It is likely that your mother can name at least one record label... What about a music publisher? It probably is mission impossible!

That's the reason why many people will be surprise to know that publishing is one of the most lucrative industry sub sector!

WHAT IS A PUBLISHER ?

Unlike record companies, the publishers do not attempt to establish a link with the public. So what do they do then ?

Years ago, publishers used to distribute music sheets to the consumer but nowadays, their role has evolved. In 2015, a publisher is a company that has developed a specialization in the acquisition and exploitation of copyrights.

They do not sign artists; do not record albums nor video clips. Instead, the publishers sign composers and collect the money generated by the use of their songs. Occasionally, they will try to synch the songs in advertising, film or television. In short, the publisher is that sort of bridge between the composer and the industry.

One of the publisher's roles is to harvest money due to the composers for the use of their songs. These revenues can be generated different ways:

- Use of songs in a recording that is sold to the public

- Use of songs in a recording that is synched in an advertisement

- Use of songs in a recording that is synched in a television program or a movie

- Use of songs in a radio broadcasts

- Use of songs during a public performance

THE PUBLISHING CONTRACT



Although every contract is different, there are several terms common to the industry. Here they are:

​​1) The Number of Songs

This is often a proportion of songs for a particular album ; EP or any other compilation of songs.

For example, a band is signed to a record company and the main composer Tommy is also signed to a Publisher. Tommy's contract could specify that he must write 40% of the songs from the upcoming album of his group.

2) The Option

This term may seem similar to one of a record company. The option consists of a period over which the publisher gets exclusive rights to the entire new songs written by the composer.

For example, Tommy's contract could specify that over a period of 5 years, the exclusive rights to all new songs he writes belong to the Publisher.

3) The Proportion of Royalties

The contract will include a way of dividing the royalties between the publisher and composer.

For example, Tommy's contract could specify that the way to divide the royalties is 75/25. In this case, the Publisher would receive 25% of royalties and Tommy would keep 75%.

4) The Advance

Most contracts include a form of advance. This is an amount guaranteed in advance on future royalties owed to the composer. The advance is normally paid in two portions. Usually, the first portion is paid when signing the contract while the later is paid when the composer has fulfilled its obligation and submitted the entire songs required by the contract.

For example, Tommy's contract could include an advance of $ 5,000. $ 2,500 upon signing the agreement and $ 2,500 when 40% of the songs from the upcoming album of his group are given to the Publisher.

5) Exclusivity

Normally, a contract with a publisher is exclusive. This means that the composer cannot write for another Publisher for the duration of his contract. That said, sometimes, the contract might specify that the Publisher only controls the rights to specific songs or albums. In this case, the composer can also write for another Publisher.

For example, Tommy's contract could specify that he must write 40% of the songs from the upcoming album of his group. In this case, since the contract specifies a particular album, he could also write for another Publisher.

6) The Territories

Most Publishers will try to sign the international exclusive rights of the songs of the composer. If not, the contract will specify a territory (Europe, North America, etc.)

For example, Tommy's contract could specify that the Publisher holds the rights to his songs in Europe.

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