Re: Music Publishing

From: Brock Shinen <brock[_at_]frenzellaw.com>
Date: Thu, 28 Aug 2003 16:35:14 -0400

"Music Publishing" is the business of getting songs recorded or "placed."
"Published" under copyright law (although it is not publication that
"secures one's copyright in the music"), is the act of putting the song to

market, i.e., selling records, selling sheet music, etc.

Once the hypothetical band puts the music in a tangible form (i.e., records it), it is protected by copyright. Once they register it with the US Copyright Office, it gains federal protection. There would be no need to have the band "release" the music prior to signing with the DVD company, since they gain nothing in the way of protection by doing that. The best course of action would be to register the music with the Copyright Office, then sign the deal with the DVD company.

50% is very common among music publishers. What this means is that the music publisher takes 50% of everything the song generates; the songwriter(s) gets the other 50%. Keep in mind, however, that music publishing revenue is based on the song itself, not on the recording. Thus, every time a record is sold for $16.99, a songwriter of one song on the album isn't going to make more than $.04. Also keep in mind that there is no real standard royalty rate for songs used in other mediums, i.e., DVD, so it will be up to the band or its manager or lawyer to negotiate a fair amount.

A music publisher's role is to get the song placed. That generally means recorded on an album, but should also include placement in television and film. There are many many pitfalls involved in music publishing contracts. One of the key pitfalls is that the music publisher generally has the obligation to record the song once, leaving the song tied to a contract for its term, without the possibility for generating income.

Music publishing is an intricate business that most people (lawyers included, unless they regularly practice in this area) do not have a grasp of. I've been in it for about eight years, setting up music publishing companies, as a music publisher, as an administrator, a consultant, and now, as an attorney. Be careful.

Brock

On 8/28/03 11:09 AM, "RadioEsq[_at_]aol.com" <RadioEsq[_at_]aol.com> wrote:

> What is the difference between "music publishing" and publication that secures
> one's copyright in the music?
>
> A band who writes their own songs is in a position where a DVD producer wants
> to use their songs on a new DVD. The band took steps to look into getting
> their songs published first so that they officially owned the rights to them,
> so that if the songs are used on the DVD they own rights in the music. The
> music publishing company that they went to gave them a contract that they said
> was standard in the sense that they (Music Publishing Co.) want to own 50% of
> the songs published.
>
> Is a music publisher's request for 50% ownership to "publish" another's songs
> be considered "standard"? 50% ownership to publish a songs seems a bit high,
> yes? What's entailed in publishing music?
>
> Any thoughts and links to educate me on this topic would be appreciated.
Received on Fri Aug 29 2003 - 00:35:14 GMT