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Music PublishingMusic Publishing

Donald R. Simon,Donald R. Simon,General Counsel, MudStomp Records, LLCGeneral Counsel, MudStomp Records, LLC

The Music BusinessThe Music Business

• CopyrightCopyright::

• Legal protection given to many Legal protection given to many kinds of creative works including kinds of creative works including songs, recordings, poems, films, TV songs, recordings, poems, films, TV shows, software, and commercials.shows, software, and commercials.

• For musicians, CRs protect both For musicians, CRs protect both songs (notes and lyrics) and their songs (notes and lyrics) and their respective recordings.respective recordings.


• 2 Kinds of Music Copyrights2 Kinds of Music Copyrights::

1.1. Song (notes and lyrics)Song (notes and lyrics): typically : typically owned by a songwriter or by a owned by a songwriter or by a music publishing company; andmusic publishing company; and

2.2. RecordingRecording: typically owned by a : typically owned by a recording company (or the artist recording company (or the artist themselves, if unsigned).themselves, if unsigned).



• The CRs in songs and recordings The CRs in songs and recordings create create 2 different revenue streams2 different revenue streams in the form of royalties from music in the form of royalties from music publishing publishing andand from record sales. from record sales.

• These different revenue streams These different revenue streams come from various license come from various license agreements.agreements.



MusicalMusicalWorkWork

MusicalMusicalWorkWork

Copyright #1Copyright #1

SongSong(Notes/Lyrics)(Notes/Lyrics)Songwriter/PublisherSongwriter/Publisher


SongSong(Notes/Lyrics)(Notes/Lyrics)Songwriter/PublisherSongwriter/Publisher


RecordingRecording(of the Song)(of the Song)

Artist/Record Co.Artist/Record Co.


RecordingRecording(of the Song)(of the Song)

Artist/Record Co.Artist/Record Co.


• Music PublishingMusic Publishing::

““Music Publishing”Music Publishing”



• The business of exploiting a song, The business of exploiting a song, such as in film, TV, video games, such as in film, TV, video games, ringtones, greeting cards, and ringtones, greeting cards, and even karaoke machines.even karaoke machines.

• And collecting money from such And collecting money from such uses, usually in the form of a uses, usually in the form of a license fee.license fee.



• Common Publishing Licenses:Common Publishing Licenses:

• Synchronization (Film/TV/Adv.)Synchronization (Film/TV/Adv.)

• Videogram (DVDs/VHS/Etc.)Videogram (DVDs/VHS/Etc.)

• Performance (Clubs/Rest./Broad.)Performance (Clubs/Rest./Broad.)

• Mechanical (CDs/Compilations)Mechanical (CDs/Compilations)



• Songwriters typically Songwriters typically own the CRs in the own the CRs in the songs they write and songs they write and earn money from earn money from license fees for the license fees for the commercial use of commercial use of their songs.their songs.



• Publishing can be lucrative Publishing can be lucrative because, in any licensing deal, the because, in any licensing deal, the songwriter (and their publishing songwriter (and their publishing company) company) ALWAYS GETS PAIDALWAYS GETS PAID..

• Must acquire rights to the Must acquire rights to the songsong, , but not necessarily the rights to but not necessarily the rights to the the recordingrecording..



• Music publishersMusic publishers::

• find uses for songs;find uses for songs;

• issue licenses;issue licenses;

• aadminister legal protection; dminister legal protection;

• collect publishing revenue; and collect publishing revenue; and

• pay the songwriter(s).pay the songwriter(s).



• Common Publishing Deals:Common Publishing Deals:

• Single songSingle song

• Exclusive songwriterExclusive songwriter

• Co-publishingCo-publishing

• AdministrationAdministration

• CollectionCollection



• Important distinction to remember:Important distinction to remember:

• Publishing income Publishing income does notdoes not come from come from CR ownership in recordings.CR ownership in recordings.

• It comes from ownership of the CRs in It comes from ownership of the CRs in the the songssongs..



• Once publishing rights have been Once publishing rights have been secured from the songwriter, if a secured from the songwriter, if a licensee is interested in using a licensee is interested in using a pre-existing recording of a song, pre-existing recording of a song, they must also acquire a they must also acquire a Master Master Use LicenseUse License..



• Acquiring a Master Use License is Acquiring a Master Use License is technically not part of music technically not part of music publishing, but is an important part publishing, but is an important part of the process.of the process.

• A Master Use License is where non-A Master Use License is where non-songwriting members of a group songwriting members of a group can make some money.can make some money.



““Music Publishing”Music Publishing”


““The music business is a The music business is a cruel and shallow money cruel and shallow money trench, a long plastic trench, a long plastic hallway where thieves and hallway where thieves and pimps run free, and good pimps run free, and good men die like dogs. There’s men die like dogs. There’s also a negative side.”also a negative side.”

~~Hunter S. Thompson~~Hunter S. Thompson

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