A Beginner's Guide to Music Publishing

WHAT IS MUSIC PUBLISHING?

WHAT IS MUSIC PUBLISHING? TAKE TWO.

HOW DOES A MUSIC PUBLISHER GENERATE INCOME FOR THE
SONGWRITER?

WHAT IS MUSIC PUBLISHING?
"Music Publishing is the commercial exploitation of songs through the issuance of mechanical licenses, synchronization licenses, performing rights licenses as well as other licenses authorizing various uses of the songs."

Well, how's that for an ill-defined definition? Sure, it's technically accurate but do you understand music publishing any better now than when you first asked the question? Unlikely.

Music Publishing can be a complicated concept to grasp (even for those who have worked within the music and entertainment industries for years.) It deals with copyrights and performing rights societies and a dozen or more different types of licenses that give you the go-ahead to use a certain song in a certain way. And then, there's the issue of money -- who pays to use a song and who keeps the fees?

This section of this MPCA Website will be a helpful tool that educates visitors about the business of Music Publishing by explaining the concepts and translating the jargon you might encounter when you delve into the world of Music Publishing. Please note, this is by no means a comprehensive or definitive explanation of the very complicated and nuanced world of Music Publishing but an elementary primer that helps address the Music Publishing elements MPCA tackles on behalf of our clients.**

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WHAT IS MUSIC PUBLISHING? TAKE TWO.
A songwriter writes the song. The song is copyrighted with the U.S. Library of Congress. The person and/or entity who owns the COPYRIGHT to that song is granted by law the following EXCLUSIVE RIGHTS:

• REPRODUCE the song (no one else can record, publish the sheet music, place in a TV show or movie or commercial, or copy it in any other way.)

• DISTRIBUTE copies of the song (no one else can sell copies of this recording)

• PERFORMANCE OF THE SONG LIVE (no one else can play the recording of the song on the radio, on TV, in clubs, bars, even elevators; no one else can perform the song live in concert)

• DERIVATIVE WORKS (no one else may create a work based upon your original pre-existing song, including parodies)

• DISPLAYING THE WORK IN PUBLIC (this isn't so much an issue in music although more and more, sharing lyrics online and using lyrical passages in books would be included)

The songwriter created the original work; that songwriter controls what can and can't be done with the creative element and grants permission and licenses for the original work to be used and is thus rewarded financially for the usage of their original creative work.

The rights to solicit usage of a song on behalf of a songwriter are the ADMINISTRATION RIGHTS to that song. The publisher "administers" the rights to this song. The money that is negotiated and collected in return for the usage of the song is then split between the songwriter and the publisher.

The publisher, on behalf of that songwriter, is responsible for finding ways to exploit that song and earn more money - for the songwriter and for the publisher.

Every time a song is recorded, the songwriter/publisher makes money.

Every time a song is performed live, the songwriter/publisher makes money.

Every time a song is utilized in a motion picture, the songwriter/publisher makes money.

Every time a song is incorporated into a television program, the songwriter/publisher makes money.

Every time a song is used for a television commercial, the songwriter/publisher makes money.

Every time a song is used in newer ways, such as greeting cards, video games, merchandise and websites) the songwriter/publisher makes money.

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HOW DOES A MUSIC PUBLISHER GENERATE INCOME FOR THE SONGWRITER?

Most earned money will come from MECHANICALS and PERFORMANCE MONIES.

PUBLIC PERFORMANCE RIGHTS require permission to have a song plays on the radio, tv, nightclubs, etc... Performing rights societies (such as ASCAP or BMI) oversee the usage of the songs, track the performance and ensure the songwriters receive payment.MECHANICALS is the abbreviated nickname for MECHANICAL ROYALTIES which are the monies paid to copyright owners for the manufacture and distribution of records.

A MECHANICAL LICENSE is issued by the publisher to the record company. This MECHANICAL LICENSE will stipulate that for each record manufactured and distributed, the record company is required to pay a royalty. The record label is required to pay a Mechanical Royalty to the songwriter through his/her publisher for the privilege of creating and selling the record including the composition (this is the case even if the songwriter is also the performer.)

There are other ways that songs generate income for the songwriter and publisher:

PRINTED MUSIC - This covers SHEET MUSIC (the tablature for guitar or piano, for example) of a particular song or FOLIO (a collection of sheet music for a compilation of songs.) HAL LEONARD is a company that traditionally prints much of the sheet music in circulation today; none of it may be printed without the permission of the songwriter and without appropriate royalties paid for that privilege.

SYNCHRONIZATION LICENSE - This is also called a SYNCH LICENSE and it grants permission to utlize a particular piece of music in "timed synchronization" with a visual image, such as using a song in a motion picture, television commercial or TV program. (FYI: Radio commercial licenses, when there is no visual but only scripted elements synching with the music, are called TRANSCRIPTION LICENSES.)

There is no standard fee that covers all SYNCH LICENSES. It may vary with how much of the song is used, how important the song is to the visual element and how much inherent value is already assigned the song with regards to its public recognition.

If you want a SYNCH LICENSE for a song in a MOVIE, before a fee can be decided, you'll need to address questions regarding how the song will be used. Will you be using it in the movie trailer or advertisements? Will the song be heard during the movie's main title (opening credits?) Will the song be playing during the motion picture's closing credits (end title?) Is this a very well-known or popular song or something previously unheard? Is this a major motion picture from a large movie studio or it this a lower-budget indie film?

IF you want a SYNCH LICENSE for the use of a song on TELEVISION, you'll tackle another batch of questions during the process of assigning an accurate price tag. Is this program going to be aired on FREE television? Or will the program be aired via BASIC CABLE or SATELLITE TV (channels you get for free once you're a subscriber to either element?) Is this a program on PAY TELEVISION (premium subscription channels such as HBO or Showtime?) Is this FOREIGN THEATRICAL (TV outside the US,) HOME VIDEO (DVD or VHS,) TELEVISION THEME SONGS (during the opening or closing credits and over how many episodes,) or COMMON CARRIERS (cruise ships or airlines?)

You'll also be looking for a PERFORMANCE LICENSE to be issued in tandem to permit the public performance of the recording. Income is also derived when a song is used for TELEVISION PROMOTIONS, advertising the television program, on television.

IF you're looking to utilize the song for a COMMERCIAL,it can be very costly to the advertiser and very profitable for the songwriter/publisher. Again, familiarity with the song will factor into the cost -- the more the song is recognized and resonates with potential consumers, the more value the song retains, with actual fees addressing the scope and breadth of the campaign (by region and by periods of time the advertising campaign is slated to run.)

Natually, it's not all about money; it can't be. Art is art and the creator of that art must decide how, when, where and if the art they've created should be used in pursuit of commerce. The hope is that combining art and commerce allows the integrity of the song to remain paramount. But owning the copyright and owning the publishing of a song, is owning the music industry's equivalent of real estate. Record labels, TV shows, advertising styles and music trends will continue to shift and morph as they always have -- but if you own the copyright and publishing to a song, you will always own an original piece of art with the potential to make you money.

If you go to the REQUEST section of this website, you'll find links to several different types of LICENSE REQUESTS. If you're unsure what type of license you need for the usage about which you're inquiring, each request form contains a variety of questions that will help you determine which type of LICENSE you may be seeking.

** The above information is the most basic background on the business of Music Publishing and what MPCA does. If you'd like to read more, we encourage you to consider the following books:

-- ALL YOU NEED TO KNOW ABOUT THE MUSIC BUSINESS by Donald S. Passman

-- THE NEW SONGWRITER'S GUIDE TO MUSIC PUBLISHING by Randy Poe

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