Music Publishing 101

Dear Major Rotation,

My band has been offered a publishing deal. The company says they believe in our songs and can get our music into films, television and commercials. They want a percentage of our publishing, but they’re offering an advance. It sounds like the big break we’ve been waiting for. Should we sign?

— Almost Famous, Almost Broke

Dear Almost Famous,

Congratulations! Someone in a nice jacket has discovered that your songs might be worth money. Naturally, their first instinct is to make sure some of that money belongs to them.

Welcome to music publishing, where you write the songs, suffer through the heartbreak, spend three months arguing with your drummer over the second verse, and some guy named Brad gets a piece because he once had lunch with someone at Netflix.

First, let’s talk about that advance. It’s not a gift. It’s not a signing bonus. It’s generally your own future royalties arriving early, wearing a cheap suit and pretending to be a lottery win. Before you see another dime, that advance usually has to be recouped. Read the fine print, because Brad certainly has.

Next, there’s the little matter of ownership. Are they administering your songs, taking a share of the publishing income, or actually acquiring copyright? Those are three very different propositions. One is a business arrangement. Another is a partnership. The third might mean your grandchildren need permission to use your music in a documentary about how badly you handled your career.

And beware of the phrase “We really believe in your music.” So did your mother. She didn’t ask for 50 percent of the publishing.

A good publisher can absolutely open doors, pitch songs and generate income you’d never see on your own. A bad one can park your catalogue in a filing cabinet until the sun burns out, while you proudly tell people you’re “signed.”

So ask questions. What’s the term? What rights are they taking? What happens if they don’t land a single placement? Can you get your songs back? And most importantly, have an independent music lawyer read the contract before you sign away something you created at three in the morning with a bottle of cheap whisky and a broken heart.

Remember, kid: The music business is full of people who love your songs. Especially when they own them.

Keep your masters, mind your publishing, and never trust a man who calls you “brother” before discussing percentages.

— Major Rotation