{"id":3711,"date":"2013-10-28T00:00:00","date_gmt":"2013-10-28T00:00:00","guid":{"rendered":"http:\/\/skylight.gr\/administrator_wordpress\/index.php\/2013\/10\/28\/11-critical-questions-to-ask-before-signing-a-publishing-deal\/"},"modified":"2013-10-28T00:00:00","modified_gmt":"2013-10-28T00:00:00","slug":"11-critical-questions-to-ask-before-signing-a-publishing-deal","status":"publish","type":"post","link":"https:\/\/skylight.gr\/index.php\/2013\/10\/28\/11-critical-questions-to-ask-before-signing-a-publishing-deal\/","title":{"rendered":"11 Critical Questions to Ask Before Signing a Publishing Deal"},"content":{"rendered":"<h3><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.icts.uiowa.edu\/sites\/default\/files\/contract.jpg\" border=\"0\" width=\"157\" height=\"104\" \/><br \/>Critical Question #1: Is Your Career Even Ready for a Music Publisher?<\/h3>\n<p>First of all, do you need a music publisher at this point in time and  if so, what do you need them for? \u00a0If you have had some commercial  success already, your priorities are likely to be different to those of  someone just starting out. \u00a0By analyzing your situation you can work out  your priorities at this point in time, which will be an important guide  when looking for a publisher.  <!--more-->  <\/p>\n<h3>Critical Question\u00a0#2: What Would You Need a Publisher to Do, Exactly?<\/h3>\n<p>If you are not the sort of musician who is likely to sell a lot of  your music, it is important that you find a publisher who is experienced  in getting music synched. On the other hand, a rock band would probably  benefit from working with a publisher who can help pay for the  recording of demos and have a strong track record of securing record  deals \u2013 A&amp;R teams who have a reputation for being interested in  fresh talent often have this profile.<\/p>\n<p>Your priorities matter hugely when you consider who you might contact  within the companies you are interested in. If you are a songwriter or a  band, identify the person within the A&amp;R team that looks like the  best person to contact first, but if you are primarily making production  music you need to contact the person who is responsible for that.<\/p>\n<h3>Critical Question\u00a0#3: What Sized Publisher Will You Need?<\/h3>\n<p>Your priorities should also guide your choices when you consider what  size publishing company you want to work with. Large multinationals  often find it easier to get synchs and have more power to enforce  copyright, but you will be one of perhaps hundreds of thousands other  artists that they also represent.<\/p>\n<p>With a smaller publisher, you may get more attention and more  responsiveness. In the case of choosing a smaller publisher, you should  look into how they monitor usage and collect royalties internationally.<\/p>\n<h3>Critical Question\u00a0#4: Is Your Target Publisher Tuned Into Your Genre?<\/h3>\n<p>Naturally, it is really important that the publishers you shortlist  work successfully with your genre. It is not difficult to find out which  other artists they work with, so do your research.<\/p>\n<h3>Critical Question\u00a0#5: Is This a Good Publisher to Work With?<\/h3>\n<p>If you can get background information about how it is to work with the publisher from any of the artists, so much the better.<\/p>\n<h3>Critical Question\u00a0#6: Will You Be Properly Supported by This Publisher?<\/h3>\n<p>Once starting a dialogue with a publisher you should look after your  anchoring within the company, and not rely on having one champion alone.  You have better insurance against changes within the company (such as  people moving on to another job) if you have more than one person who is  enthusiastic about your work. Don\u2019t be lulled into a false sense of  security and relinquish control of your career, even if you\u00a0feel, and  are, being looked after \u2013 staying involved pays off.<\/p>\n<h3>Critical Question\u00a0#7: What Is the Best Way to Connect With a Good Publisher?<\/h3>\n<p>Try to first establish contact on the phone with the person you have  decided to send your material to. They may be receiving a lot of  proposals, and it can be hard to get noticed. By contacting the company,  and the correct person, by phone first \u2013 even if this requires a bit of  perseverance \u2013 you can introduce yourself and your work, and ensure  that the material you send in gets the attention it deserves.<\/p>\n<p>By doing this, you can also get absolutely current confirmation that  the person you have settled on is still the right contact. Don\u2019t forget  to also ask what format they prefer, so you can prepare your material to  meet and perhaps exceed their expectations. And no, an email usually  does not work anywhere near as well as a phone call when you first  contact a publisher.<\/p>\n<p>\u00a0<\/p>\n<h2>The nitty gritty<\/h2>\n<h3>Critical Question\u00a0#8: How Should an Advance be Structured?<\/h3>\n<p>Before you go into negotiations, it is good to know what you want  from a publishing deal, and to understand how you are likely to be  earning your publishing income. You may want to consider taking a  smaller advance in return for a better deal, as an advance is a  speculative \u2018withdrawal\u2019 from future royalties. \u00a0The larger the advance,  the longer it takes to start getting royalty cheques.<\/p>\n<h3>Critical Question\u00a0#9: What Knowledge Level Do I Need Prior to Signing a Deal?<\/h3>\n<p>Needless to say, you should seek legal advice from an entertainment  lawyer before signing a contract. \u00a0Although a good publisher will help a  songwriter navigate the contractual landscape of publishing rights and  revenue from airplay and use in productions of various kinds, you need  to know a few things about the business.<\/p>\n<p>It is good to be familiar with different types of rights that are critical to the monetization of your work, e.g. <strong>performance rights<\/strong> (the rights to perform your song), <strong>mechanical rights<\/strong> (for reproduction by electronic or \u2018mechanical\u2019 devises) and <strong>synch rights<\/strong> (e.g. for advertising). Without this awareness, it is easy to get  embroiled in complicated situations further down the line. You also need  to be very clear about how publishing income is to be split, if you are  working together with other people (songwriting partners, band members,  or other contributors).<\/p>\n<p>By incorporating this information in the copyright registration and  ensuring it is included in the contract with your publisher, you can  save yourself costly and painful future legal battles. It is bit like a  prenuptial agreement \u2013 no one likes thinking about it while romance is  fresh, but a few years down the line it may actually help prevent  conflict.<\/p>\n<h3>Critical Question\u00a0#10: What Are My Alternatives?<\/h3>\n<p>Is worth bearing in mind that there are alternatives to a traditional publishing deal, like <strong>self-publishing<\/strong>, <strong>administration deals<\/strong>, or <strong>non-exclusive deals<\/strong>.  The more you do yourself (e.g. if you are self-publishing), the more  you need to know about the business. \u00a0The advantage is that you may not  need to split the royalties with anyone, but you need to be very  involved in all the aspects of your career that a publisher would  otherwise cover, and going down this route without legal advice is  unwise. In the next section we outline a little more about the basic  types of deal you may be offered, along with their benefits and  disadvantages:<\/p>\n<h4>The Administration Deal<\/h4>\n<p>These deals work well for busy songwriters, giving the publisher the  right to licence or \u2018administer\u2019 any or all of young songs for  recordings, film and TV, commercials and so forth. They\u2019ll run the show  on your behalf, basically, also collecting the royalties for you. It\u2019s  less lucrative than self-publishing by registering with the collecting  societies, but far easier if you\u2019re a busy working musician without the  resources to do it all yourself. In return for its work, the music  publisher takes generally 10-15% of gross income, paying you at an  agreed period after usage.<\/p>\n<h4>Sub Publishing Deals<\/h4>\n<p>For many songwriters, assigning full copyright is something they  simply don\u2019t want to do. In that case, a sub publishing deal makes for a  good middle ground between an administrative deal and a fully exclusive  deal. Signing one of these means the publisher will actively look for  ways to earn you income via your music, with deals being made on a case  by case basis. Unlike administrative deals, some advances \u2013 albeit small  \u2013 can come out of this type of deal, which is a real plus.<\/p>\n<h4>Simple Song Assignment Deals<\/h4>\n<p>These simple deals involve assigning the rights to an individual song  to a music publisher, who can then sell it for you in as many ways as  they are able. As the musician, you can decide how much time you want to  sign over the copyright for, whether it be for life or a specific  rights period. \u00a0Again, small advances are not impossible, but payment  genuinely comes at agreed intervals. This is useful simple publishing  deal to get your songs out there earning for you.<\/p>\n<h4>Exclusive Publishing Deals<\/h4>\n<p>These are the kind of deals generally signed when an artist gets  \u2018snapped up\u2019 by a major label. The artist assigns the rights to all  compositions between a specific period of time to the publisher,  receiving a guaranteed percentage share of the earned income as well as a  monthly payment of some kind. These payments, the lifeblood of an  artist in the creative process, are treated as an advance and are offset  against future earnings from royalties. Increasingly rare these days,  the exclusive deal is the most sought after dream for the up and coming  musician, offering a modicum of financial stability in a genuinely  unstable industry.<\/p>\n<h3>Critical Question\u00a0#11 : Should I Really Self-Publish?<\/h3>\n<p>The internet age has changed the way music is both listened to and  distributed. The hold of the major labels is waning, with tiny  independents popping up like mushrooms, and many websites offering new  opportunities for musicians to put their own work out there, bypassing  labels and publishing houses altogether.<\/p>\n<p><strong>Create Space<\/strong>, a site owned by the Amazon group, is  one way to do this, allowing just about anyone to tap into the enormous  market share of Amazon for selling their CDs and Mp3s. Sign up here and  set your list price, then choose from a selection of royalty plans for  any digital downloads. Inventory and set-up fees are taken from cost of  sales, making this virtually instant and a genuinely groundbreaking way  to get your music out there. By uploading your music digitally, you can  even have Amazon print and manufacture CDs for you, with well-produced  cover art and full bleed covers. The promotion side will have to come  from you, but this type of self-publishing makes distribution simple.<\/p>\n<p><strong>Kickstarter<\/strong>, the world\u2019s largest funding platform  for creative projects is another way you might want to go. \u00a0After  appearing on reality TV, Jordis Unga, decided that to capitalize on the  following she\u2019d built up by going for album funding on Kickstarter. She  asked for $33,000, but in less than a day her project raised $50,000.  Quite an impressive way to get your first album made (and collect almost  every last penny)!<\/p>\n<p>Source: Digital Music News<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Critical Question #1: Is Your Career Even Ready for a Music Publisher? First of all,&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","footnotes":""},"categories":[25],"tags":[],"class_list":["post-3711","post","type-post","status-publish","format-standard","hentry","category-music-biz"],"_links":{"self":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts\/3711","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/comments?post=3711"}],"version-history":[{"count":0,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts\/3711\/revisions"}],"wp:attachment":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/media?parent=3711"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/categories?post=3711"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/tags?post=3711"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}