What is a "Publishing Agreement" in the music industry?

Question

Hi, I'm an up and coming music producer. I have had several offers from different people asking me if I would like to sign a Publishing agreement. Exactly what is it, how does it work, and do I actually need one? What should it look like?

Thanks in advance!!!!

Answer 1

For the most part, publishing agreements vary from writer to writer, and publisher to publisher.  But, there are a few concerns that all songwriters and producers need to take in mind when considering a publishing deal.  Also, please remember – as stated in previous chapters and sections; if you are expecting to sign into a music publishing situation, I highly advise that you find an experienced entertainment attorney to guide and counsel you before signing into any publishing agreement or contract.



OK – basically the way a song is split up is into 2 different halves; the writer’s share, and then the Publisher’s share. So, for 100% of all publishing revenues that a particular song generates, it will be 50% for the songwriter(s), and 50% for the publisher(s).

Now, there are different types of publishing deals.  There are single-song deals, as well as year-to-year deals with options, etc.  Also, there is the standard exclusive songwriter publishing deal, where the publisher will advance the songwriter money, and then in essence own the copyright of the song(s).



A contract between a publisher and a songwriter in which the songwriter assigns all songs written during the term of the contract to the publisher in return for a percentage of royalty income. Such an agreement usually involves advances paid by the publisher to the songwriter.

The “standard” publishing deal is a most times a complete “split” of all the income the song(s) generate; 50% for the songwriter, and 50% for the publisher, but, the publisher will normally have given the writer an advance of some kind, so the publisher will not pay the writer any money collected for any songwriter royalties until the advance has been recovered via mechanical royalties, performance royalties, etc.