Once you have a catalogue, a track record or a buzz around your writing, publishers may offer a deal. Publishing contracts vary widely, and understanding the main types - and the terms within them - helps you know what you are being offered.
This chapter is general guidance, not legal advice. Never sign a publishing contract without advice from a specialist music lawyer.
Types of deal
Single-song agreement
The publisher takes rights in one song (or a few) - usually because they have placed it, or plan to pitch it. Common for writers early in their careers.
Exclusive songwriter agreement
The publisher signs everything you write during the term of the deal, often with an advance. They usually require a minimum number of songs delivered - and often a minimum number commercially released - during each period.
Co-publishing deal
The most common deal for established and developing writers. The writer keeps their writer's share and co-owns the publisher's share with the publisher. In practice, this often works out at the writer receiving around 75% of income and the publisher 25%, though terms vary.
Administration deal
The publisher (or administrator) handles registration and collection, taking a percentage - often 10-20% - but does not take ownership of the copyrights. You keep control. Less creative and promotional support, but more ownership.
Full (traditional) publishing deal
The publisher owns the whole publisher's share - effectively a 50/50 split of income. Rarer now, mostly for writers who need substantial investment and support.
Key terms
- Advance - money paid upfront, recouped from your future royalties. It is not a gift: until it is recouped, you receive no further royalties.
- Recoupment - the process of the publisher recovering the advance from your share of income.
- Term - how long the deal lasts, usually an initial period plus options for the publisher to extend.
- Minimum delivery commitment - how many songs you must deliver, and what counts towards it.
- Retention period - how long the publisher keeps rights in songs written during the term, after the term ends. Can be many years - or life of copyright.
- Reversion - whether and when rights return to you, especially for songs never exploited.
- Territory - usually worldwide.
- Creative approvals - your say over how songs are used, especially sensitive uses such as political or adult content.
What to look for
- Is the advance worth what you are giving up? Compare it with what you could earn keeping your rights.
- How long do they keep the songs? Short retention and reversion of unexploited songs are valuable.
- What will they actually do? Ask about co-writes, pitching, sync team, and their track record with writers like you.
- Audit rights - your right to check their accounting.
- Key person clauses - what happens if the person who signed you leaves.
Do this now
- Summarise, in your own words, the difference between a co-publishing and an administration deal.
- Imagine you are offered a £10,000 advance on a co-publishing deal at 75/25. Work out how much your songs must earn before you receive any more royalties.
- List three questions you would ask a publisher before signing.