Should You Sign a Publishing Deal? 🤔

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Understanding Music Publishing Deals for Music Producers

Music publishing deals are an important part of the music industry, especially for music producers. A music publishing deal is an agreement where a producer or songwriter gives a music publisher the rights to their songs in exchange for royalties, advances, and various forms of support. These deals can help producers make money and gain exposure, but they also come with risks. It’s important to understand how they work before signing one.

What Is a Music Publishing Deal?

When a producer creates a song, they automatically own the copyright to that song. The copyright is split into two parts: the "songwriting" side and the "publishing" side. The producer is usually both the songwriter and the publisher unless they sign a publishing deal.

A music publishing deal is when the producer hands over part (or all) of their publishing rights to a music publisher. In return, the publisher promotes the songs, collects royalties, and sometimes offers an upfront payment, known as an advance.

Advances in Music Publishing Deals

One of the most attractive features of a publishing deal is the advance. An advance is an upfront payment made by the publisher to the producer. This money is essentially a loan, as the producer will have to repay it through future royalties. The amount of the advance can vary, but for a new or mid-level producer, the advance might range between $10,000 and $100,000, depending on the producer’s track record and the demand for their music.

However, this money doesn’t come for free. Any royalties that the producer earns from their music will go first toward repaying the advance. Only after the advance is repaid will the producer start seeing royalty payments.

Pros of Signing a Music Publishing Deal

• Upfront Money: The advance can provide financial relief and help cover living expenses, studio time, or other costs, especially for producers who may not have a steady income.

• Professional Promotion: Music publishers have networks and connections that can help a producer’s music get used in films, TV shows, advertisements, and more. This exposure can lead to more income and opportunities.

• Royalty Collection: Publishers are responsible for collecting all the royalties that a song earns. This includes performance royalties (from radio plays, live performances, etc.) and mechanical royalties (from album sales, streaming, etc.). Having a publisher ensures that no royalties are left uncollected.

• Creative Support: Some publishers help producers by setting up co-writing sessions or offering feedback on their work. This can lead to more songwriting opportunities and a higher-quality body of work.

Cons of Signing a Music Publishing Deal

• Loss of Rights: By signing a publishing deal, the producer is giving up a portion of their ownership of the songs. Depending on the deal, the publisher could take anywhere from 50% to 100% of the publishing rights. This means the producer will receive only a fraction of the total royalties.

• Repaying the Advance: Advances can be a double-edged sword. If the producer’s songs don’t earn enough royalties to cover the advance, they may never see additional payments. Worse, some producers could be stuck in a long-term deal with no new royalties because they haven’t paid off the advance.

• Long Contracts: Some publishing deals lock producers into lengthy contracts. If the deal turns out to be unfavorable, the producer may be stuck for several years.

• Creative Limitations: In some cases, publishers may try to steer a producer toward certain genres or trends that don’t align with their creative vision. This can be frustrating for producers who want to maintain control over their sound and style.

Good Deal vs. Bad Deal

A "good" publishing deal typically offers a fair share of royalties and rights to the producer. For example, a 50/50 split between the producer and publisher is common. In this type of deal, the producer still retains a significant portion of ownership and has a better chance of profiting from their work after the advance is paid off.

A "bad" deal, on the other hand, might give the publisher a much larger cut of the royalties—sometimes as high as 75% or more. This leaves the producer with a small percentage of the earnings, even though they did most of the creative work. Additionally, bad deals often come with long contract terms, meaning the producer is stuck for years, even if the deal isn't beneficial.

When Does a Publishing Deal Make Sense?

Signing a publishing deal can be a smart move if:

• The producer needs financial support or an advance.
• The producer has a lot of unreleased or unmonetized music that could benefit from professional promotion.
• The producer wants to focus on making music without worrying about handling the business side of royalties and licensing.

However, producers who are already making consistent income from their music or who prefer to maintain full ownership of their work might be better off staying independent.

Steps To Achieving a Publishing Deal

1. Build a Strong Catalog: Producers need to have a collection of high-quality tracks. The more successful your music (in terms of streams, placements, or recognition), the better your chances of landing a deal.

2. Network in the Industry: Publishing companies often scout producers who have industry connections. Networking with artists, managers, and other producers can get your name out there and increase the likelihood of getting noticed by publishers.

3. Get a Lawyer: Never sign a contract without having a music attorney review it. A lawyer will help make sure the terms are fair and can negotiate on your behalf.

4. Pitch to Publishers: Some producers get discovered, but others actively seek out deals by pitching their music to publishers. Having a manager or lawyer assist with this process can be helpful.

5. Be Patient: Landing a publishing deal takes time. It might require building up a catalog of songs and waiting for the right opportunity, but it's important to find the deal that works best for your career.

Final Thoughts

Music publishing deals offer both opportunities and challenges for music producers. The key is understanding the terms of the deal and knowing whether it aligns with the producer’s goals. While advances and professional promotion can be appealing, producers need to carefully consider the long-term impact on their rights and royalties.

A good deal is one that provides a fair split of royalties and reasonable contract terms, while a bad deal can leave a producer with little control or income. By weighing the pros and cons, producers can make an informed decision that supports their career in the long run.