Advise on Publishing Rights

B

boombastik

New member
[h=2]Hello everyone![/h]

Recently I had the chance of meeting a well-known artist and that person asked me if I could produce a song for him (no contract for it). He liked it and even said it could be a hit. Now they have pre-recorded the song with small changes and are offering this pre-agreement: lyrics: 60% (for me) 40% (for him) music: 70% (for me) 30% (for him)

It seems they want the publishing rights and obviously I am an unknown artist/producer and he is internationally famous so I am going to be able to say that I’ve worked for them, but… Will I see enough money from this agreement? Are they trying to take advantage from me? Does the money come from the publishing rights? Should I keep a percentage of the publishing rights?

Thank you very much for your help guys.:D​
 
When people talk about "publishing rights" in this context, they mean the "publishers share." There are two "100%" shares in publishing, the songwriter's share and the publishers share. You will not lose your songwriter's share, unless you were to sell the copyright outright as a work-for-hire (_never_ do this), but you will not get any of the publisher's share. You are giving up some of the writer's share by accepting the co-writing terms presented (although their split sheet breakdown doesn't seem to make sense; once a copyright is filed with the LOC, there is no distinction between "lyrics" and "music," both are equally owned by whichever names are on the copyright form).

While it's true that the publisher's share could be significant if the song is a hit, think about this: a) Do you have any hits now?, b) If the song is a hit, will it get radio airplay? C) Will it get other forms of media presence (TV? Digital Distribution? Licensing income from films or commercials?)... If the answer to a) is "no," and/or b) and c) is "yes," you should be able to figure out what to do next-- it would seem that the benefits outweigh the risks.

There is also always the opportunity for d) negotiate something different. Why not ask for a small piece of the publishing? Say 20-30% of that end? Why not include some type of reversion clause, such as they need to secure a properly produced and distributed "cut" of the song within a certain amount of time (6 mos., a year, 2 years?), or all rights revert to you.

It sounds like a good opportunity. Don't be afraid of it, but do be proactive, and do ask questions. The way people respond to questions can often be helpful in revealing their motives and/or what it might be like to work with them.

The previous should in no way be construed as "legal advise," which should be sought from a competent licensed attorney conversant in entertainment/copyright/intellectual property rights.

GJ
 
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