SOME FREQUENTLY ASKED QUESTIONS
ABOUT  MUSIC PUBLISHING AND MUSIC ADMINISTRATION

by Todd A. Myers
Attorney at Law
Vargo Myers Janson, P.C.
6464 West 14th Avenue
Lakewood, CO 80214
303.238.8832
tmyers@vmjlaw.com

What or who is a music publisher?

A person or business who has a publishing contract with a musician for the collection of all money royalties in regard to the commercial exploitation (marketing) of a song or songs.  The musician usually transfers his copyright interest in the song(s) to the publisher for a limited time period and in exchange the  publisher collects the music royalties and remits a portion to the musician and keeps a portion as a fee (usually a  percentage).   The publisher does many things to exploit and market the music.   The publisher may also manage the musician.

What is the difference between music publishing and music administration?   

In an administration agreement,  the musician keeps the music copyrights for himself; and the administrator primarily collects the royalty income and distributes it.  The administrator usually does not market the song(s); but assures that  all due royalties are collected.  The administrator usually does not get involved in managing the career of the musician  and usually does not pay an advance to the musician.  The administration agreement is usually shorter than a publishing agreement, say one year, and then either party can cancel it upon reasonable notice. Sometimes this administration agreement is called a licensing agreement.

What does the music publisher or administrator do to exploit or market the musician's songs?    

The publisher/administrator collects the (1) performance royalties (ASCAP/BMI), (2)  mechanical royalties (from the sale of cds, records, tapes), (3) print income (from the sale of sheet music), and (4) synchronization fees (from selling the songs to television, video,  film and for commercials where the songs (or portions of songs) are set to the visual images).  The publisher/administrator may also negotiate with record companies for the release of a song(s) and may negotiate the release of the song(s) overseas in foreign distribution agreements and/or subpublishing agreements.

How does the music publisher or administrator interact with a record label on behalf of the musician?

The publisher may work with the musician to negotiate with the record label for the release of a   single song or an album.  The publisher may first negotiate with a smaller independent record label with the idea that a major record label may later pick up the musician if the record is a commercial success. 

Can a musician be his or her own music publisher or administrator?  

Certainly, it is common for the musician to self-publish or self-administrate his or her songs.

Can a publisher or administrator also be the musician's record label?

Yes, this too is rather common; but sometimes musicians want separate publishers/administrators and record labels so to have a way to cross-check proper accounting of royalties.

Can a publisher also be the musician's manager?

Yes, the manager manages the career of the artist and also tries to exploit and market the songs of the musician.  A manager collects a percentage fee from the live performances of the musician and may assist (like a booking agent) in attempting to get live performances for the musician. Usually, a publisher does not share in a musician's live performance income.   The manager also tries to get the musician a record deal(s) and promotes the musician.  The publisher, however, works to market the songs of the musician and also collects and distributes the performance, mechanical and synchronization royalties.  

What is a typical fee percentage for music publishing and administration?

50% is  traditional for publishing;  but it may be as low as 10% to 25% to the publisher especially if the artist is good at self-promotion.  For administration, the fee is usually  less than publishing because it does not involve marketing so much as just the collection of royalty income.

How long is a typical copyright transfer for music publishing?

Hard to say.  The transfer or assignment may be as short as several years or as long as the life of the music copyright which is 75 years (for songs written after 1978) past the death of the musician or the death of the last musician in the case of a co-written song (Copyright Act of 1976).  With extensions filed, the copyright protection can last 95 years past the death of the musician.

How does a musician tell if a publisher or administrator is a professional?

Ask for a list of the artists already signed with the publisher.  Determine how long the publisher has been involved in the music business and whether the publisher has other experience in the music business like writing, performing, managing,  producing, etc.  Also determine if the publisher has a good reputation regarding accurate accounting and timely remitting of payments.
The publisher has to know many players in the music business to appropriately publish the musician's songs.

What is the typical contract period?

12 months is typical with several option periods which may extend the contract to 3 or 4 years or longer.

What is the musician's commitment?

Typically, the terms of a publishing agreement are to deliver a certain number of professionally recorded songs per year to the publisher and/or record label and for the musician to be exclusively bound to a single publisher/administrator for the length of the contract.

How frequently do publishers or administrators account to the musician?

Usually on a semi-annual or annual basis because quarterly accounting is too time consuming  for the publisher or administrator.

Does the musician have a right to look at the accounting of the publisher or administrator?

Yes.  Most probably the right to audit the publisher's accounting  would be spelled out in detail in the publishing or administration contract.  Usually accounting is allowed no more than once per year at the offices of the publisher.  The  musician should hire an accountant to look over the books if they are at all complicated.  A publishing account audit is usually less complicated than a record label  audit; but in any regard it should be periodically done--even if only to catch small  or unintentional errors.  Sometimes the agreement will stipulate that the accounting is accepted after a certain number of years unless checked by the musician within that time period.

Revised 5/15/07

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