Your Favorite Rapper is Poor: How to Actually Eat Off Publishing & Songwriting Posted by Andrew Lewis on 08/03/11 | Filed under Top Stories, Features, Your Favorite Rapper Is Poor

I know you've been dying to read some new "Your Favorite Rapper is Poor" articles, but when dealing with subjects this important I wanted to make sure we did the series right. That's why I'm happy to say that the enormously knowledgeable Andrew Lewis of MyMusicExec.com will be picking up the series, this week dealing with the essential area of publishing and songwriting. Enjoy.

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To many artists outside and within the music industry, the function of a music publisher is vague and confusing. The only knowledge many have of he term “publishing” is that you do not want to give it away. So before you hide your sheet music, lock your blackberry’s and save your production in a folder named “2010 taxes”, lets enhance your understanding of a music publishers role. A music publisher is in a sense the manager, agent, lawyer and business investor of a songwriters work (the composition); the responsibilities of a publisher can vary tremendously, but I will only name a few.

1. Copywriting musical compositions and making sure that the songs they represent are protected in the U.S. as well as in foreign countries.
2. Securing recording , television, stage, ringtone, home video, and motion picture uses for the songs they represent (Synchronization licenses)
3. Suing infringers of musical compositions and negotiating settlements, when appropriate.
4. Arranging manufacture and distribution of sheet music, folios, songwriter compilations, karaoke soundtracks and other music oriented books.
5. Registering songs with the Harry Fox Agency, ASCAP, BMI and SESAC and all other representatives and collection agents.
6. Negotiating fees and issuing licenses for all uses of music as well as collecting those fees

Now these are just a few responsibilities music publishers undergo. While one of the primary roles of a music publisher is to secure commercially released recordings, CDs and tapes of the songs it represents / controls. All publishers are staffed with professional managers who will not only promote the songs but know what artists are recording and what material is needed for a particular session (shopping records). Publishing houses are also staffed with A&R’s, producers, recording artists and songwriters. Knowing how todays market is for single song and album placements, the record shopped may not sell enough units to recoup time / money invested music publisher will shop records for motion picture and network television placements, this is were the real success and earnings of a song are made.

*Note: Songwriters remember you are entitled to every revenue stream. Know your revenue streams!

Music publishers usually have several departments, Chief Executive, Creative Department, Promotion Department, Business and Legal Department, Mechanical Licensing Department, Synchronization Licensing Department, Finance, Copyright, Royalty, New Media and Foreign Department. Every area listed is considered the heart of a publishing house, each has their own specific function and group of issues they attend to.

For songwriters publishers are the most important relationship decisions you will need to make. If the writer makes the right choice, the chance for success in an extremely competitive, complex business increase greatly! Now, if the wrong decision is made and the wrong contract is agreed upon then the writer may never recover financially and may destroy their creativity. A writer must remember that any contract agreed upon with a publisher can be reversed, you just have to know what your looking for and must be knowledgeable with copyright law.

Publishers generally offer three types of contracts to songwriters and producers. While there can be up to seven type of agreements lets discuss the three commonly used contracts “Single Song Deals, Exclusive Deals and Admin-Deals” (while the other contracts are "Co-publishing Deals, Collection Deals,Sub-publishing Deals and Purchase Deals).

A Single Song Deal is when the writer agrees to assign to the publisher the copyright to one or more specific song. For many new songwriters the transfer will be for a minimal amount of money anywhere from $100- $1,000. A single song deal is great because this agreement does not bind them to one particular publisher, the writer is free to shop other songs ( not ones agreed upon with previous publisher) to multiple music publishers. For example, lets take singer-songwriter Ester Dean who is notably known for writing songs for Nicki Minaj, Usher, Rihanna, R.Kelly and Mary J Blige amongst many more. Now before all her chart topping records, she initially had one song that was 'hit material", that one song that got her in the door. Now, Ester being a new songwriter and publishers unfamiliar with her work and unsure if she will ever produce another "hit" are more than likely to sign Ester to a "Single Song Deal". Meaning that they will administrate the activity and clear any licenses that may come in for that particular song only, again this route is usually taken with new songwriters- Let's move on.

Exclusive Deals - this is another type of publishing contract that a songwriter may sign, this agreement generally says that all services and songs written during a specified period of time are owned by the publishing house (publisher). These deals are usually offered to writers with some degree of success already, because of their track record for writing certified "hits" the publisher feels confident that it will recoup any advances given to the writer for their exclusivity.

While signing an exclusive deal with a publisher the writer is given a recoupable advance against any future royalties by the publisher, the advance usually depends on the writers negotiating power in the marketplace. The term of the agreement can range from anywhere from one -seven years, with provisions for weekly or monthly advances whether or not the songs are being recorded or performed. For example, lets take Ester Dean again. Now that she has a variety of hit placements for Chris Brown, Mary J, and Beyonce the publisher can now feel confident in offering her an Exclusive Songwriting Deal. The whole goal for you as a young artist is to develop a strong resume so you will have more leverage when it comes to negotiations.- Be the iron fist!

The next type of deal would be the Admin-Deal - these are generally for established artists and songwriters who are so successful whereto they do not necessarily need the exploitation of a publisher because their catalogue of songs are already in demand or for songwriters who own a publishing company and need assistance in securing licensing opportunities. Admin Deals are for songwriters who self-publish and merely license songs to the music publisher for a specified term and royalty split. This agreement does not involve any transfer of ownership but simply allows the publisher to administrate and exploit the copyrights. Typically a publisher will receive 10-20% percent of the gross royalties for exploiting the song for a period of time over a certain geographical region.

For example take the most successful songwriter known Diane Warren, her credits include some of the greatest written songs to date writing for Elton John, Tina Turner, Celine Dion, Patti Labelle, LeAnn Rimes and many many more. Diane Warren would fall into this category simply for the fact that not only does she own her own publishing company but her catalogue is so vast with platinum hits that she does not need the exploitation of a big name publisher like UMP or Warner Chappell or Sony ATV, because her material is in constant demand and only needs someone to administrate and issue licenses to use the material.- This is the ultimate success for songwriters!

This of course is a basic 101 crash course of understanding Music Publishers and what they do. There is literally a TON of issues to cover when talking about Music Publishing such as the following.

1.The songwriter & publisher relationship
2.Sale of the Musical Composition
3.Return of Song to the Writer
4.Contract Term
5.Rights Granted to the Publisher
6.Exclusivity
7.Compensation / Advances / Types of…
8.Co-writing
9.First-Use Mechanical Licenses
10.Foreign Sub-publisher Fees and More…

The world of songwriting and music publishing is not really all that mysterious, (if you know what your looking for). Just as every other business it has its rules, special ways of conducting business, idiosyncrasies and unique revenue producing areas, and so does songwriting and music publishing. Even though the music industry is based on creativity it is a business like any other, and knowledge of its inner working is one of the real keys for a long lasting and productive career.

(Remember that the music business is 50% game, 30% business and 20% talent!, for a full understanding of the music business do not hesitate on scheduling your consultation with MyMusicExec.com today!)