Publishing Contracts

[Helicon1]

If you are an unknown writer, the most likely way to get your songs recorded by artists is to pitch them to publishers.

Only pitch your best songs. If you have one or two songs that the publisher likes, they will offer you a single-song publishing deal for those specific songs.

A few things to make sure the contract contains:

1 - A reversion clause. This is one of the most important things you need in a single-song contract. It states that if the publisher does not secure a recording and commercial release of your song within a specified period of time, that the publishing rights revert back to you. This period is usually between 6 months to 1 year, but sometimes a publisher will insist on 2 years. The simple fact is if the publisher hasn't signed the song with an artist within a year, they probably will never get it signed. That doesn't mean that your song is no good, it just means that a)the publisher has given up on your song ; b)the publisher doesn't have the right connections to pitch your song to the genre your song is for ; or c) you just need to find another publisher because he's not doing his job.

2 - Make sure that all publishing royalties are split 50/50 between you and your publisher. No legit publisher will ask for more than 50%. The only exceptions to this are that if the publisher has had expenses such as demo costs and administrative costs associated with your song, they can recoup those expenses from your share of the royalties. Make sure which expenses the publisher will be able to recover, and that they are reasonable (in other words, the publisher shouldn't spend $1000 to get a 1-song demo made).

Another thing you need to realize is that if the publisher paid for the demo of your song,and you reach the end of the reversion period and decide to try again with a different publisher, you will have to reimburse the original publisher for the cost of the demo. Or if you have already found a new publisher, he will have to record a new demo or reimburse the previous publisher for the old one before he can start pitching it.

A song earns royalties in many ways. Mechanical royalties are from sales of singles and albums. They are figured at around 8.5 cents per sale, per song. This means if you wrote two songs that appear on one album, the mechanical royalty will be 17 cents per unit sold.The publisher collects these earnings and gives you your share.

Every time your song is played on the radio, it earns performance royalties.These are collected by your performing rights organizations (such as ASCAP or BMI or SESAC), and they send the publisher's share to them, and the writer's share to you, so your publisher doesn't have to worry about collecting and distributing the money from this.

Everytime your song is played in a club you get paid. Anytime someone sings it at an event (football game, concert, the Olympics, etc.) you get paid.

You also make money on the sale of sheet music of your song. But usually the royalty is different for this. Usually you only are paid 10% for sales of sheet music. (I think this is not fair to the writer. While sheet music sales don't usually account for a huge amount of money, I believe the artist should get a better deal than this. Alas, that is how the cookie crumbles, and you're unlikely to negotiate a larger percentage.)

If your song is put into jukeboxes, you get paid for that also. But the industry has established a system for this in which jukebox owners pay an annual set fee for these rights and the royalties are distributed amongst all the artists with songs on jukeboxes.

Then there are television and movies. These are negotiated and have a wide range of terms because of it. Same thing for video games.

A good publisher can be the best friend your career ever had. A bad one can be a nightmare, so choose carefully. They should always be willing to show you who else they represent, what songs they have published in the past, and let you in on who their specific contacts are in the business. If they act like they are trying to hide something, find someone else.

[john]

Hi Chris

Nice one!

Do I detect an interest in writing articles?

Cheers

John

[nigel lawry]

chris

so how do we find one???

[Lazz]

Good one, Chris.

Looks like John & Songstuff might be getting an essential article, here - I hope so.

If that comes off, though, I think it would be useful to broaden the sweep a little more to accomodate jurisdictional variations - i.e. the ways contractual conventions and practices can and do vary between, say, the U.S. and the U.K.

Hope you don't mind the suggestion.

Lazz

[john]

Hey Lazz

Great to see you back on Songstuff!

Cheers

John

[Helicon1]

Right Lazz, They do vary, but I know nothing of the practices in the UK. Perhaps someone else can help us out with that.

[john]

What's your background Chris?

[Helicon1]

I grew up in a small town in Texas. Been a few places, but never stayed long. (Hey, sounds like an opening for a song, huh?)

I've been writing since I could write. Grew up on Kenny Rogers and Hank Williams (both Sr. and Jr.). Started teaching myself guitar when I was 12.

From the time I was 14 I was always playing out in clubs, sometimes solo, sometimes with bands. I'd play a honkey-tonk on Friday night, another honkey-tonk on Saturday night, and then play in Church on Sunday morning and Sunday night.

Along the way, I learned harmonica, and I played the sax in the school band (still one of the things I love to do). I learned a little keyboards, but I can't really call myself a piano player - but I can program the hell out of a keyboard sequencer by painstakingly layering tracks until I hit all the keys just right.

I always worked from the time I was 12, hauling hay and taking care of our livestock and later all of a local rancher's stock as well. When I turned 16, my Daddy told me I better "get a job", so I went to work on the oil and gas pipelines from 7am-7pm and then took care of the animals after "work".

Married at 19 to the "girl of my dreams" who turned out to be the "bitch from Hell". I had started buying up recording equipment and producing demos for me and my friends.

At 26, I had been working a factory job making good money as a machinist for the past six years, and had started producing and engineering at a couple of studios at night. Then one day, my boss pissed me off, so I fired him and went to work full-time for myself. I rented studio space for a year while I built my own studio, and then moved into MY OWN STUDIO!!!

And the rest is history...maybe not fame and fortune, but enough to make a living most of the time.

Now I own a small independent record label, produce indie bands and solo artists, and rent studio time to whoever feels the need to record.

I've always been a voracious reader and I've tried to educate myself on every aspect of the business, mainly so I don't go broke. Now I'm starting to focus on trying to get some songs recorded by major artists. I'm still at the beginning and there's a long way to go, but THAT'S why I showed up on this site and a few others. I want to put some feelers out to determine which songs to pitch to publishers and artists, because I figure I've only got one chance with each one, and I don't wanna blow it by giving them a song that's not my best.

I'm not a guru or a sage. I'm just somebody learning all I can, and I like to share any knowledge that I happen to come upon with people who are interested. There's a whole world out there waiting for OUR songs to change it.

And I think there's room for all of us.

[john]

Hey

Thanks Chris! What's your label called?

Cheers

John

[Helicon1]

My Studio is called Platinum Sound Recording Studio, and the label is Platinum Sound Records.

We've released a few short runs of albums of various styles, which are sold at concerts and local stores and businesses. I have 2 rappers, 2 female R&B singers, 1 male R&B group, 2 female county singers, and two male country singers signed to my label. I do most of the production for all of them, and I also produce several other rock groups and rappers who aren't signed with me.

The main goals I have with my label are to get these artist's music out and heard, and hopefully get them signed with a major, or one of the bigger independent labels who have widespread national distribution.

The artists in the rap and R&B genres that are signed with me have all received regular airplay on several area radio stations. The country artists find it hard to get airplay here in the states. Country music radio is just less open to independent artists. But there are more opportunities for country artists in our area to find paying gigs than any other genre, so they make a better paycheck than the ones who get airtime.

[Nightwolf]

Hey Chris,

You certainly are a wealth of information, thanks for taking the time to write that out. Good luck with the label, got a website? Drop a link.