Publishing Deal ????????

[lucky]

A Music publisher is interested in promoting our Songs to Movies, T.V. etc.He has been in the Biz for 40+ years & has Published many Artist's over the years. He gets Movie, T.V. deals for many of his Artist's Hit Songs. Most are '50's & '60's Song's. He wants us to give Him the Publishing & give us the Writers'. Is that normal? We are naive about this aspect of the Biz. We could use some good advice.What do you recommend?Thanks,Lucky "The Larson Brothers Band"

[davewalton]

Quote:He wants us to give Him the Publishing & give us the Writers'. Is that normal? Absolutely perfectly normal. BUT... enlist the services of an entertainment attorney to go over the contract. That hour or two of time is a good investment. Most contracts are all variations of the same thing, so if your attorney can give you his/her blessing as well as a little tutorial on the basics you'll be at ease and you'll also be able to handle the regular offers on your own in the future. You'll instinctively know when it's time to get a professional involved for unusual or unfamiliar situations.

[lucky]

Are Pubishing Deals on a per song Basis? Do songwriters sign Publishing Deal's covering all their Songs? My Brother & I write Songs together. Would it be out of line to request a 3 way split? Split Publishing 3 ways & Writers 3 ways. What are the advantages or disadvantages?Are there right of reversion clauses in the event Publisher doesn't place Song's?What are the advantages or disadvantages?We never got this far before & we don't to regret our next move.Thanks,Lucky

[Casey H]

Quote:Are Pubishing Deals on a per song Basis? Do songwriters sign Publishing Deal's covering all their Songs? My Brother & I write Songs together. Would it be out of line to request a 3 way split? Split Publishing 3 ways & Writers 3 ways. What are the advantages or disadvantages?Are there right of reversion clauses in the event Publisher doesn't place Song's?What are the advantages or disadvantages?We never got this far before & we don't to regret our next move.Thanks,LuckyMost publishing contracts are called "single song" contracts. However, that can refer to one song or a group of songs listed on the contract. Typically, the revenue split is 50% (100% of the "Writer's Share") to the writer(s) and 50% (100% of the "Publisher's Share") to the publisher. A three way split in this case would not likely fly with a publisher. You and your brother would each get 25% (50% of the "Writer's Share). What he is offering is very standard and fair.A reversion clause is something, as a songwriter, you definitely want in a publishing contract. Most contracts have you sign over ownership of the song up front to the publisher. A reversion clause states that if they don't make a placement within N years, all rights and ownership revert back to you. Without this, you have given the publisher something for eternity.I can't get into more detail right now, but I recommend you get a copy of Donald Passman's book, "All You Need to Know About the Music Business" or similar and learn as much as you can about the industry.Congratulations on the offer!!! ... I suggest you have an entertainment attorney look over the contract before you sign it. Casey

[stansongman]

I second everything that's been said above. First of all, congratulations! That said, once you've verified that this publisher is the real deal, make sure you get an entertainment attorney to review the contract, and make sure there's a reversion clause. The writer/publisher split being offered is standard. Good luck!

[guscave]

Quote:My Brother & I write Songs together. Would it be out of line to request a 3 way split? Split Publishing 3 ways & Writers 3 ways. What are the advantages or disadvantages?The standard practice is that the publisher keeps 100% of publishing while you keep 100% of the writer's share. Don't ever offer a publisher any part of your writer's share.

[Casey H]

Quote:Quote:My Brother & I write Songs together. Would it be out of line to request a 3 way split? Split Publishing 3 ways & Writers 3 ways. What are the advantages or disadvantages?The standard practice is that the publisher keeps 100% of publishing while you keep 100% of the writer's share. Don't ever offer a publisher any part of your writer's share.Just to make sure we've all been clear... 100% Writer's Share = 50% Total Revenue (*)100% Publisher's Share = 50% Total Revenue (*)Sometimes this can be confusing depending on how it is phrased...(*) This applies to revenue from performance royalties (radio/TV airplay or other public performance) from PROs such as ASCAP. BMI, SESAC, etc. For upfront licensing fees for film/TV placement, a 50/50 split is common but it does vary according to contract. There is also revenue for sheet music copies which also varies from contract to contract. Good luck!Casey

[lucky]

Thanks for the feedback.Lucky

[lucky]

I Have a meeting this week with the Publisher to sign Contract. We're ok with the 50/50 deal. We want a reversion clause in the event nothing happens. What's a reasonable time limit?Are there any other things we should be thinking about? like what if other Artist's record our song's? What if we get offered a better Publishing deal? Or a Record deal? Or Licensing, which we don't really understand at all? And all the other nuance's regarding the Music Business.Thanks,Lucky

[guscave]

Lucky, Reversion clause can run anywhere from 6 months (if you have the clout to pull it off) to up to 2 years. I would try to keep it under 1 year.On another note:I'm hoping you're going into this deal in which a music attorney that has already has reviewed the contract. A lot of your questions should be answered by that attorney because he/she is the one who has reviewed it. Best to ya,