Goodnight Kiss Music (BMI) & Scene
Stealer Music (ASCAP)
| "What It Means To Publish A Song" (C) 1999 All rights reserved by Lynn Robin Green |
______Sometimes
it comes up in ordinary social conversation when I first meet
someone and they ask what I do ,(when I tell them Im a music
publisher,they get a really blank look and say OH? How
interesting)... Uh,...But what does a Music Publisher really do
exactly? I have found that most writers and everyday folks aren't
really sure what being a music publisher means (nor the process
involved),so I thought I'd try to define what IT REALLY MEANS TO
PUBLISH A SONG.
Firstly a song that is uncirculated and is not released for
commercial distribution IS AN UNPUBLISHED SONG.When we sign a
song to a contract and we move ahead to try to publish it--this
means that we work to take it to the next point and find
commercial usages for the song.That usage may be pitching it to a
Recording Artist that is currently seeking material for an album
session ,(with the goal being that the song is released on their
record for sale to the public).
Or we may present the song for possible usages in
1)A Television Show as a theme song,featured song or as a
background usage song.
2)For a motion picture in production as a featured song,a theme
song or a background source cue.
3)To an Advertising Agency for possible consideration as a
commercial for a certain product that the song would well
represent musically and thematically.
4)To CD software producers who may be seeking a specific type of
material for the score of a CD ROM project.
5)To a Recording Artist to do for a TV Special or a Special Event
Concert that will be filmed and televised (as even though they
may not have recorded the song on record),this usage can be two
fold as it will be in the Filmed Show and thereby will earn TV
air play royalties and a licensing fee,as well as the opportunity
for the Artist to sing it,expose the song to the masses and
hopefully find that they will want to record it in the future on
their next release.(This kind of pitch is known as supplying 'special
material').That's usually a song that fits the theme of the event
or benefit better than any other song that may be available.Until
one of above above usages is obtained on an unpublished song-it
hasn't the chance to be considered as published as IT'S
financially unexploited and hasn't a basis of application
commercially to earn from (ie-an income stream that is generated
by the song's own earnings for ITSELF)...The key to getting the
song UP ON ITS EARNING legs is to go find all of the creative
applications and marketing opportunities for it in todays
existing marketplace.We must use all of our resources that we
have built up over the years as Publisher's and our contacts with
A people (who may have a current artist seeking material) and/or
tip sheets that only Publishers subscribe to whether in the
United States or in foreign territories.And we also use TV &
Film Production guides and data that keep us abreast of new
productions and we call to find out what kind of material they
may need for that project.
The secret is that we must believe in that song more than
anything and go forward with the attitude of selling it to others
(so that they feel the same way and want to use the song too).It
takes alot of high energy and sales tactics and HYPE sometimes,but
knowing that you have a fabulous piece of material or a GREAT
band or Solo Artist it isn't hard to make others see it too...Part
of the success in finding the first usage for a song or finding a
record deal for an artist is based alot of the time on faith ,hope
,personal connections realtionships in the business and unlimited
hard work. Until a song has its first usage or a band gets a TV
spot or a recording deal,its largely an UPHILL process all the
way.
Once a record is released on a song,then the Publisher too often
joins in helping to promote that record (or that show appearance
of their band) in any way that they can..
Once a record is released we often rely on Gavin and billboard
charts to reveal its chart position which is a reflection of
1)the amount of air play its receiving and
2)the amount of sales it is earning at the cash registers,which
is also reflected by Soundscan..(The bar code that you put on
your independent CD or a major record release has an intrinsic
code that the retail stores use as a sales logging device which
is then reported to Soundscan and Billboard as UNITS SOLD).
When a record is imminent for major release a Publisher must know
where it will be released firstly.In the event that it will be
released outside the U.S. -we must notify our sub publishers (also
known as our collection agents) in those countries in order for
them to license it over there.We supply them the song title,writers,publisher
information and percentages we own and also the record name,artist,title
of album,release date,label name and the record number itself (which
you see on the spine of the CD and usually on the CD itself).The
sub-publishers then license it there ,collect on it,and also work
to find other material usages for it as I've outlined above.If
the group or artist is well known --the revenue to the Publisher
and the Sub publisher coming out of that foreign territory can be
substantial.The sub-publisher has a responsibility to collect and
to exploit it further for the Publisher in foreign territories or
vice versa as some songs are sub-published in the U.S. for a
foreign original publisher too.It's all about who owns and
controls the rights.
The original Publisher though is responsible for accounting to
the writers of that song and duly assimilates all earnings and
accounts for same,usually twice a year with a statement showing
how many units sold,or licensing fees received for Tv or film and/or
print music income too,if the song was released also in a song
book or (folio form or any other income received).Once the record
is out there is often a good chance that a few years later it
will be reissued again on a best of or a greatest hits Cd as well.And
if the song charts high there is a good chance that another
recording artist may COVER it (record their own version of the
song).Of course the licensing for that cover record is again also
handled by the Publisher and is also collected for the songwriter
by the Publisher again.It's the cover recordings and reissues
that can provide longtime income streams for the Writer and
Publisher for many years. There is sometimes a bit of confusion I've
seen over the term -'self-published'.Let me give you an easy
example of what this term means..In the event that you do not
assign your publishing rights or any percentage of them to a
Publisher THEN you hold those rights.
One case I'll describe is a writer who sent me a song that he
stated was in a new motion picture coming out.Well he could
choose to assign it to a Publisher,OR he can also choose to start
up his own publishing firm with Ascap/BMI or Sesac and clear (reserve)
a publishing company name and then once affiliated ,register the
song and CUE sheet from that movie with his performing rights org.
as writer 100% publisher 100%-(the cue sheet must reflect this
information exactly along with the timing,and type of usage in
the film.)If a writer has done this and he also has received a
licensing fee from the film company to use the song/master-(and
has a signed a synchronization and master license)--and THAT
movie then plays on TV ----then his performing rights org will
pay him both the Publisher and Writer air play shares as its
surveyed on the different TV stations it plays on...At that point
the song starts earning on its own legs and would be considered
PUBLISHED but also then as SELF-PUBLISHED as the writer did not
assign his publishing rights to any publisher in that case.The
problem is that many writer's are not educated in how to handle
the licensing or the administrative parts --and sometimes earned
monies will fall through the cracks and they will not receive--
it nor do they know why.. Music publishers 'are in the exact
business of getting usages'- exploiting copyrights,
administrating ,collecting and accounting to the writer -(so a
publisher and writer relationship whether its 100% or 50% or 25%
is a long term relationship providing writers with direct ACCESS
to exploitation opportunities) and with an expert who can handle
getting YOU paid from all those sources)..
At least that's the WAY it should always work in the Publisher/Writer
relationship.
Music Publisher's -----ARE in the business of selling your MUSIC
and making money for you with your music -"continuously"
----and collecting that income for you---always.
__reprinted with permission (and gratitude) all rights reserved worldwide by Lynne Robin Greene, cr 1999.