Advantages to owning your own publishing co?

[annayarbrough]

Hey folks,

Forgive me if this has been talked to death, but I couldn't find complete answers to my Qs in the archives!

I've heard there are advantages to owning your own publishing company when it comes to writers receiving the publisher's share (when no publisher is listed) - particularly for overseas work/placements, where they may not have the same practice as the US of allocating the publisher's share to the writer automatically if no publisher is specified. (For example, I've heard of instances where overseas companies don't always send the right info back to the PRO, just because their way of doing things is not the same).

Some context - I'm with BMI, so if no publisher is listed I'll get that share automatically.

So my questions are as follows:

1. When have you found it helpful to have your own publishing -- are there any particular advantages, or situations where you have found it useful?

2. I can see it's pretty easy to set up with BMI -- do you need to do anything other than fill out the info and pay the $150 fee?

3. When exactly do you use the name of your publishing company (and are there any instances where you choose not to, if you have one)?

4. Any issue choosing names?! Obviously a quick google search will tell you if that name is being used elsewhere, but have you ever heard of instances where there are two publishing cos with the same (or very similar) names? Do you have to register your name anywhere else?

5. Do any of you use your own publishing for things like EP releases, and if so, how does that play into everything?

They say there are no dumb questions.........

IN SUMMARY....... should I do it and why?

[andygabrys]

1. When have you found it helpful to have your own publishing -- are there any particular advantages, or situations where you have found it useful?

I have scored some indie films and I own the music outright after negotiating a creative fee. My pub company picks us the pub share.

I have had some music in libraries that only take 50% of publishing. My pub company picks up my part of the pub share.

I have co-writes with people who are in different PRO's both in US and Canada. For tunes picked up by music libraries where the library picks up pub share its not an issue.

But if it is self-released or licensed directly:

I can say that having a co-writer who has a pub company, and you use excess writers clearance is sometimes an issue as ASCAP I believe doesn't do "excess writers clearance". It can cause a registration issue.

If you have a marginal income on a music licensing business and you are looking for ways to substantiate it for tax reasons (i.e. not drawing attention for an audit) - having a pub company and associated bank account can help.

2. I can see it's pretty easy to set up with BMI -- do you need to do anything other than fill out the info and pay the $150 fee?

No. But they will ask you for 5 company names in case they run into a situation where your first pick is already registered in their database.

3. When exactly do you use the name of your publishing company (and are there any instances where you choose not to, if you have one)?

See above but its really only for self-released, direct to super or production company or ad agency placements or film work where you aren't required to give up pub share.

Or if you want to form a music library in the future I suppose.

4. Any issue choosing names?! Obviously a quick google search will tell you if that name is being used elsewhere, but have you ever heard of instances where there are two publishing cos with the same (or very similar) names? Do you have to register your name anywhere else?

see above - BMI might already have that name in use.

HTH. Just my experience.

Andy

[annayarbrough]

HTH. Just my experience.

Andy

SUPER helpful, Andy. Thanks for taking the time!

[harpfool]

My understanding is that your publishing company becomes the copyright holder of your songs - you assign your personal copyrights for past catalog to the publishing co (sending the appropriate agreement and fees to the regulatory agency), and put in place an agreement that all new creations will be copyrighted by the publishing co. Is that correct?

[mojobone]

Yep, self-releases are exactly why I have a publishing company. Also handy for direct licensing, when I do that.There really aren't any downsides, imo.

[mojobone]

My understanding is that your publishing company becomes the copyright holder of your songs - you assign your personal copyrights for past catalog to the publishing co (sending the appropriate agreement and fees to the regulatory agency), and put in place an agreement that all new creations will be copyrighted by the publishing co. Is that correct?

You can do that; you don't have to. As writer, you get to assign your copyrights as you see fit; maybe it makes sense for your co-write to be published by your writing partner's company, as per Andy's post, above. That little discrepancy is reason enough to register as a publisher, imo. Obviously, if you don't have a publishing company, you can't do co-publishing or sub-publishing deals; that's a real can O' worms, but it's another way to earn.

[annayarbrough]

Also handy for direct licensing, when I do that.There really aren't any downsides, imo.

Ahhh yes, hadn't thought of that!

[Kolstad]

Great thread everyone, def. food for thought!