Music Publishing Basics: Understanding Song Rights

Music publishing concerns the rights to musical compositions—the underlying songs as opposed to specific recordings. Understanding publishing basics helps musicians navigate copyright, licensing, and royalty collection. Proper publishing management ensures artists receive compensation for their creative work.

Understanding Publishing Rights

Composition versus recording distinguishes publishing from masters. Songs (composition) are separate from recordings of songs (masters).

Copyright automatically exists upon creation. Once a song is created in tangible form, copyright exists without registration.

Registration provides legal benefits. While copyright exists automatically, registration with copyright offices provides legal advantages.

Songwriters own publishing unless assigned. Creators hold publishing rights until they transfer them.

Publishing Revenue Streams

Performance royalties generate when songs are publicly performed. Radio play, venue performances, streaming, and other public performances generate royalties.

Mechanical royalties generate from reproductions. Physical copies, downloads, and streaming trigger mechanical royalty payments.

Synchronization fees come from media licensing. Pairing songs with visual media generates sync licensing income.

Print royalties come from sheet music. Physical and digital sheet music sales generate publishing revenue.

Performance Rights Organizations

PROs collect performance royalties. ASCAP, BMI, and SESAC in the United States collect on behalf of songwriters and publishers.

Registration is necessary for collection. Songs must be registered with PROs to collect performance royalties.

Exclusive membership means choosing one PRO. Songwriters affiliate with one PRO; different songs cannot be with different PROs.

International collection happens through agreements. PROs have reciprocal agreements to collect royalties internationally.

Mechanical Royalty Collection

Mechanical royalties have different collection paths. Physical and download mechanicals work differently from streaming mechanicals.

Harry Fox Agency handles traditional mechanical licensing. Physical and download mechanical licenses often go through HFA.

Mechanical Licensing Collective handles streaming in United States. MLC collects and distributes streaming mechanical royalties.

Registration ensures payment. Proper registration with collection organizations ensures mechanical royalty payment.

Publishing Administration

Administration handles paperwork and collection. Publishing administrators manage registrations, licensing, and royalty collection.

Self-administration is possible but demanding. Managing own publishing requires attention to registration and collection details.

Administration deals provide services without rights transfer. Publishing administrators take percentage for collection services without owning rights.

Publishing deals often include administration. Traditional publishing arrangements include administrative services.

Publishing Deals

Traditional publishing deals involve rights assignment. Publishers receive ownership or control of publishing rights in exchange for services.

Co-publishing deals split ownership. Artist and publisher share publishing rights, typically fifty-fifty.

Administration deals keep ownership with artist. Publishers provide services for fee without taking ownership.

Advance payments may accompany deals. Some publishing deals include upfront payments recouped from royalties.

Term and reversion provisions define deal duration. Understanding how long deals last and when rights revert matters.

Sync Licensing Through Publishing

Publishers often handle sync representation. Finding sync placements is common publishing service.

Approval rights may be retained by songwriters. Depending on deals, writers may have say in sync licensing decisions.

Revenue split depends on deal terms. How sync fees divide between writer and publisher varies by agreement.

Self-Publishing Considerations

Maintaining ownership preserves control. Self-publishing keeps all rights and revenue with the creator.

Administrative burden falls on creator. Collection, registration, and licensing management require attention.

Opportunities may be more limited. Publishers bring relationships and placements independent artists may lack.

Hybrid approaches combine self-publishing with services. Using administrators or limited deals balances control with support.