Publishing 101: Good publishing deals do exist

Dear Major Rotation,

After years of playing bars, recording albums and watching other musicians get rich enough to afford new tires, I’ve finally attracted some interest from a music publisher. After hearing all the horror stories about artists getting ripped off, I’m wondering what a GOOD publishing deal actually looks like. Is there such a thing?

— Still Own My Songs

Dear Still Own My Songs,

Absolutely. Good publishing deals exist. So do honest promoters, sober drummers and bass players who help load the van. They’re just harder to find than you’d think.

First, understand what a publisher is supposed to do. They’re not there to admire your genius, compliment your chord changes or tell you your latest song reminds them of early Springsteen. That’s what your girlfriend is for, and she’s probably lying.

A good publisher WORKS your catalogue. They pitch your songs to recording artists, film producers, television shows, advertisers and anyone else with a cheque book and functioning ears. They chase royalties, collect money from foreign territories and make sure you’re getting paid when somebody in Belgium uses your song to sell sausages.

Now, let’s talk percentages.

In a traditional co-publishing arrangement, you might retain your songwriter’s share and split the publisher’s share 50/50. That often works out to you receiving 75 percent of the total publishing income. Not bad, provided the publisher actually does something besides update their LinkedIn profile. Administration-only deals can cost less because you’re paying someone to collect money, not surrendering a chunk of your creative empire.

Then there’s the advance. Yes, take the money if the terms make sense. But remember, it’s usually recoupable against your future royalties. It’s not a reward for being brilliant. It’s a loan against your own potential, without the bank manager asking why your annual income resembles a paperboy’s.

Here’s what you really want: a reasonable contract term, clearly defined rights, transparent accounting, regular royalty statements and a way to get your songs back if the publisher spends three years doing absolutely nothing with them.

And don’t overlook the most important question: Who is actually going to pitch your music?

If the answer is a specific person with real industry connections and a track record of placements, you’re getting somewhere. If the answer is “our global creative team,” you may have just signed with a website.

A great publisher should be able to explain exactly how they intend to make money from your songs. Because here’s the beautiful thing about a properly structured publishing deal: when you make money, they make money. Everybody wins. Even Brad, who somehow still has a job.

So don’t be afraid of signing a deal. Be afraid of signing a bad one. Negotiate, get yourself a proper music lawyer and never confuse somebody’s enthusiasm for your music with a commitment to sell it.

And one final thing. If a publisher tells you they’re going to make you a star, ask them to put that in writing.

Watch how quickly they change the subject.

— Major Rotation