Music publishing is a complex area that deals with the rights and revenues associated with musical compositions. Here’s an overview of the key issues concerning music publishing from a UK perspective:

Important Ideas in Music Publishing

1. Musicians’ Rights:

• Songwriters and composers are the owners of the rights to musical compositions. They contain the music and lyrics.
• Sound recording rights: These pertain to the music’s actual recorded performance and are distinct from composition rights.

2. Categories of Royalties and Rights:

• Performance Rights: These cover live performances and broadcasts of the music in public spaces.
• The reproduction of music on digital and physical media (such as CDs, downloads, and streams) is protected by mechanical rights.
• Rights related to synchronisation: These rights cover the use of music in conjunction with visual media, including TV series, films, and commercials.
• Print Rights: These rights apply to the duplication of written music, including sheet music.

Problems with Music Publishing

1. Possession and Authority:

• Author’s Rights: When a songwriter or composer creates a work in the UK, they automatically acquire the copyright to it. They frequently give publishers these rights, though.
• The role of music publishers is to oversee composers’ and songwriters’ rights. On behalf of the creators, they obtain licencing agreements, market the music, and collect royalties.
• Assignment of Rights: In exchange for an advance and royalties, songwriters usually give the publisher their rights when they sign a publishing contract. Their future earnings and control over their work may be greatly impacted by the conditions of this assignment.

2. Collecting Societies:

• PRS for Music: Royalties for broadcasting and public performances are gathered and disbursed by this UK organisation.
• Music reproduction mechanical royalties are managed by the Mechanical-Copyright Protection Society (MCPS).
• Phonographic Performance Limited, or PPL, is a company that works with record labels and artists to collect royalties for the use of recorded music.

3. Contractual Concerns:

• Royalty Rates: The portion of earnings that songwriters get from different kinds of usage. In order to guarantee just compensation, it is essential to negotiate advantageous rates.
• Advances: Songwriters frequently receive an advance payment from publishers, which can be recovered from future royalties. It’s critical to manage these advances to prevent financial issues.
• Duration and Territory: The length and geographic reach of publishing agreements can differ. Songwriters must understand where the agreement is applicable and how long their rights are granted.

Section 4: Streaming and Digital Rights

• Digital licencing: As streaming services have grown in popularity, managing digital rights has become a major concern. Publishers have to handle intricate licencing contracts with websites like YouTube, Apple Music, and Spotify.
• Revenue Distribution: Because streaming royalties are usually less than those from physical sales, songwriters may not receive just compensation. Another controversial topic is the distinction between mechanical and performance royalties in digital streams.

5. Media Use and Synchronisation:

• Sync Deals: It can be very profitable to licence music for use in TV series, movies, ads, and video games. Understanding synchronisation rights and fair compensation is essential when negotiating these agreements.
• Songwriters must choose between granting exclusive rights to their music for particular uses and allowing multiple parties to licence the same composition.

6. Rights to Morality:

• Right of Attribution: Songwriters in the UK are entitled to recognition for their contributions.
• Right of Integrity: Songwriters have the right to protest when their work is being disparaged in a way that could damage their reputation.

7. Global Aspects to Take into Account:

• Global Reach: Managing rights and royalties on a global basis is a common aspect of music publishing. This entails being aware of how copyright regulations and collection methods vary across nations.
• Reciprocal Agreements: To guarantee that royalties are gathered and disbursed worldwide, UK collection societies frequently have reciprocal agreements with their international counterparts.

Useful Advice for Songwriters

1. Recognise Your Rights: Learn about the various kinds of royalties and rights that apply to your music.
2. Negotiate Favourable Terms: When signing publishing agreements, make sure to include clauses that safeguard your rights and guarantee just remuneration.
3. Use Collection Societies: To guarantee that you get paid for the use of your music, register with the appropriate collection societies (PRS for Music, MCPS).
4. Track Royalties: Make sure you’re getting paid fairly for all uses of your music by keeping an eye on your royalty statements.
5. A songwriter’s career depends heavily on music publishing, and being aware of the nuances of the process will help you make wise choices and maximise your profits. So get in touch by sending us an email below

michael.coyle@lawdit.co.uk