Is it ethical for a library to ask for writer's share?

[SteveBaruah]

So who gets the other 50% of the publisher's share?

- I do.

Library gets 50% writer's share and 50% publisher's share
I get 50% writer's share and 50% publisher's share.

For their normal placements I get exactly what anyone would get with a 'normal' deal, it's just broken down differently.
Just in some exceptions where they have to give the music supervisor something, maybe 40% of publishing, we bear the 'cost' of that equally, so I would be left with 30% publishing and the library with 30% publishing (while keeping our 50% writer''s shares).

I would normally NEVER give the writer's share away, and I'm signed to several libraries where I get placements, so it's not like I'm desperate . I've turned down these bad deals several times where the library wants to take more than is reasonable. But I am considering this deal as I think it could be worth it.

[DesireInspires]

I don't see the advantage of giving up a portion of your songwriter's share to someone who did not write the music. Is there upfront money? Are the songs guaranteed to get placed?

[SteveBaruah]

Is there upfront money? Are the songs guaranteed to get placed?

- Nope. And there is no advantage, it just gets the deal done.
But it raises a good question, purely in terms of what shows up on my BMI statement, is there any difference between the 'publisher's share' and the 'writer's share', especially when the cue I produced is being re-named under a non-exclusive contract? Genuine question as I don't know...
For example 50% of the writers share earns the same as 50% of the publisher's share.....right?
Are there any other special rights that go along with the individual shares?

[andygabrys]

They should be the exact same.

Just on different statements.

[SteveBaruah]

They should be the exact same.

Just on different statements.

Cool.

[Casey H]

Steve
They would register your track under a new title with the writers as 50% you, and 50% them and the publishers as 50% your publishing entity and 50% theirs. However, your ability to collect as a publisher varies according to PRO. For example, here in the USA, if you are with ASCAP you have to create a publishing company to collect a publisher's share. BMI allows a writer to collect publisher share without creating a publishing company. I see you are in Australia so I assume you are with APRA. You'd have to check with them as to how it works with them. And if you already have an APRA publishing company, it's a no brainer.

Different PROs have different payment schedules as far as writers, publishers, etc. Writers and publishers are not always on the same schedule. With ASCAP, I get my publisher payments on a different date than my writer's. And international payments can be on another time schedule. But you do get paid for everything.

Also as far as the re-title... If they end up giving away 40% of the publishing to another party such as a TV production company, they would register the track under ANOTHER re-title, with all those splits identified.

Best of luck!
Casey

[andygabrys]

BMI releases writers and publishers royalties, domestic and foreign, all on the same day.

[SteveBaruah]

Excellent info, Casey and Andy, thank you.
I am based abroad but I am affiliated with BMI. I am just filling out the forms to create my publishing company with BMI. I didn't know I can claim publishing without setting up a company, but it can't hurt to set it up

[stevebarden]

Guys, don't encourage this type of behavior! While it's true that production companies are getting wise to publisher royalties, I've spoken to several music library owners on this subject and they all agree that this is unethical behavior on the part of the production companies (possibly even illegal). This amounts to a "pay-to-play" kickback. If it smells like "payola", it is. If these production companies want to take publisher rights then they should register as publishers and hire on composers directly. Shame on these music libraries for allowing it.

[Casey H]

Steve Barden
Yes, I made it clear in posts above that I am against deals like this as they adversely affect all songwriters and composers in the long (or even short) run.

Steve Baruah will have to make his own decision.

Best,
Casey