A presentation on the basics of music publishing.

1. Music PublishingMusic Publishing
Donald R. Simon,Donald R. Simon,
General Counsel, MudStomp Records, LLCGeneral Counsel, MudStomp Records, LLC

2. The Music BusinessThe Music Business
• CopyrightCopyright::
• Legal protection given to manyLegal protection given to many
kinds of creative works includingkinds of creative works including
songs, recordings, poems, films, TVsongs, recordings, poems, films, TV
shows, software, and commercials.shows, software, and commercials.
• For musicians, CRs protect bothFor musicians, CRs protect both
songs (notes and lyrics) and theirsongs (notes and lyrics) and their
respective recordings.respective recordings.

3. The Music BusinessThe Music Business
• 2 Kinds of Music Copyrights2 Kinds of Music Copyrights::
1.1. Song (notes and lyrics)Song (notes and lyrics): typically: typically
owned by a songwriter or by aowned by a songwriter or by a
music publishing company; andmusic publishing company; and
2.2. RecordingRecording: typically owned by a: typically owned by a
recording company (or the artistrecording company (or the artist
themselves, if unsigned).themselves, if unsigned).

4. The Music BusinessThe Music Business
• 2 Kinds of Music Copyrights2 Kinds of Music Copyrights::
• The CRs in songs and recordingsThe CRs in songs and recordings
createcreate 2 different revenue streams2 different revenue streams
in the form of royalties from musicin the form of royalties from music
publishingpublishing andand from record sales.from record sales.
• These different revenue streamsThese different revenue streams
come from various licensecome from various license
agreements.agreements.

5. The Music BusinessThe Music Business
• 2 Kinds of Music Copyrights2 Kinds of Music Copyrights::
MusicalMusical
WorkWork
MusicalMusical
WorkWork
Copyright #1Copyright #1
SongSong
(Notes/Lyrics)(Notes/Lyrics)
Songwriter/PublisherSongwriter/Publisher
Copyright #1Copyright #1
SongSong
(Notes/Lyrics)(Notes/Lyrics)
Songwriter/PublisherSongwriter/Publisher
Copyright #2Copyright #2
RecordingRecording
(of the Song)(of the Song)
Artist/Record Co.Artist/Record Co.
Copyright #2Copyright #2
RecordingRecording
(of the Song)(of the Song)
Artist/Record Co.Artist/Record Co.

6. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
““Music Publishing”Music Publishing”

7. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• The business of exploiting a song,The business of exploiting a song,
such as in film, TV, video games,such as in film, TV, video games,
ringtones, greeting cards, andringtones, greeting cards, and
even karaoke machines.even karaoke machines.
• And collecting money from suchAnd collecting money from such
uses, usually in the form of auses, usually in the form of a
license fee.license fee.

8. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Common Publishing Licenses:Common Publishing Licenses:
• Synchronization (Film/TV/Adv.)Synchronization (Film/TV/Adv.)
• Videogram (DVDs/VHS/Etc.)Videogram (DVDs/VHS/Etc.)
• Performance (Clubs/Rest./Broad.)Performance (Clubs/Rest./Broad.)
• Mechanical (CDs/Compilations)Mechanical (CDs/Compilations)

9. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Songwriters typicallySongwriters typically
own the CRs in theown the CRs in the
songs they write andsongs they write and
earn money fromearn money from
license fees for thelicense fees for the
commercial use ofcommercial use of
their songs.their songs.

10. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Publishing can be lucrativePublishing can be lucrative
because, in any licensing deal, thebecause, in any licensing deal, the
songwriter (and their publishingsongwriter (and their publishing
company)company) ALWAYS GETS PAIDALWAYS GETS PAID..
• Must acquire rights to theMust acquire rights to the songsong,,
but not necessarily the rights tobut not necessarily the rights to
thethe recordingrecording..

11. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Music publishersMusic publishers::
• find uses for songs;find uses for songs;
• issue licenses;issue licenses;
• aadminister legal protection;dminister legal protection;
• collect publishing revenue; andcollect publishing revenue; and
• pay the songwriter(s).pay the songwriter(s).

12. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Common Publishing Deals:Common Publishing Deals:
• Single songSingle song
• Exclusive songwriterExclusive songwriter
• Co-publishingCo-publishing
• AdministrationAdministration
• CollectionCollection

13. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Important distinction to remember:Important distinction to remember:
• Publishing incomePublishing income does notdoes not come fromcome from
CR ownership in recordings.CR ownership in recordings.
• It comes from ownership of the CRs inIt comes from ownership of the CRs in
thethe songssongs..

14. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Once publishing rights have beenOnce publishing rights have been
secured from the songwriter, if asecured from the songwriter, if a
licensee is interested in using alicensee is interested in using a
pre-existing recording of a song,pre-existing recording of a song,
they must also acquire athey must also acquire a MasterMaster
Use LicenseUse License..

15. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
• Acquiring a Master Use License isAcquiring a Master Use License is
technically not part of musictechnically not part of music
publishing, but is an important partpublishing, but is an important part
of the process.of the process.
• A Master Use License is where non-A Master Use License is where non-
songwriting members of a groupsongwriting members of a group
can make some money.can make some money.

16. The Music BusinessThe Music Business
• Music PublishingMusic Publishing::
““Music Publishing”Music Publishing”

17. The Music BusinessThe Music Business
““The music business is aThe music business is a
cruel and shallow moneycruel and shallow money
trench, a long plastictrench, a long plastic
hallway where thieves andhallway where thieves and
pimps run free, and goodpimps run free, and good
men die like dogs. There’smen die like dogs. There’s
also a negative side.”also a negative side.”
~~Hunter S. Thompson~~Hunter S. Thompson