Publishing & Songwriting Agreements Passman Ch. 18-19 Publishers - What Do They Do? Administration Rights: Songwriter Agreements What Is It? Some Preliminary Issues Catch ? All Phrase Advances to the Publisher Conflict of Interest At Source Performance Monies Huh? The Writer is Paid Directly Printed Music Royalties Huh? Writers don?t get 50% like they should Royalties, etc. Favored Nations; paying a royalty rate as long as everyone else gets paid that amount as well, if someone else?s deal goes up so does everyone else Folios (less than 50%) Name and Likeness (can get a bump in addition for use of the their name and likeness) Royalties Charges Against Royalties costs of making any demo tapes collection cost sub-publishing administrative costs (can be crossed out of the contract, their cost for doing business not yours) Accountings; semi annual or quarterly (30, 60, 90 days after the period ends) Miscellaneous Revenue DART and Webcasting Advances Term; higher advance Single so; big agreement; advance is very big Term Songwriter Agreements What Is It? Agreement where the writer agrees to give all the songs written in the term Term: time periods if the writer is also a recording artist it could be COTERMINUS (when a recording deal is over, publishing deal is over) could be a number of songs Own it for term of copyright not term of agreement Term Songwriter Agreements Advances True Songwriters; someone who writes songs and does not have access to someone using those songs on a record, not outlet for their songs, receive less advance money writers who do have access, like artist that have a record deal MDRC ? min. delivery and release commitment (number of songs the writer is required to deliver and release) Term Songwriter Agreements Advances Bidding wars Formula Advances; ex 2/3 of the years earnings less than deficit, but not less than the floor but not higher than the ceiling Term Songwriter Agreements Advance Formula: 2/3 Earnings less deficit, with $100K Floor Term Songwriter Agreements Advance Formula: 2/3 Earnings less deficit, with $100K Floor Term Songwriter Agreements Advance Formula: 2/3 Earnings less deficit, with $100K Floor Term Songwriter Agreements Advance Formula: 2/3 Earnings less deficit, with $100K Floor and $200K Ceiling: Term Songwriter Agreements Advance Formula: 2/3 Earnings less deficit, with $100K Floor and $200K Ceiling: Term Songwriter Agreements Delivery Requirements (what is required to deliver to the publisher) - Two Types: Moving the Term Forward & to get an advance Self-Contained Artists (has record deal) publisher will expect you to write all of your own songs Notes: -what if you fall short on that? Term Songwriter Agreements Stat Rate Requirements; certain amount of songs at stat rate. Perpetual Term-- Protections term moves forward if everyone has recouped even if they haven?t written all of their songs don?t give publisher songs, its ended Term Songwriter Agreements Advance Delivery Requirements # of songs to move term forward are not the same as the # of songs to get an advance get pro-rated advance (7/8 of the advance etc) min stat rate requirement (lady gaga example and if it is a discounted cd) if you write a fraction of it then, that fraction should count towards delivery requirements Prior Songs, publisher will want all the songs you have written up until you have signed with them Term Songwriter Agreements Record Company Tie-Ins Independents want your publisher, try to keep your publisher limit it to records only limit songs, cant get it if it is recorded by someone else Signing with Major-Label Affiliated Publisher. should be able to get advance for both publishing and record deal ask for no reduction in stat rate if you sing with a major label and their publishing company, make it so that if one deal ends the other ends as well no cross collateralization Collaboration ?I Want it All!? 100% of copyright of all songs you write ?Commensurate? Splits? if you wrote 33% of the song they agree to take 33% publishing, but just because there are 3 writers does not mean it is divided up evenly Collaboration ?I Want it All!? ?Commensurate? Splits Collaboration One For You, One For Me? Writing Teams ? advance is paid for songs not writers, delivery requirements should be the same. Songwriter Agreements Creative Control no substantial changes to the lyrics, or at least approve it want approval of foreign translations approve any change of title Approval of sync licenses Reversion of Copyright could be triggered by certain things, what if the song is never commercially recorded, what if it hasn?t been exploited with in a certain amount of years haven't recouped your advance, so you repay and get copyright back ask for it to revert to you after the deal is over (depending on clout) Co-Publishing & Administration Deals What?s The Difference? Types of Deals 2 writers with different publishers one song, one writer ? you. Publisher agree to jointly own the song small publishing companies can contract out to larger ones to do admin work foreign sub publisher Two or More Share the Publishing: who owns the copyright? who owns licenses? how long does the deal last? Co-publishing & Administration Deals What?s the split? $$$$$ usually it?s the same Deductions admin fee (usually %) song writer royalties other direct costs copyright registration fees collection costs demo costs preparation of lead sheets Who Administers? could get together and decide who admins, 1 admin. Others just sit back and get paid one admin with restrictions (like cant put it in a movie without others consent) 1 admin with direct payments to the other parties true co-administration (each publisher admins their own share) co-admin with expectations (under certain expectations can make their decision themselves) all admin their own except for print Co-publishing & Administration Deals Expenses, Fees and Writer Royalties admin will send bills to others for approved expenses each publisher pays their own writers Administration agreements Admin copyright with no ownership limited term, usually no advance cause its just a business deal admin chargers a fee (usually 10-25%) Cover Records
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