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Publishing Agreements

Publishing agreements are an important process in the distribution of music worldwide. Songwriters and music publishers sign these agreements so that both parties may earn money in the process of licensing copyrighted songs to various media outlets. There are several types of publishing agreements. Both songwriters and publishers have certain obligations to the other party in music publishing agreements.
  1. Function

    • Music publishers and songwriters sign publishing agreements for mutual benefits. The songwriter signs his copyrighted songs over to the publisher in exchange for the publisher's access to various media outlets to promote and license the songs. Music publishers negotiate fees with these various outlets (TV, radio, etc.) for the ability to be able to use the songwriter's music. The publisher and songwriter split the royalties earned as prescribed in the publishing agreement.

    Types

    • According to Songstuff, there are seven types of music publishing agreements: single song, exclusive songwriter, co-publishing, administration, collection, sub-publishing and purchasing agreements. Single song agreements usually consist of a 50/50 split of royalties earned between the songwriter and publisher for one or more songs. When a music publisher sees a lot of promise in a songwriter, it will sometimes sign an exclusive songwriter agreement, granting a songwriter an advance in exchange for any songs she writes during the contact period. The songwriter pays back the advance from royalties earned on her projected hit songs.

    Time Frame

    • Music publishing agreements often vary in their duration. A contract may specify a certain length of time, such as a calendar year, or until the songwriter has delivered a set number of songs to the publisher.

    Tracking Royalties

    • In a music publishing agreement, a music publisher promises to collect all the royalties earned by licensing a songwriter's music to whichever media outlet it can. The music publisher monitors the usage of the songwriter's music to ensure that proper payment is made. The music publisher is responsible for making timely payments to the songwriter. It is also responsible for taking legal action against any entity which uses a songwriter's music without the proper license.

    Promotion

    • In a music publishing agreement, a music publisher makes a commitment to the songwriter that it will actively promote his music to record labels, performers, broadcasters and other businesses which use music commercially. This is part of the publisher's job and a music publisher that really wants to make money would do this for its own benefit as well. A music publisher will often agree to support its developing songwriters, helping them find facilities to record in and offering advice as to how to break into different markets.

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