Music publisher (popular music)

2 Publishing disputes

In the music industry, a music publisher (or publishing company) is responsible for ensuring the songwriters
and composers receive payment when their compositions
are used commercially. Through an agreement called a
publishing contract, a songwriter or composer assigns
the copyright of their composition to a publishing company. In return, the company licenses compositions,
helps monitor where compositions are used, collects
royalties and distributes them to the composers. They
also secure commissions for music and promote existing
compositions to recording artists, lm and television.[1]

Traditionally, music publishing royalties are split seventy/thirty, with thirty percent going to the publisher (as
payment for their services) and the rest going to the songwriter or songwriters, as the case may be. Other arrangements have been made in the past, and continue to
be; some better for the writers, some better for the publishers. Occasionally a recording artist will ask for a cowriters credit on a song (thus sharing in both the artist and
publishing royalties) in exchange for selecting it to perform, particularly if the writer is not well known. Sometimes an artists manager or producer will expect a cocredit or share of the publishing (as with Norman Petty
and Phil Spector), and occasionally a publisher will insist on writers credit (as Morris Levy did with several of
his acts); these practices are listed in ascending order of
scrupulousness, as regarded by the music industry.

The copyrights owned and administered by publishing

companies are one of the most important forms of
intellectual property in the music industry. (The other
is the copyright on a master recording which is typically
owned by a record company.) Publishing companies play
a central role in managing this vital asset.

The most unscrupulous type of music publisher is the

songshark, who does little if any real legwork or promotion on behalf of songwriters. Songsharks make their
prot not on royalties from sales, but by charging inexperienced writers for services (some real, such as demo
recording or musical arranging, some ctional, such as
audition or review fees) a legitimate publisher would
provide without cost to the writer, as part of their job.
(By comparison, a bona de publisher who charges admission to a workshop for writers, where songs may be
auditioned or reviewed, isn't wrong to do so.)

The music publishers role

Successful songwriters and composers have a relationship

with a publishing company dened by a publishing contract. 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
dierent kinds of royalties.
There are several types of royalties: mechanical royalties
derive from the sale of recorded music, such as CDs or
digital downloads. These royalties are paid to publishers by record companies (through the Harry Fox Agency
as well as through American Mechanical Rights Agency
in the U.S.). Performance royalties are collected by
performance rights organizations such as SESAC, BMI,
ASCAP or PRS and are paid by radio stations and others
who broadcast recorded music; and are paid by venues,
event organizers for live performances of the compositions. Synchronization royalties are required when a composition is used in a lm or television soundtrack. These
royalties typically pass through the hands of a music publisher before they reach the composer.

Rock-n-roll pioneer Buddy Holly split with longtime

manager Norman Petty over publishing matters in late
1958, as did the Buckinghams with producer James
William Guercio almost a decade later. John Fogerty
of Creedence Clearwater Revival was sued by his former
publisher Saul Zaentz (who'd also served as his manager)
over a later Fogerty song that sounded slightly like a CCR
song Zaentz published. (Fogerty won in court.)
Several bands and artists own (or later purchase) their
own publishing, and start their own companies, with or
without help from an outside agent. The sale or loss of
publishing ownership can be devastating to a given artist
or writer, nancially and emotionally. R&B legend Little
Richard was largely cheated on his music publishing and
copyrights, as were many performers. Brian Wilson and
Mike Love of The Beach Boys were crushed to learn that
Murry Wilson (father to three of the Beach Boys, Loves
uncle, and the bands music publisher) had sold their company Sea of Tunes to A&M Records during 1969 for a
fraction of what it was worth or earned in the following

Publishers also work to link up new songs by songwriters with suitable recording artists to record them and
to place writers songs in other media such as movie
soundtracks and commercials. They will typically also
handle copyright registration and ownership matters for
the composer. Music print publishers also supervise the
issue of songbooks and sheet music by their artists.
1

years.
A large factor in the Beatles' breakup was when their publisher Dick James sold his share of Northern Songs, the
company they'd formed with him in 1963 (then taken
public in 1967, with shares trading on the London Stock
Exchange), to Britains Associated TeleVision (ATV) in
1969. Neither the Beatles nor managers Lee Eastman and
Allen Klein were able to prevent ATV from becoming
majority stockholders in Northern Songs, whose assets
included virtually all the groups song copyrights. Losing
control of the company, John Lennon and Paul McCartney elected to sell their share of Northern Songs (and thus
their own copyrights), while retaining their writers royalties. (George Harrison and Ringo Starr retained minority
holdings in the company.)
The sale of ones publishing and copyrights can also
be liberating, depending on the circumstances. Singersongwriter Laura Nyro sold her publishing in her early
twenties, and was able to devote herself to purely artistic
eorts. Jimmy Webb was a sta writer in his late teens
and very early twenties and therefore had sold his publishing for a weekly salary and to have his songs represented.
Webb later sold publishing of songs he still owned under
dicult nancial conditions. Billy Joel almost lost his
publishing after he used it as collateral against advances
but was able to save his compositions in a deal with his label. Rockabilly singer Sleepy LaBeef is said to have lost
his publishing in a Nashville poker game. Porter Wagoner and Janis Ian each ran into nancial trouble due to
mismanagement, and were only able to avoid bankruptcy
by selling their publishing. (Wagoner, who'd sold his to
former protg Dolly Parton, was able to recover it from
her later.)

See also
History of music publishing
Transcription (music)
List of record labels

Notes

[1] What is music publishing?". music publishers association.

References
Krasilovsky, M. William; Shemel, Sidney; Gross,
John M.; Feinstein, Jonathan (2007), This Business
of Music (10th ed.), Billboard Books, ISBN 0-82307729-2

EXTERNAL LINKS

6 External links
Starting A Music Publishing Company

Text and image sources, contributors, and licenses

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