Music publisher
Encyclopedia
In the music industry, a music publisher (or publishing company) is responsible for ensuring the songwriter
s and composer
s receive payment when their composition
s 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 license
s 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, film
and television
.
The term originally referred to publishers of sheet music
. In the late 19th century sheet music was the primary commercial use of musical compositions. Today, the two businesses have diverged, and the large companies known as "music publishers" typically are no longer in the business of producing printed music.
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 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.
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. Synchronization royalties are required when a composition is used in a film or television soundtrack. These royalties typically pass through the hands of a music publisher before they reach the composer.
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 soundtrack
s 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.
and Phil Spector
), and occasionally a publisher will insist on writer's credit (as Morris Levy
did with several of his acts); these practices are listed in descending order of scrupulousness, as regarded by the music industry.
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 profit not on royalties from sales, but by charging inexperienced writers for "services" (some real, such as demo
recording or musical arranging, some fictional, such as "audition" or "review" fees) a legitimate publisher would provide without cost to the writer, as part of their job. (By comparison, a bonafide publisher who charges admission to a workshop
for writers, where songs may be auditioned or reviewed, isn't wrong to do so.)
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, financially 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, Love's uncle, and the band's 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 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 Britain's 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 group's 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 writer's royalties. (George Harrison
and Ringo Starr
retained minority holdings in the company.)
The sale of one's publishing and copyrights can also be liberating, depending on the circumstances. Singer-songwriter Laura Nyro
sold her publishing in her early twenties, and was able to devote herself to purely artistic efforts. Jimmy Webb was a staff 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 difficult financial 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. Porter Wagoner
and Janis Ian
each ran into financial trouble due to mismanagement, and were only able to avoid bankruptcy by selling their publishing. (Wagoner, who'd sold his to former protégé Dolly Parton
, was able to recover it from her later.)
Songwriter
A songwriter is an individual who writes both the lyrics and music to a song. Someone who solely writes lyrics may be called a lyricist, and someone who only writes music may be called a composer...
s and composer
Composer
A composer is a person who creates music, either by musical notation or oral tradition, for interpretation and performance, or through direct manipulation of sonic material through electronic media...
s receive payment when their composition
Musical composition
Musical composition can refer to an original piece of music, the structure of a musical piece, or the process of creating a new piece of music. People who practice composition are called composers.- Musical compositions :...
s are used commercially. Through an agreement called a publishing contract
Publishing contract
A publishing contract is a legal contract between a publisher and a writer or author , to publish written material by the writer or author...
, a songwriter or composer "assigns" the copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
of their composition to a publishing company. In return, the company license
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
s compositions, helps monitor where compositions are used, collects royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
and distributes them to the composers. They also secure commissions for music and promote existing compositions to recording artists, film
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
and television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
.
The term originally referred to publishers of sheet music
Music publisher (sheet music)
The term music publisher originally referred to publishers who issued printed sheet music....
. In the late 19th century sheet music was the primary commercial use of musical compositions. Today, the two businesses have diverged, and the large companies known as "music publishers" typically are no longer in the business of producing printed music.
The copyrights owned and administered by publishing companies are one of the most important forms of intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
in the music industry. (The other is the copyright on a master recording
Master recording
A multitrack recording master tape, disk or computer files on which productions are developed for later mixing, is known as the multi-track master, while the tape, disk or computer files holding a mix is called a mixed master.It is standard practice to make a copy of a master recording, known as...
which is typically owned by a record company.) Publishing companies play a central role in managing this vital asset.
The music publisher's role
Successful songwriters and composers have a relationship with a publishing company defined by a publishing contractPublishing contract
A publishing contract is a legal contract between a publisher and a writer or author , to publish written material by the writer or author...
. The publisher agrees to see to it that the composers receive royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
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.
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
Harry Fox Agency
The Harry Fox Agency is the United States of America's largest agency collecting and distributing mechanical license fees on behalf of music publishers.-External links:*...
as well as through American Mechanical Rights Agency in the U.S.). Performance royalties are collected by performance rights organizations such as SESAC
SESAC
SESAC, originally the Society of European Stage Authors & Composers, is the smallest of the three performance rights organizations in the United States. SESAC was founded in 1930, making it the second-oldest performing rights organization in the U.S. SESAC is also the fastest-growing PRO in the...
, BMI
Broadcast Music Incorporated
Broadcast Music, Inc. is one of three United States performing rights organizations, along with ASCAP and SESAC. It collects license fees on behalf of songwriters, composers, and music publishers and distributes them as royalties to those members whose works have been performed...
, ASCAP or PRS and are paid by radio stations and others who broadcast recorded music. Synchronization royalties are required when a composition is used in a film or television soundtrack. These royalties typically pass through the hands of a music publisher before they reach the composer.
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 soundtrack
Soundtrack
A soundtrack can be recorded music accompanying and synchronized to the images of a motion picture, book, television program or video game; a commercially released soundtrack album of music as featured in the soundtrack of a film or TV show; or the physical area of a film that contains the...
s and commercials. They will typically also handle copyright registration
Copyright registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government...
and "ownership" matters for the composer. Music print publishers also supervise the issue of songbooks and sheet music
Sheet music
Sheet music is a hand-written or printed form of music notation that uses modern musical symbols; like its analogs—books, pamphlets, etc.—the medium of sheet music typically is paper , although the access to musical notation in recent years includes also presentation on computer screens...
by their artists.
Publishing disputes
Traditionally, music publishing royalties are split fifty/fifty, with half 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 co-writer's 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 artist's manager or producer will expect a co-credit or share of the publishing (as with Norman PettyNorman Petty
Norman Petty was an American musician, songwriter, and pioneer record producer who helped shape modern popular music, including pop and rock....
and Phil Spector
Phil Spector
Phillip Harvey "Phil" Spector is an American record producer and songwriter, later known for his conviction in the murder of actress Lana Clarkson....
), and occasionally a publisher will insist on writer's credit (as Morris Levy
Morris Levy
Morris Levy was an American music industry executive, best known as the founder and owner of Roulette Records...
did with several of his acts); these practices are listed in descending order of scrupulousness, as regarded by the music industry.
The most unscrupulous type of music publisher is the songshark
Songshark
Songshark is a slang term for a dishonest music publisher, whose main source of income is the naivete of new songwriters, whom they charge for services a reputable publisher would provide free to their clients....
, who does little if any real "legwork" or promotion on behalf of songwriters. Songsharks make their profit not on royalties from sales, but by charging inexperienced writers for "services" (some real, such as demo
Demo (music)
A demo version or demo of a song is one recorded for reference rather than for release. A demo is a way for a musician to approximate their ideas on tape or disc, and provide an example of those ideas to record labels, producers or other artists...
recording or musical arranging, some fictional, such as "audition" or "review" fees) a legitimate publisher would provide without cost to the writer, as part of their job. (By comparison, a bonafide publisher who charges admission to a workshop
Workshop
A workshop is a room or building which provides both the area and tools that may be required for the manufacture or repair of manufactured goods...
for writers, where songs may be auditioned or reviewed, isn't wrong to do so.)
Rock-n-roll pioneer Buddy Holly
Buddy Holly
Charles Hardin Holley , known professionally as Buddy Holly, was an American singer-songwriter and a pioneer of rock and roll...
split with longtime manager Norman Petty over publishing matters in late 1958, as did the Buckinghams
The Buckinghams
The Buckinghams are an American Sunshine Pop band from Chicago, Illinois. They formed in 1966 and went on to become one of the top selling acts of 1967. The band dissolved in 1970 but reformed in 1980 and continue to tour throughout the United States....
with producer James William Guercio almost a decade later. John Fogerty
John Fogerty
John Cameron Fogerty is an American rock singer, songwriter, and guitarist, best known for his time with the swamp rock/roots rock band Creedence Clearwater Revival and as a #1 solo recording artist. Fogerty has a rare distinction of being named on Rolling Stone magazine's list of 100 Greatest...
of Creedence Clearwater Revival
Creedence Clearwater Revival
Creedence Clearwater Revival was an American rock band that gained popularity in the late 1960s and early 1970s with a number of successful singles drawn from various albums....
was sued by his former publisher Saul Zaentz
Saul Zaentz
Saul Zaentz is an American film producer and former record company executive. He has won the Academy Award for Best Picture three times and in 1996 was awarded the Irving G. Thalberg Memorial Award....
(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, financially and emotionally. R&B legend Little Richard
Little Richard
Richard Wayne Penniman , known by the stage name Little Richard, is an American singer, songwriter, musician, recording artist, and actor, considered key in the transition from rhythm and blues to rock and roll in the 1950s. He was also the first artist to put the funk in the rock and roll beat and...
was largely cheated on his music publishing and copyrights, as were many performers. Brian Wilson
Brian Wilson
Brian Douglas Wilson is an American musician, best known as the leader and chief songwriter of the group The Beach Boys. Within the band, Wilson played bass and keyboards, also providing part-time lead vocals and, more often, backing vocals, harmonizing in falsetto with the group...
and Mike Love
Mike Love
Michael Edward "Mike" Love is an American singer/songwriter and musician with The Beach Boys. He was a founding member of the band along with his cousins Brian, Carl, and Dennis Wilson, and their friend Al Jardine, and continues to perform with the band to the present day...
of The Beach Boys
The Beach Boys
The Beach Boys are an American rock band, formed in 1961 in Hawthorne, California. The group was initially composed of brothers Brian, Dennis and Carl Wilson, their cousin Mike Love, and friend Al Jardine. Managed by the Wilsons' father Murry, The Beach Boys signed to Capitol Records in 1962...
were crushed to learn that Murry Wilson
Murry Wilson
Murry Gage Wilson was an American musician and record producer, best remembered as the father of The Beach Boys members Brian Wilson, Dennis Wilson, and Carl Wilson, uncle of bandmate Mike Love, and the husband of Audree Wilson...
(father to three of the Beach Boys, Love's uncle, and the band's music publisher) had sold their company Sea of Tunes
Sea of Tunes
Sea of Tunes was a music publishing company, founded in 1962 by Murry Wilson, father to three of the Beach Boys , and uncle of another member , to publish and promote the original songs written by Brian and Mike....
to A&M Records
A&M Records
A&M Records is an American record label owned by Universal Music Group that operates under the mantle of its Interscope-Geffen-A&M division.-Beginnings:...
during 1969 for a fraction of what it was worth – or earned in the following years.
A large factor in the Beatles' breakup was when their publisher Dick James
Dick James
Dick James , born Reginald Leon Isaac Vapnick, was a music publisher and the founder of the DJM record label and recording studios, as well as The Beatles' publisher Northern Songs.-Early life:...
sold his share of Northern Songs
Northern Songs
Northern Songs was a company founded in 1963, by music publisher Dick James, Brian Epstein, John Lennon and Paul McCartney, to publish songs written by Lennon and McCartney , as well as songs written by George Harrison and Ringo Starr, who were all members of The Beatles...
, the company they'd formed with him in 1963 (then taken public in 1967, with shares trading on the London Stock Exchange
London Stock Exchange
The London Stock Exchange is a stock exchange located in the City of London within the United Kingdom. , the Exchange had a market capitalisation of US$3.7495 trillion, making it the fourth-largest stock exchange in the world by this measurement...
), to Britain's Associated TeleVision (ATV
Associated TeleVision
Associated Television, often referred to as ATV, was a British television company, holder of various licences to broadcast on the ITV network from 24 September 1955 until 00:34 on 1 January 1982...
) in 1969. Neither the Beatles nor managers Lee Eastman
Lee Eastman
Lee Eastman, born Leopold Vail Epstein, was a New York show business attorney, and art collector the son of Louis and Stella Epstein. His sisters were Emmaline and Rose...
and Allen Klein
Allen Klein
Allen Klein was an American businessman, talent agent and record label executive. His clients included The Beatles and The Rolling Stones.- The accountant :...
were able to prevent ATV from becoming majority stockholders in Northern Songs, whose assets included virtually all the group's song copyrights. Losing control of the company, John Lennon
John Lennon
John Winston Lennon, MBE was an English musician and singer-songwriter who rose to worldwide fame as one of the founding members of The Beatles, one of the most commercially successful and critically acclaimed acts in the history of popular music...
and Paul McCartney
Paul McCartney
Sir James Paul McCartney, MBE, Hon RAM, FRCM is an English musician, singer-songwriter and composer. Formerly of The Beatles and Wings , McCartney is listed in Guinness World Records as the "most successful musician and composer in popular music history", with 60 gold discs and sales of 100...
elected to sell their share of Northern Songs (and thus their own copyrights), while retaining their writer's royalties. (George Harrison
George Harrison
George Harrison, MBE was an English musician, guitarist, singer-songwriter, actor and film producer who achieved international fame as lead guitarist of The Beatles. Often referred to as "the quiet Beatle", Harrison became over time an admirer of Indian mysticism, and introduced it to the other...
and Ringo Starr
Ringo Starr
Richard Starkey, MBE better known by his stage name Ringo Starr, is an English musician and actor who gained worldwide fame as the drummer for The Beatles. When the band formed in 1960, Starr was a member of another Liverpool band, Rory Storm and the Hurricanes. He became The Beatles' drummer in...
retained minority holdings in the company.)
The sale of one's publishing and copyrights can also be liberating, depending on the circumstances. Singer-songwriter Laura Nyro
Laura Nyro
Laura Nyro was an American songwriter, singer, and pianist. She achieved considerable critical acclaim with her own recordings, particularly the albums Eli and the Thirteenth Confession and New York Tendaberry, and had commercial success with artists such as Barbra Streisand and The 5th...
sold her publishing in her early twenties, and was able to devote herself to purely artistic efforts. Jimmy Webb was a staff 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 difficult financial 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. Porter Wagoner
Porter Wagoner
Porter Wayne Wagoner was a popular American country music singer known for his flashy Nudie and Manuel suits and blond pompadour. He introduced the young Dolly Parton near the beginning of her career on his long-running television show, and they were a well-known duet throughout the late 1960s and...
and Janis Ian
Janis Ian
Janis Ian is an American songwriter, singer, musician, columnist, and science fiction author. Ian first entered the folk music scene while still a teenager in the mid-sixties; most active musically in that decade and the 1970s, she has continued recording into the 21st century...
each ran into financial trouble due to mismanagement, and were only able to avoid bankruptcy by selling their publishing. (Wagoner, who'd sold his to former protégé Dolly Parton
Dolly Parton
Dolly Rebecca Parton is an American singer-songwriter, author, multi-instrumentalist, actress and philanthropist, best known for her work in country music. Dolly Parton has appeared in movies like 9 to 5, The Best Little Whorehouse in Texas, Steel Magnolias and Straight Talk...
, was able to recover it from her later.)
External links
- Interview with Universal Music publishing executive
- Digital Publishing Standard Digital Publishing Standard by Gebre Waddell of Stonebridge Mastering (regularly updated)
- Music Publisher information
- Starting A Music Publishing Company