Publishing Dilemma ... Help?

[brian_ellefson]

Hi guys, I've been reading around everwhere and can't find an answer to this question (if there is just one answer). Let me frame it up here ...

As a new artist, I've been out looking for music libraries, using Taxi, looking into online radio stations, etc. I've got two companies that will give me non-exclusive contracts to push a few of my songs and Taxi just forwarded three to someone else. It doesn't seem like a problem finding internet radio programs either (that will play and promote as long as you'll sign something freeing them from paying ASCAP, etc.). Everything I've looked at and done so far has been in the interest of exposure. So, since I'm "new" I've put more focus on exposure than I have on revenue.

So having said that, here's my question ...

If my ultimate goal involves finding a real publisher that will help me secure label backing and work with me closer than music libraries to push and sell my music ... is all of the work I'm doing up to this point going to make it too cloudy for anyone to work with me? Sorry, that's not very clear. Basically, I'm worried that by signing contracts with music libraries and finding sources to play my music (sometimes for free) that it's going to affect my value to a publishing company.


Please let me know your thoughts and experience with this. I'd really appreciate it. Oh, and any questions, too. Thanks for your time. -Brian

[simonparker]

Hi Brian,

I'm not sure I can give you an answer, but I'm sure I can give you an opinion that can help.

If I am reading you correctly, your concern is, being "connected" with multiple avenues of "exposure" might "dull" your attractiveness to a publisher, now that everyone has heard your music or that you're working with too many people... I think it is pre-mature to draw up such an assumption. For starters, publishers are looking at you for the sole purpose of making money. It's a business. I don't think publishers will be too concerned of a song you wrote 3 years ago, unless that song is the only in your catalog that is redeeming and it's locked up in a contract. Let's take a songwriter like Kara Dioguardi for example. She's written a gazillion hits. Let's say hypothetically that she's now looking for a new publisher for her songs on a go-forward basis. All her other tunes are locked up. Do you think a publisher would pass up on signing her with the potential of her having dozens of more hits coming down the pipeline? The bottom line is the bottom line. If there's potential for money to be made that's acceptable to a publisher, they're going to work with you regardless of whether your last 10 songs are being played on royalty free internet radio.

So if you can put together quality music that a publisher believes they can place, they will be more than interested in working with you. Under the premise that you continually improve your songwriting and music skills (or are able to reinvent yourself as the market changes), I think songs that you're putting on the web or working through libraries now, will have no influence on whether a publisher will want to bring you on board.

[Kolstad]

I'm no expert on the business end, but I think Simon is absolutely right. Publishers are basically on your side. They can't make money unless you do, so it's win-win potential. The contracts you really should read carefully are the ones offered by labels, as they will can make money no matter if you do or don't..

[Casey H]

The answer is variable because of so many different types of music libraries and publishers as well as their particular contracts. So here are a bunch of points but there are no perfect answers for any situation.

From the best of my knowlegde, publishers do not help you secure label backing, they pitch your songs to artists and sometimes film/TV. So you need to be clear on your goal here, thought there may be mulitple ones. Is your goal to get a song you wrote placed with an artist? Is it to get a label deal for yourself as an aritst? Is it both?

Most likely from the non-contractual side of things, more exposure of any kind would make you more attractive to publishers pitching songs to artists. A publisher would rather pitch a song and be able to say "it's written by XYZ who had songs on TV Show ABCD". That being said, artists are sometimes fussy about them being the first ones to expose a song. Usually that applies only to artist cuts, not film/TV.

Most non-exclusive library contracts and many exclusive ones are specific to film/TV (sync w/ video) pitches and do not give rights to pitch songs to artists. So there would be no conflict with a publisher who only does song pitches and not film/TV. BUT, you'd have to disclose your other deals and make sure it is OK with the publisher. Typical "publishing" contracts are exclusive to all things regarding the composition. So it will vary per publisher.

There are some exclusive library deals that essentially are publishing contracts and cover all aspects of the composition. So read carefully.

Many non-exclusive library contracts do have exit clauses whereby you can remove songs with a certain amount of written notice. So with those, if you get an exclusive offer down the road, you could remove the tracks from those non-exclusive libraries. However, some non-exclusive contracts have very long terms or are forever ("in perpetuity"). So keep in mind that if you sign a "forever" non-exclusive on a song, you can never sign an exclusive on it unless they do not overlap (e.g. one is film/TV and one is pure song pitch).

In terms of getting a label deal for yourself as an aritst, labels only sign artists nowadays that already have a big buzz around them, have sold a lot of indie CDs and/or iTunes downlaods, etc so getting your songs in film/TV is a big plus.

And finally, here's MHO... The odds of an artist getting a label deal are so small in today's music world (not saying that to be discouraging, just practical), that I would just move forward with every ounce of exposure I could get and not worry about this at all. That is, unless you have potential label deals brewing right now.

Best of luck!
Casey

[mojobone]

Most of your early deals will likely be on a 'per-song' basis, so they're unlikely to jam you up as either a writer or performer, only as the writer/performer of those particular songs, and you can always write more, yes? Having more people hear more of your songs is generally considered a good thing.