Join Richard Stim for an in-depth discussion in this video Publishing, part of Music Law: Recording Management Rights and Performance Contracts.
- Music publishing contracts are made…between music publishers and songwriters.…Typically, the songwriter transfers the song…copyright or a co-ownership interest…to the music publisher, who in return agrees…to promote the songs and administer…the collection of payments from companies…using the songs.…The publisher keeps a percentage of the total…song income, typically 25%.…Some music publishers enter into arrangements…where they don't own the song copyright…but just administer it, known as administration…deals, and in which the administrator receives…a fee of 10 to 20%.…
At the heart of a publishing contract…is the song copyright, one of two types…of copyrights associated with music.…The other is the sound recording copyright,…which is acquired by a record label…under a recording agreement.…The owner of the song copyright is entitled…to get paid whenever copies are made…of the song, whenever it is played on the radio,…downloaded from the internet, covered by another…musician, or used in an advertisement,…movie, or television show.…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration