Understanding Music Publishing

September 1st, 2009 marked the no music day in Nigeria, a strategy to further strengthen the anti piracy campaign spear headed by a coalition of groups and stakeholders in the Nigerian music industry. Even though most of the media houses failed to co-operate with the coalition, it clearly exhibited how difficult it is to exist without music. This is the main reason why the intellectual rights of the musicians churning out these songs should be adequately protected.
Along the line, Rhythm & Sounds realized that so many artistes didn’t understand music publishing. The most surprising aspect of it all is that the CEOs of the many mushroom record labels springing up at the moment in the music industry are completely ignorant of this topic. Since the music industry is approaching a stage where any music played on air or used by any organisation will be paid for, it is important that music practitioners understand the importance of publishing in music business.
Successful songwriters and composers have a relationship with a publishing company which is defined by a publishing contract. The publisher agrees to see to it that the composers receive royalties from various uses of their compositions. They also provide substantial advances against future income. In return, the publishing company receives a percentage, which can be as high as 50% and varies for different kinds of royalties.
As a songwriter, you earn money by licensing your songs for various uses, and collecting the corresponding license income. This process of generating income from your song writing is music publishing. To understand music publishing, you should understand the distinction between a song and a sound recording. A melody and any accompanying lyrics make up the song or the musical work which is the term used by the Copyright Act to refer to a song while a sound recording is the recorded performance of a song. You should also understand the exclusive rights a copyright owner holds to his songs and sound recordings.
While some songwriters choose to handle their own music publishing, many songwriters work with a music publishing company. Music publishing companies are important in at least three areas. Naturally, their most important function is marketing and promoting your songs. Secondly, the music publishing company handles all the administrative paperwork involved with copyrighting, licensing and collecting royalties for your songs. Finally, a music publishing company may help you develop as a songwriter by finding other songwriters and lyricists with whom you can collaborate.
You've written a song. You've carefully prepared it in manuscript form. You've researched potential music publishing companies and submitted accordingly. Now the moment you've been waiting for arrives: You've been offered a contract! But that contract as well as your verbal negotiations with the publisher is filled with words you're not quite sure you understand. That's when you realize the importance of researching music publishing key terms.
Fortunately, no publisher expects songwriters to be fully versed in legalese. There's absolutely nothing wrong with asking for a clarification of terms. But you shouldn't rely solely on the publisher's explanations. If you want a fair contract, it's important to educate yourself first. It is significant you know the three main types of music publishing terms which are used to describe rights, there are words a music publishing company uses to explain contractual obligations and miscellaneous, terms that may be tossed your way.
There are a wide variety of rights a songwriter may sell, and it's vital to understand all terms related to this part of the business. Some of the most common terms used regarding rights include 'blanket license' (referring to rights given by a songwriter's group authorizing performances of a particular song), 'mechanical license' (allowing the recording and distribution of a song on CD) and 'print license' (allowing a music publisher to print and distribute a piece of music).
Although no one expects this to be your area of expertise, songwriters should at least have a basic understanding of certain fundamental contractual terms used by publishing companies. These include 'advance' (money paid to songwriter by a publisher; the publisher then keeps all royalties earned from the song writer's music until the advance is paid off), 'mechanical royalties' (paid to publishers and songwriters for the right to record music), 'synchronisations royalty' (paid when music is used for a film, television program or commercial) and 'work made for hire' (music created by an employee as part of a job or any music that is commissioned; in these cases, the songwriter does not own the copyright to the work).
The miscellaneous terms you may come across while getting your music published in printed form are 'collective work' (referring to a collection of songs copyrighted by several individuals), 'compilation' (a collection of songs that may be copyrighted by one or more individuals) and 'derivative' (a piece of music based on one or more pre-existing songs).
No matter how educated you are about sheet music publishing and music publishing contracts, never neglect to hire an attorney to review anything you're considering signing. Be sure the attorney specializes in entertainment law since music industry contracts are highly specialized.