Introduction

Whilst the recording contract may still be the principal means by which a recording artist pursues his or her trade, if he or she writes and/or composes his or her own musical material then the publishing arrangements are of similar significance. Under the record deal the artist will earn from the exploitation of the physical recordings; separately, he or she will earn from the exploitation of the songs. By “publishing” in the context of the music industry, we mean the arrangements by which a song is exploited. When we refer to a publishing contract we usually mean the agreement under which the writer agrees to write and/or compose material for his or her publisher. This is more accurately described as a songwriting agreement or what the MCPS/PRS refers to as an “ESA” (exclusive songwriter agreement). When a publisher enters into an agreement with another publisher (perhaps for the exploitation of particular songs overseas) we usually refer to that agreement as a subpublishing agreement.

In Part I of this Chapter we consider whether a songwriter should enter into a publishing contract and, if so, when. In Part II we analyse the different types of publishing income and look at how a particular deal may be valued. In Part III we look more closely at a typical publishing contract. In Part IV we briefly consider alternative contractual arrangements and in Part V we review those factors which need to be borne in mind even after the deal is done.  Part I Who Needs a Publisher?