"Trust between the parties" - last thing I can do after so many years in music

Yeah, I guess I should've put that in quotes as well!

It's tough to read honest intentions in the music biz. I've been scammed a few times myself.