For independent artists navigating the complex world of music, the question of publishing often arises: should you manage your own music publishing, or is it better to work with a traditional publisher or even relinquish ownership of your master recordings to a record company?
Understanding Music Publishing
Music publishing involves the exploitation and administration of your musical compositions (the underlying melodies and lyrics), as distinct from the sound recordings (the master recordings). Publishers are responsible for:
- Registration: Registering your songs with Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC in the US, and collection societies globally.
- Licensing: Granting licenses for various uses of your music, such as:</li
- Synchronization (Sync) Licenses: For use in film, TV, video games, and advertisements.
- Mechanical Licenses: For physical and digital reproductions (CDs, downloads, streaming).
- Performance Licenses: For public performances of your music (radio, live shows, streaming).
- Print Licenses: For sheet music.
- Collection: Tracking and collecting royalties generated from these licenses.
- Promotion: Actively pitching your music for sync opportunities and other uses.
Option 1: Self-Publishing - Taking Control
As an independent artist, you have the option to act as your own music publisher. This means you take on all the responsibilities outlined above. When self-publishing your music, you hold all the rights, intellectual property, publisher's credit, and songwriter's credit.
Pros of Self-Publishing
- Full Control: You retain 100% ownership of your publishing rights and make all decisions regarding licensing and usage. As Soundcharts notes, you are not bound by obligations that are part of most publishing deals.
- Higher Revenue Share: You keep the publisher's share of the royalties, potentially increasing your income. Self-published musicians can earn higher profits per album or song sold compared to signing with a record label.
- Direct Relationships: You build direct relationships with PROs, licensing agencies, and potential collaborators.
- Greater Transparency: You have complete visibility into how your music is being used and the royalties generated.
- Faster Decision-Making: You can act quickly on opportunities without needing to consult with a third party.
Cons of Self-Publishing
- Significant Time and Effort: Managing publishing is time-consuming and requires a strong understanding of the industry's legal and administrative complexities.
- Lack of Expertise and Connections: You may lack the established relationships and expertise of a traditional publisher to effectively pitch your music for lucrative sync deals and other opportunities.
- Administrative Burden: Tracking royalties, issuing licenses, and handling disputes can be overwhelming.
- Cost of Infrastructure: You may need to invest in software and resources to manage your publishing effectively.
- Potential for Missed Opportunities: Without the proactive pitching efforts of a publisher, your music might not reach its full potential for licensing.
- No Advance: Unlike traditional publishing deals, you won't receive an advance on future royalties.
Option 2: Working with a Music Publisher
A traditional music publisher will partner with you to manage the administrative and promotional aspects of your compositions in exchange for a percentage of the publishing royalties.
"Teaming up with a music publisher provides numerous benefits, ensuring that an artist's music career is robust and sustainable." - SoundOn
Pros of Working with a Publisher
- Industry Expertise and Connections: Publishers have established relationships with music supervisors, advertising agencies, and other potential licensees. They know what people from advertising agencies, film, and TV are looking for.
- Proactive Promotion: Publishers actively pitch your music for sync placements and other opportunities you might not be aware of.
- Administrative Support: They handle the complexities of registration, licensing, and royalty collection.
- Global Reach: Many publishers have international networks to exploit your music worldwide.
- Creative Input and Collaboration: Some publishers offer creative feedback and connect songwriters with potential collaborators.
- Financial Security: Music publishers help secure a consistent stream of income for artists by correctly monetizing every play, purchase, or use of a song.
Cons of Working with a Publisher
- Reduced Revenue Share: You will typically split publishing royalties with the publisher (often 50/50).
- Loss of Control: The publisher will have significant input into how your music is used and licensed.
- Potential Conflicts of Interest: A publisher may have a large catalog and may not prioritize your music. As TuneRegistry points out, it can be difficult to be a publisher's priority if you're a smaller band.
- Contractual Obligations: Publishing deals can be complex and may tie up your rights for a significant period.
Option 3: Record Company Ownership of Masters vs. Publishing
It's crucial to distinguish between ownership of your master recordings and your publishing rights. Traditionally, record companies invest in recording, distributing, and promoting your *sound recordings* (the masters). In exchange, they often own these masters.
Record Company Owning Your Masters
When a record company owns your masters, they control how those specific recordings are used, distributed, and licensed. This is a separate agreement from music publishing, which concerns the underlying song.
The Danger of Combining Master and Publishing Deals
Some record deals, particularly those offered to less experienced artists, might attempt to take a portion of your publishing rights in addition to owning your masters. This is generally highly unfavorable for the artist as it gives the record company control over both the recording and the underlying composition, significantly reducing the artist's potential income and control. As OUROBOROS notes, these exploitative practices have existed and thrived, with record companies often keeping all rights to an artist's creations through lengthy contracts.
Maintaining Your Publishing Rights
Ideally, as an independent artist, you should strive to retain your publishing rights, regardless of whether you license your masters to a label or self-release. This allows you to independently explore publishing opportunities or partner with a dedicated music publisher who specializes in maximizing the value of your compositions.
"Music and the music business are two different things." - Van Morrison
Conclusion: Choosing the Right Path
The decision of whether to self-publish or work with a publisher depends on your individual circumstances, resources, and goals. Self-publishing offers maximum control and a larger revenue share but demands significant time and effort. A traditional publisher provides expertise and connections but comes with a reduced share and less control.
Crucially, always be aware of the distinction between master recording ownership and publishing rights, and be wary of any agreement that seeks to take a stake in both without providing significant and distinct value for each.
For independent artists, understanding these options and their implications is vital for building a sustainable and successful career in music.
