How many are both writers AND publishers?

feloniuspunk · Post by **feloniuspunk** » Thu Nov 10, 2005 5:05 pm

I noticed in some recent listings that the "deal" the lister is offering is that you get 100% of the writer's royalties and they get 100% of the publishers royalties.I'm sure many of you are smart enough to realize that writers get 50% of royalty profits and publishers get the other 50% of royalty profits.That's why I registered myself as a publisher when I "published" my first CD. I am holding out for deals where I can get both halves of the royalties. My publishing company is called Patiwak Publishing:http://www.broadjam.com/userimages/10585_45389.jpgIt's easy to become a publisher. Have you put out your own CD? Guess what, you quailfy! I just think it's kind of dumb to turn over half of the potential royalties to a stranger when you don't have to.I view these kind of licensing deals as shady and some of these shady folks are simply taking advantage of the uninformed, the innocent or the ignorant. Anyway, that's my two cents. I have been forwarded many times and have been offered "deals" where I'd have had to sign over my copyright to the company. I've turned them down. My copyright is all I really have to protect me. Why would I give that away?Opinions/comments?

hookstownbrown · Post by **hookstownbrown** » Fri Nov 18, 2005 5:33 pm

I don't know about the other cities, but in Nashville, you will not get your song signed to a major publisher unless you are willing to sign over 100% of your publishing.That's just the way it is down there for everybody. Smaller, independent publishers might negotiate.And you always sign over your copyright to any publisher. That's what a publisher does. They own the song when you agree to let them publish/pitch your song. You can negotiate a reversion into the contract, (after a certain amount of time, if the song hasn't been cut and released, copyright ownership reverts back to you, the author), but otherwise, the publisher owns your work and pays you according to the terms of your contract.

h2000 · Post by **h2000** » Sat Nov 19, 2005 6:55 am

I just finished cowriting and producing a couple songs for an artist who will be doing an independant release, and I was asking her about this very thing. I was explaining why she may want to self publish, so that she can retain more control and possible keep a greater percentage when making any deals. However, as pointed out, it is sometimes a matter of no choice to negotiate. I know that writers who self publish can negotiate away a percentage of the publishing to entice a deal. I'm wondering how Film/TV placements generally get handled. Do they require 100% of publishing, or are they willing to split publishing?

hookstownbrown · Post by **hookstownbrown** » Sat Nov 19, 2005 8:18 am

With film/tv, it would probably depend on if a library is involved with the deal... Technically, whoever does the deal is the publisher. I don't know that arena very well, but I'd think the libraries would want a piece of the publishing. Matto would know those answers...Any major publisher can get a song listened to with just a phone call. Trying that if your self-published? You'll waste every minute of your time unless you've got serious contacts and a track record...Best wishes...

ernstinen · Post by **ernstinen** » Sat Nov 19, 2005 9:37 am

Quote:And you always sign over your copyright to any publisher. That's what a publisher does. They own the song when you agree to let them publish/pitch your song.Hmmm, I don't believe that's correct. The songwriter owns the copyright. What the publisher "owns" is exclusive rights to pitch the song, and takes 50% of any monies that the song makes.Am I wrong? Matto --- Matto, where are you!? BTW, I'm a songwriter with my own publishing company.Ern

onoffon · Post by **onoffon** » Sat Nov 19, 2005 9:57 am

We don't have a publishing company, but we own all of our publishing and get paid accordingly, split in the same percentages as our writer's credits.Works for us - and we have something to bargain with...

h2000 · Post by **h2000** » Sat Nov 19, 2005 10:25 am

If you sign with a publisher, the publisher owns the copyright subject to any revision clauses that you may have. This doesn't mean you lose your writer status on the copyright. You will always be the writer, it just means that they control the rights to administer and use the song. In many cases, there is a copublishing deal where the publisher splits the publishing with the writer (usually 50/50). In this case the copyright is usually jointly owned. This would be the case if you had self published the song and then found an interested publisher who you wanted to copublish with you.The reason for self publishing is usually if someone is doing an independant release and is self financing the project. If this is the main outlet for the song, then this makes sense. But, otherwise it may be better to leave the publishing on the bargaining table to draw in some big juice to work the song for you.

hookstownbrown · Post by **hookstownbrown** » Sat Nov 19, 2005 10:29 am

Exactly... When you sign a publishing deal, you turn over ownership... The publisher owns your song...

ernstinen · Post by **ernstinen** » Sat Nov 19, 2005 11:15 am

Quote:Exactly... When you sign a publishing deal, you turn over ownership... The publisher owns your song...I have never heard of it put that way, that they "own" your song. Maybe it's just semantics!? Or maybe I'm an idiot! Ern

ernstinen · Post by **ernstinen** » Sat Nov 19, 2005 11:48 am

From a music attorney:"Publishers 'administer' your copyrights which is just an industry term for collect money. Not surprisingly, publishers do not do this for free. Most publishers will collect your money and give you half while they keep the other half as a fee. There are other arrangements, but this is the standard publishing deal.The songwriter 'assigns' the copyright to a publisher. This is a legal technicality in case the 'owner' of the copyright must sue to enforce a copyright."So now I get it --- legal technicalities. Sheesh! "Assign" means "Own" --- to lawyers. Ern

How many are both writers AND publishers?

How many are both writers AND publishers?

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