IN THE BIZ, PUBLISHING IS ABOUT GENERATING ROYALTIES OR, MORE SIMPLY, MAKING MONEY WHEN YOUR MUSIC IS USED FOR ADS OR FILMS. THOUGH SONY PICTURES MIGHT NOT CALL YOU TOMORROW, YOU SHOULD KNOW WHAT MUSIC PUBLISHING IS ABOUT AND HOW TO MAKE THE MOST OF IT.

SO WHAT IS PUBLISHING?

As soon as a song is created and documented (a simple recording is sufficient documentation), it’s automatically copyrighted to the composer. That’s you. Which means you’re protected by law if anyone tries to rip off what you’ve done and use it for their own gain.

In Australia, writers hold their copyright throughout their lifetime, and then for another 70 years, after which it falls into the public domain - a handy thing to know if you’re interested in sampling someone else’s track.

Check out the Australian Copyright Council if you want more info.


CASHING IN ON WHAT YOU'VE GOT

Generally, publishing companies operate separately to the recording companies; the former can help you make a deal with the latter, or vice versa.

We’re sorry to tell you, but there’s no sure fire way of getting a publishing deal. To improve the odds, do your research, be professional, put all you can into every gig and, importantly, write a damn good song.


KEEPING IT IN THE FAMILY

While record labels sign bands up together as a group, publishers tend to focus solely on individual songwriters. Whoever writes your material will end up with a bigger percentage of the royalties, which can often makes for very unhappy musos. Some of the biggest bands get around this by sharing their writing credits or a percentage of their publishing royalties. We're not telling to you how to suck eggs, but it's important to get this out in the open and understood between the band members (probably involving your manager and your lawyer) before it becomes an issue or you become world famous.


THE MECHANICS

Mechanical rights cover selling, downloading, licencing and reproducing music through mechanical means (on a CD, for instance) and selling them through retail outlets.

Mechanical rights also protects you from people copying your music illegally and from distributing copyrighted material without permission.


SYNCHED UP

If your copyrighted material is used in a TV show, computer game, film or ad, the production company pays synchronisation rights, known as making a ‘synch deal.’

PERFORMANCE ANXIETY

Any public performances of copyrighted material is covered by your performance rights. Whenever recorded material is played in a store, on the radio or live, you earn royalties (or you should).

This applies to covers too - if someone covers your own song you earn a royalty from that. You can enter a cover into MySchoolAct (because of the agreement we’ve made with APRA).

ON THE PAGE

The sale and production of printed sheet music (we’re talking contemporary tunes here, not classical) is still common. Print rights can offer another additional source, but don’t hold your breath - it’s definitely not going to generate big bucks.


THE PUBLISHING CONTRACT CHECKLIST

Get your lawyer to advise you on the following points:

"Term" (or Duration)
Contracts usually run for a year; the publisher will have an option to renew or release you from contract after that. If they (and you) want to continue the relationship, you’ll usually be contracted for another 10 or 15 years before you regain your copyright.

"Territory" (what part of the world a publihsing agreement relates to)
A publisher might ask for exclusive, worldwide rights to your work or let you make agreements with other companies. If they’re on the small side, let them focus on Oz and see who else you can find internationally. The big guns are likely to expect worldwide exclusivity and you should nod happily and let them take care of it.

"Splits" (how you share the publshing royalty between yourself and the publishing company)
The standard rate for royalties is 60 to 80% of your gross income. When you sign a contract, you may get an advance to cover recording, touring and living costs. Don’t forget an advance is just a loan and your royalties will be used to repay it. Also, if your work doesn’t sell, you’ll have to repay the advance so don’t accept an advance that you can’t manage.

For more information check out our interview with Damian Trotter.

Also see Legal Stuff for a little more detail on contract information.

USEFUL WEBSITES

www.sonyatv.com
www.emiproductionmusic.com.au
www.mushroommusic.com.au
www.groovymusic.com.au
www.apra-amcos.com.au