Publishing: Illustrated
Let's say you write a new song all by yourself, with no one's help. You release it online, and it gets played on a big
radio station. Whether you know it or not, the money generated from airplay is actually split in two. The law considers
all performance income generated by your song immediately separated into two camps: the writer's share and the
publisher's share. You might say, "But I don't have a publisher, it's just me." That means YOU are the publisher as
well as the songwriter. So you are entitled to collect both halves of income.
Now add to the mix a bit. Let's say you're not that good at numbers, but you have a friend who helps you do all the
paperwork--register it with the PRO, gets the checks from the mailbox and deposits them. In a way, he's acting as
your publisher. And that's the idea of the 50-50 split. The writer brings the creative input; the publisher handles the
business side of things. You will always be the songwriter on your song, but the publisher can change. That's up to
you, because you are the creator of the work.
And for sake of this discussion, let's say this arrangement is on paper--a formal publishing agreement between you
and your friend. So far, it sounds like a straightforward arrangement, doesn't it? Everybody splits everything down
the middle, so it's perfectly fair, right? Well, that's what disreputable publishers would have you believe.
The Dirty Little Secret
There's just one more little word in the average publishing contract you need to understand: exclusivity. When you
sign an exclusive contract with your friend the publisher, he now OWNS your song. And since he's the owner, he gets
to decide how it gets used--not you. If he decides to license your anti-establishment song to an oil company or a
presidential campaign, YOU HAVE NO CONTROL. That's what "control of exploitation" means --the publisher
decides how it's used, whether you like it or not. The good news is, he still has to share the proceeds with you, usually
the same 50-50 split.
Now you might be thinking, "What's the big deal? I'll make plenty from sales." The fact is, recorded music sales
are declining, while licensing and royalty revenues from sources like radio airplay and internet streams actually
continue to grow--despite what you've read in the press. So you'll be splitting income for the rest of your life...plus
70 years.
Enough to make you think about doing it yourself, isn't it? Well, that's what we're going to talk about throughout
this series. Keep reading; I'll be posting more items in articles to come.
Paul Bordenkircher has spent the last three decades building a wide base of knowledge in the fields of studio
production, live sound, publishing, marketing and promotions. Mesa Sand Music, part of the
Mesa Sand Ventures, LLC family, offers independent artists the kind of background and knowledge gained only
from hands-on experience in the challenging entertainment industry. Paul has more than 25 years of experience in
the industry, including studio recording, live sound, marketing, publishing, product development, career
consultation and evaluation.
www.mesasand.com