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Music Publishing
 Marketing & Administrating the Rights to
songwriter’s compositions
 Print Publishing is a small part o...
Publishing History
 1698, 1st book published in America The
Bay Psalm Book
 1770, William Billings, 1st Published
Americ...
Publishing History cont.
 1850-1900 Minstrel Shows music popular,
Publishers fill market
 1890s, Player piano, 1st “reco...
Publishing History cont.
 1900, Popular Music Big Business, 100
songs million sellers
 1909 Copyright Law gives Mechanic...
Publishing History cont.
 1927, Sound Motion Picture (Talkies)
Negotiate Synchronization Royalties
 Harry Fox Agency Est...
Publishing History cont.
 1939 BMI begins, Licensed Music/Writers
the ASCAP Ignored
 1948, 33 1/3 RPM LP(10 mechanicals)...
Publishing History cont.
 1950s, Radio DJs become hit-makers
 1970s, Radio Shortens Playlist Below Top
40
 1980s MTV Be...
Publishing History cont.
 2000 Apple iTunes, iPod create new
industry
 File sharing reduces mechanicals
 Video games, D...
Types of Publishers
Major, Independent, the Administered &
Administering, Print Licenses,
Manager-Publishers, Lawyer-Publi...
Types of Publishers
 Major Publisher- Beginnings Tin Pan
Alley, Broadway, & Hollywood
“Full Line” i.e., printing, sheet m...
Types of Publishers cont.
 Record Company Affiliates -
Publishing/Recording Package.
 Possible Conflict of Interest, Pre...
Types of Publishers
 Independent Publishers - some one-
person, some large
 Some Only Administer i.e.,register
copyright...
Types of Publishers
 Artist-Owned & Writer-Owned Publishers
- Established writers earn more, can farm
out administration....
Types of Publishers
 Educational Publishers - These are the
Publishers you have known during your
yrs of schooling. Lesso...
Types of Publishers
 Specialty Publishers - Specialize in one
type, country, Christian, Banjo, etc.
 Concert Music - “Cl...
Subpublishing
 Foreign affiliates or independent
licensees exploit copyright: cover
records, print editions. They collect...
At-Source Deals
 At-Source Deal - royalties based on
income earned in foreign country, before
deductions by subpublisher
...
Administration Departments
 Royalty Dept.
 Copyright Dept. - copyright search (who
really owns), register copyrights,
re...
Administration Departments
 Legal - copyrights, songwriter contracts,
licensing contracts, tax laws, recording
industry
...
Administration Departments
 Creative or A&R (Artists & Repertoire) -
Sign new writers, work with writers already
under co...
Contracts: Publisher’s
Perspective
 Appointment - engages writer, exclusive
services, not “work made for hire”
 Term - L...
Contracts cont.
 Term - songs could “revert” after
exiration, no recordings, or recoupment of
advances
Contracts cont.
 Assignment - writer assigns copyright of
(old) Songs and agree to deliver # new
songs Rights “throughout...
Contracts cont
 Warranty - the songs belong to the writer.
“Indemnifies” the publisher against “loss”
& “attorneys fees” ...
Contracts cont
 Advances & Royalties -
 1) Monthly Salary “nonreturnable”
advances on royalties
 2) 50% of net receipts...
Contracts cont
 3) Mechanical should not be at a lower that
statutory rate (publisher affiliation?)
*all recording contra...
Contracts cont
 Who pays arranger, orchestrator, editor,
copyist. Recoupable?
 Foreign Rights - “arms length”. Publisher...
Contracts cont
 Promotion Expenses - who pays for audio
& visual demos?
 What amount is recoupable? 50%
 Do demos “reve...
Contracts cont
 Right To Audit -
 No time limit for audit set (with
reasonable notification)
 Writer pays, except if mo...
Contracts cont
 Creative Rights - Publisher has right to
make minimal changes, but
 With “consent of writer.”
to 1) hire...
Contracts cont
 Right of Assignment - can assign if sale of
“substantial portion of publisher assets.”
AND assignee assum...
Contracts cont
 Reversion - If recording goal not reached.
Extension could be granted for X months.
Maybe another advance...
Contracts cont
 Default, Cure - Either party asserts that
the other is in “Default of Breach” shall
notify by certified m...
Split Publishing
 Standard split is writer 50%, publisher
50%.
 A writer with record deal, or other clout
might also spl...
Split Publishing “Cut In”
 Someone with a financial interest, or the
recording artist may be “Cut In” (get a
portion of r...
Sampling
 Technical definition: 44.1
 Use of anothers SR copyright (“New
Use”)
 Licensed use: flat fee or royalty point...
Income Sources
 TV, Radio, Cable, Live, In-Flight, Dance
Studios=Performance Royalties (PROs)
 Mechanicals from Record D...
Income Sources
 Movies, Videos, Games= Synchronization
Royalties- Publisher License
 Jukeboxes - Performance Royalties f...
Harry Fox Agency
 Issues Mechanical Licenses
 Collects Mechanical Royalties for
Publishers
 Distributes Mechanical & Sy...
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Publishing (10th ed)

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Transcript of "Publishing (10th ed)"

  1. 1. Music Publishing  Marketing & Administrating the Rights to songwriter’s compositions  Print Publishing is a small part of that business  Mechanical Royalties from Recording  Performance Royalties from Broadcast & Live
  2. 2. Publishing History  1698, 1st book published in America The Bay Psalm Book  1770, William Billings, 1st Published American Composer  1790, 1st Copyright Law
  3. 3. Publishing History cont.  1850-1900 Minstrel Shows music popular, Publishers fill market  1890s, Player piano, 1st “recorded” music  Performances in Theaters and Vaudeville drive market for print music
  4. 4. Publishing History cont.  1900, Popular Music Big Business, 100 songs million sellers  1909 Copyright Law gives Mechanical Royalties  1914, ASCAP forms to collect Performance royalties  1920, 1st Radio Broadcast, later uses music
  5. 5. Publishing History cont.  1927, Sound Motion Picture (Talkies) Negotiate Synchronization Royalties  Harry Fox Agency Established  Radio becomes Major Source of Performance Royalties  1939, 85% homes Had Radio
  6. 6. Publishing History cont.  1939 BMI begins, Licensed Music/Writers the ASCAP Ignored  1948, 33 1/3 RPM LP(10 mechanicals) and 45 RPM  1950s, Television Kills Live Music on Radio
  7. 7. Publishing History cont.  1950s, Radio DJs become hit-makers  1970s, Radio Shortens Playlist Below Top 40  1980s MTV Begins,  Invention of CD, old copyrights earn new mechanicals. Sound digitized  1990s, Internet and new music delivery issues. Compression of digital sound files
  8. 8. Publishing History cont.  2000 Apple iTunes, iPod create new industry  File sharing reduces mechanicals  Video games, DVD, TV, Film, Commercials help Sync Income  2000 Sound Exchange formed to collect digital transmission royalties
  9. 9. Types of Publishers Major, Independent, the Administered & Administering, Print Licenses, Manager-Publishers, Lawyer-Publishers, Multinational Media Conglomerates, and Subpublishers
  10. 10. Types of Publishers  Major Publisher- Beginnings Tin Pan Alley, Broadway, & Hollywood “Full Line” i.e., printing, sheet music, song plugging, long-term writer relationships. (see corporate structure p. 61)
  11. 11. Types of Publishers cont.  Record Company Affiliates - Publishing/Recording Package.  Possible Conflict of Interest, Pressure to Sign, Cross Collateralization Potential
  12. 12. Types of Publishers  Independent Publishers - some one- person, some large  Some Only Administer i.e.,register copyrights with LOC and PROs, collect & track royalties, accounting, no exploitation
  13. 13. Types of Publishers  Artist-Owned & Writer-Owned Publishers - Established writers earn more, can farm out administration.  Unknown artists & writers need the exploitation provided by a publisher
  14. 14. Types of Publishers  Educational Publishers - These are the Publishers you have known during your yrs of schooling. Lesson books, band, choir, marching band, piano, etc.
  15. 15. Types of Publishers  Specialty Publishers - Specialize in one type, country, Christian, Banjo, etc.  Concert Music - “Classical” Music  Print Licensees -farming our the print publishing for approx. 20%
  16. 16. Subpublishing  Foreign affiliates or independent licensees exploit copyright: cover records, print editions. They collect Mechnical & Performance Royalties.  The split is 75-80% to 20-25% licensee.  Collection Deal - collect for 10-15%  Subpublishing - more active exploitation
  17. 17. At-Source Deals  At-Source Deal - royalties based on income earned in foreign country, before deductions by subpublisher  Receipts-Based Deal - royalties based on money received by the publisher, after deductions
  18. 18. Administration Departments  Royalty Dept.  Copyright Dept. - copyright search (who really owns), register copyrights, recording transfers, liaison with Harry Fox, records of expirations etc.
  19. 19. Administration Departments  Legal - copyrights, songwriter contracts, licensing contracts, tax laws, recording industry  Print - editing, printing, warehousing, distribution, electronic distribution
  20. 20. Administration Departments  Creative or A&R (Artists & Repertoire) - Sign new writers, work with writers already under contract, plug songs to artists & labels, seek other uses (commercials, merchandising), TV, Cable, Films Catalog Acquisition - catalog valued by annual earnings (3-5 yr period) X 5-10
  21. 21. Contracts: Publisher’s Perspective  Appointment - engages writer, exclusive services, not “work made for hire”  Term - Length of contract, usually 1 yr. Options. Pay is “advance” on royalties. Option should be tied to increased advance or recording of songs. *Songwriter should not be able to deny option
  22. 22. Contracts cont.  Term - songs could “revert” after exiration, no recordings, or recoupment of advances
  23. 23. Contracts cont.  Assignment - writer assigns copyright of (old) Songs and agree to deliver # new songs Rights “throughout the world”.  Songs on “First Refusal’ basis *If writer is getting advance $ publisher would not allow another publisher involvement
  24. 24. Contracts cont  Warranty - the songs belong to the writer. “Indemnifies” the publisher against “loss” & “attorneys fees” for “breach” of warranty. Meaning “infringement” of pre- existing copyrights. *would want to spell out the procedures used when there is an infringement claim
  25. 25. Contracts cont  Advances & Royalties -  1) Monthly Salary “nonreturnable” advances on royalties  2) 50% of net receipts (gross) mechanical & performance (unless publishing is “split”)
  26. 26. Contracts cont  3) Mechanical should not be at a lower that statutory rate (publisher affiliation?) *all recording contracts want 75% mechanical rate  4) 10% on printed editions  No Cross-collateralization with record company.  5) writer has approval of co-writers & arrangers
  27. 27. Contracts cont  Who pays arranger, orchestrator, editor, copyist. Recoupable?  Foreign Rights - “arms length”. Publisher paid no less then 75% of income earned at the source.
  28. 28. Contracts cont  Promotion Expenses - who pays for audio & visual demos?  What amount is recoupable? 50%  Do demos “revert” to the writer?
  29. 29. Contracts cont  Right To Audit -  No time limit for audit set (with reasonable notification)  Writer pays, except if more than x% of sum of royalty statement.
  30. 30. Contracts cont  Creative Rights - Publisher has right to make minimal changes, but  With “consent of writer.” to 1) hire lyricist, 2) make substantive changes, 3) grant synchronization license to sexual explicit films, 4) License for commercials, 5) grant “Dramatic Rights”
  31. 31. Contracts cont  Right of Assignment - can assign if sale of “substantial portion of publisher assets.” AND assignee assumes responsibilities of 1st publisher.
  32. 32. Contracts cont  Reversion - If recording goal not reached. Extension could be granted for X months. Maybe another advance payment? Do advances need to be recouped?
  33. 33. Contracts cont  Default, Cure - Either party asserts that the other is in “Default of Breach” shall notify by certified mail. Allowed 30days to cure the breach.  Arbitration - agree to submit disputes to American Arbitration Association.
  34. 34. Split Publishing  Standard split is writer 50%, publisher 50%.  A writer with record deal, or other clout might also split the publisher share Writer 50% Publisher/Writer 50% (25% each)
  35. 35. Split Publishing “Cut In”  Someone with a financial interest, or the recording artist may be “Cut In” (get a portion of royalties)  OK, but should have limitations: length of time, for a single recording or income derived from it.
  36. 36. Sampling  Technical definition: 44.1  Use of anothers SR copyright (“New Use”)  Licensed use: flat fee or royalty points. Depends on the type of New Use.
  37. 37. Income Sources  TV, Radio, Cable, Live, In-Flight, Dance Studios=Performance Royalties (PROs)  Mechanicals from Record Distribution - from Record Label & Harry Fox  Sheet Music Sales - from Publisher License
  38. 38. Income Sources  Movies, Videos, Games= Synchronization Royalties- Publisher License  Jukeboxes - Performance Royalties from PROs  Foreign _ from Subpublishers & Regional PROs
  39. 39. Harry Fox Agency  Issues Mechanical Licenses  Collects Mechanical Royalties for Publishers  Distributes Mechanical & Sync fees, prior to 2002  Conducts Royalty Examinations Pursues Piracy Claims
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