1.0 The Nature of a Publishing Contract

1.1 Copyright

In simple terms, a publishing contract involves the writer granting rights in his or her songs to a music publisher in return for which the publisher collects all of the income from the exploitation of those songs and accounts to the writer for an agreed share of that income. Usually, the writer transfers to the publisher the copyright in the songs (although generally only for a limited period). A song is generally a precious and personal thing. Some writers have difficulty with the idea of giving their songs away. They prefer to retain ownership of their songs and make their own arrangements for the collection of any income. If the writer does not assign copyright to the publisher but merely grants a licence of some kind then the agreement probably would not be referred to as a publishing contract; it would instead be called an administration agreement or perhaps a licensing agreement. We look at these distinctions more carefully in Part IV.

1.2 The Publisher’s Services

All publishers will emphasise a number of positive reasons why a writer should enter into a publishing contract. The publisher will claim that with the various systems it has in place it is better able efficiently to collect any available income than a writer operating on his or her own. Moreover, the publisher is more skilled at negotiating fees for the licensing of certain rights in the songs. The publisher will have a professional manager or a team of managers looking for additional ways in which to exploit the writer’s material. The publisher may be able to offer help and guidance so far as songwriting is concerned (although this will usually be limited to suggesting potential co-writers). The publisher may have facilities which the writer may use either at a subsidised cost or no cost at all (e.g. for recording demos). The publisher may be prepared to invest in the writer’s career by the payment of advances even before there is any sight of any publishing income from which to recoup those advances.