6 Music Publishing Flashcards
What is music publishing?
“Music publishing is the owning and exploiting of
songs in the form of musical copyrights.”
what is a musical copyright ?
Copyright is a designation of intellectual property
similar to a patent or trademark. Once an original
composition has been fixed in a medium from
which it can be reproduced (having either been
recorded or written down in some fashion), the
composer is granted exclusive rights to that piece
of music, including:
the right to reproduce the song
the right to distribute the song
the right to perform the song
The right to create derivative works
One of the keys to music publishing is the fact that
every recorded piece of music has two separate
copyrights (which are not always owned or
exploited by the same persons or parties).
These two separate copyrights are:
- The composition itself — a song’s music and
lyrics, apart from any particular recording of that
composition. This copyright is owned by the
songwriter and/or publisher. - The sound recording — a particular recorded
version of a musical composition. This copyright is
owned by the recording artist and/or label.
Music publishing involves the exploitation of the
first of those forms of copyright.
Who owns your publishing
rights and how does the
money get split?
If you’re a songwriter, and you’ve not signed a
deal with a music publishing company — you do!
You are considered both the songwriter AND the
publisher. You are owed both shares (50% for
the songwriter, and 50% for the publisher) of
any mechanical royalties, performance royalties,
or licenses that your songs generate. However,
it’s up to you to exploit the copyright to your
compositions, and it’s up to you to collect the
royalty payments.
Mechanical royalties
As a songwriter/
publisher, you are owed a royalty every time your
composition is reproduced (on vinyl, tape, CD,
MP3, etc). The mechanical royalty is generally equal
to 9.1 cents per reproduced copy (regardless of
whether those albums or singles are sold).
This is true whether another artist is covering your
song or if you’re recording them yourself. (Though
if you’re acting as your own label, you’ll basically be
paying that royalty to yourself).
Performance royalties
As a songwriter/
publisher, you are owed a royalty whenever your
compositions are performed “in public.” This
includes:
plays on terrestrial and satellite radio
(Sirius, KEXP, etc.)
usage on network and cable TV
plays on internet radio
online music streaming
(Spotify, Pandora, etc.)
performance in live venues
Licenses for synchronization
When a recording
is used as the soundtrack for a TV show, film,
commercial, video game, presentation, or
YouTube video, a fee is owed to the songwriter,
the publisher, AND the copyrighter owner of the
master recording. In industry-speak we say that a
recording is “synced” with a moving image, thus
the term sync licensing!
Licenses for sampling
Both copyright holders
(the owner of the master recording and the
owner of the composition) are owed money when
another artist uses a sample from a one of your
recorded songs.
Print rights for sheet music
As the songwriter/publisher, you are paid whenever your composition is duplicated in print form, including sheet music, lead sheets, fake books, etc.
What is a Performing
Rights Organization?
Performance royalties are paid by radio stations,
venues, and TV networks to Performing Rights
Organizations (PROs) such as ASCAP, BMI, SESAC,
or SOCAN, who then distribute the money to their
affiliated songwriters and publishers.
