Photo by Natalie Perea on Unsplash

For the longest time, writing music and recording music were mutually exclusive. Historically speaking, music was written by composers (through sheet music) and was performed by artists. Today though, many artists write their own music, one of the major exceptions being pop stars, who usually ‘co-write’ their songs with a prominent songwriter. (Who are you kidding?)

For example: Dan Wilson wrote Adele’s hit song Someone Like You. (I mean co-authored)

What role does a publisher play?

A music publisher helps the songwriter control the uses of the musical work that he has created and to derive financial benefit from such uses.

Despite the many problems the recorded music industry has faced, the publishing industry has weathered most of these setbacks and has stayed strong in terms of revenue over the past decade.

This is probably because the copyright for a musical work is much more comprehensive compared to the copyright for a sound recording.

Just to recap:

Copyright for a musical work is possessed by songwriter(s) and/or their publisher.

Copyright for a sound recording is possessed by the artist and/or their Record Label.

Once you have written a song and assigned your rights to a music publisher, you can leverage their widespread network to help you place your music through some of the channels I’ve mentioned below:

1) Sound Recordings:

Through a mechanical license which essentially entitles the license holder to reproduce the composition through a sound recording.

2) Cinematographic Films:

In a cinematographic film through a synchronization license. A big production house may want your song for their next superhero movie, and will have to acquire sync rights to your song through you or your publisher.

3) Public Performances:

Public performance entails a live performance and also streaming on any interactive service (Spotify, Apple Music etc.) or non interactive service. (NPR, Pandora etc.)

Types of Publishing Agreements:

There are primarily three kinds of publishing deals you can enter into, depending on your experience as a songwriter and your clout in the scene:

1) Standard Deal:

In a standard publishing deal, you assign 100 percent of the copyright to the music publisher for a 50 – 50 split of the revenue generated. This is the standard deal that any up and coming songwriter signs. After assignment, the publisher has the right to license the copyright for any purpose that it may deem fit, without the consent of the songwriter. Provided the songwriter is paid his share of the royalties of course.

Sounds unfair? It is. But most songwriters don’t have the network that major publishers do to get their music placed in sound recordings, movies and more.

2) Co-Publishing Deal:

Slightly more established songwriters sign co-publishing deals, where they assign 50 percent of the copyright for a 75 – 25 revenue split. Since they retain 50 percent of their rights, songwriters are said to co publish it. They are also entitled to 75 percent of the royalties earned. Unlike standard deals, songwriters and publishers make bilateral decisions regarding licensing.

Co-publishing deals are ideal because you can use the publisher’s vast network without sacrificing your decision making power.

3) Administrative Deals:

Admin deals are usually signed by highly established songwriters. In such agreements, the songwriter does not assign his copyright to the publisher. Instead, the publisher is entitled to a 10 percent share of the royalties earned for taking care of all the administrative work, which can be a pain, considering all the paperwork that any licensing deal entails.

Music Publishing in India: Practical Aspects:

Music publishing in India has traditionally been a sphere that has been dominated by songwriters who compose Bollywood hits. Publishers representing these composers sellout the rights to the composition to deep pocketed production houses for a lump sum amount which gives them not only the synchronization rights (right to use the composition in the movie) but also all of the other rights associated with a musical work. However, every licensing deal is different, and with the rise of prominent publishers and proactive collection societies, the dynamics have changed.

Music publishers and collection societies in India can ensure that songwriters are paid the royalties they deserve if an effective mechanism is established for royalty collection and distribution.

I see progressive steps being taken globally; the Music Modernization Act in America acting as a recent example and hope to see Indian legislators take enact similar provisions.