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Who owns your music publishing rights and how does the money get split?
By Chris Robley July 10, 2018
Your music publishing rights and you: What you own and who owes you royalties.
If you’re a songwriter, a composer, a lyricist, or anyone else who creates original music, and you’ve not signed a deal with a music publishing company — YOU own your music publishing rights!
What are your music publishing rights exactly?
Well, you get to determine how the musical copyright to a song you’ve written (meaning the composition itself, as a separate entity from any particular master recording of that song) is used or “exploited.”
You should earn publishing money any time your song is:
streamed downloaded manufactured on CD or vinyl performed live played on the radio synced to TV, Wlm, commercials, games, etc. and more
All of the above publishing income should come to you whether it’s generated by your own recording or another artist covering your song.
CD Baby Pro Publishing Admi…
How do publishing royalties get divided up?
For many publishing royalties that are generated from the usage of your music, 50% gets paid to the songwriter/s and 50% gets paid to the publisher/s.
But as I mentioned above, if you’ve not signed a deal with a publishing company, you are considered both the songwriter AND the publisher.
How do publishing royalties get split up amongst co-writers?
There is no one-size-Wts-all answer for this question. Some collaborators decide it’s best to split everything evenly, even if one person contributed more to the song. Other co-writers take it song by song and split up their ownership in a composition according to the “percentage” of the song they wrote.
For instance, one writer may’ve had the melody, verse lyrics, and chorus lyrics for a song completed, but the other writer helped by contributing a bridge. Is that worth 10%? 25%? 50%?
Those determinations should be made immediately upon completion of the song (because the longer you wait, the fuzzier your memory gets, and the more money complicates things). That’s why we advise that you download our free PUBLISHING SPLIT SHEET for co- songwriters, and Vll it out every time you create a new song with someone else.
What about producers and beatmakers?
Publishing can get confusing when you start considering production and beatmaking. Why? Well, technically, copyright law views a “song” as the lyrics and the melody, nothing more.
So the chords aren’t a song. The beat isn’t a song. The arrangement isn’t a song. That sick guitar lead isn’t a song.
BUT… any of those extra elements COULD be the very thing that elevates those melodies and lyrics from mere intellectual property to sublime art. Is that worth an ownership stake in the composition? Maybe.
Again, the law says “not necessarily,” and labels long ago worked out a system where producers were awarded royalty points on income generated from the usage and sale of the sound recording, but NOT granted a percentage of the publishing.
However, we all know how a certain synth hook, a certain riff, a certain groove can MAKE a song. And if your producer or beatmaker has contributed an element to your recording that could later be viewed as essential to someone’s impression of a composition, that might be worth a percentage of the publishing.
In the world’s of hip-hop and EDM, this is an even more common consideration. And again, there’s no “right” answer. It needs to be an agreement between the parties involved in the creation of the music, and it should be decided upon the completion of the work. Don’t wait!
Performance royalties
Once you’ve determined who owns your publishing, and in what percentage, it’s worth knowing how that money will get distributed between the writers and the publisher. For the purposes of this article we’re assuming you are both the writer and the publisher.
If so, you are owed both shares (50% for the songwriter/s, and 50% for the publisher/s) of any performance royalties your songs generate from:
live performances terrestrial radio play internet radio play and more
Mechanical royalties
Again, if YOU are both the songwriter AND publisher, you’d be owed 100% of any licensing income your songs generate, and you’d be owed 100% of mechanical royalties generated from:
global streaming activity downloads (outside the USA, the mechanical royalty for downloads — which is separate from the royalty generated for the download of the master recording — is paid to a royalty collection society, and would need to be claimed by your music publishing administrator; for downloads within the USA, the mechanical royalty is paid to you through your distributor as part of the bulk payment for the master recording download) the manufacturing of your songs on physical media such as CDs, vinyl, and cassette
However, it’s up to you to exploit the copyright to your compositions, and it’s up to you to collect the royalty payments. Unless, of course, you work with an established music publisher who can (either for a Wxed period of time or in perpetuity) help you Wnd opportunities to earn money from your songs.
[With CD Baby’s Sync Licensing Program, your music will be included in a catalog of songs available for use in Flm, TV, commercials, games, and more. Plus, you’ll earn money for the usage of your music on YouTube.]
What does the publisher get out of the bargain? As mentioned above, a typical royalty split between the songwriter and the publisher is 50/50 — but 50% could be a small price to pay if they’re using their publishing expertise to generate big income from the exploitation of your copyright.
How do you collect your publishing royalties?
Collecting your own royalties worldwide is nearly impossible for an independent songwriter, and even if you could, it’d require a lot of time that’d be better spent writing, recording, and performing.
When it comes to getting paid for the usage of your music, there’s a simple solution that will set you up to collect ALL the publishing royalties you’re owed — and without giving up 50% of your publishing income. With CD Baby Pro Publishing, which is available in many countries and territories around the world, we’ll register your songs directly with collection societies, and we’ll collect all those royalties on your behalf — paying you weekly!
Get started with CD Baby Pro Publishing today.
Chris Robley ... is the Editor of CD Baby's DIY Musician Blog. I write BeatlesqueShow More indie-pop songs that've been praised by No Depression, KCRW, The LA Times, & others. My All comments arepoems approved have appeared manually. in Poetry Magazine, Prairie I try to moderate comments twiceSchooner daily, but, Thehey, weekendsPoetry and crazy times happen. If you don't see yourReview comment, & more. go live I live right in away, it didn't evaporate; it's just waitingMaine for my and attention. like peanutThanks for reading, sharing your thoughts,butter and being chocolate a part of thechip CD Baby community! cookies, a little too much.
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Antoinette Houston − ⚑ 4 years ago Quick question Chris... I am an artist and I have completed an EP. I recently signed with ASCAP as a writer/singwriter. I am self- publishing, so I figured I would sign up with them as a Publisher as well...however I have a question.
My producer and I have agreed to split down the middle 50/50 given I own my lyrics, but he owns the music. So my question is, as far as publishing goes, do I still join ASCAP as a publisher (and he and I simply split the publishing down the middle?), or am I technically not a publisher given he owns the tracks? 54 △ ▽ Reply
> Christopher Robley Antoinette Ho… − ⚑ 4 years ago You still own publishing rights. Half of 'em, to be exact. You can either create a vanity publishing company, have CD Baby Pro collect your publishing royalties, or have ASCAP pay you your publisher's share of your publishing royalties ("flowing through" to the songwriter).
But here's the breakdown. A song's publishing rights get split 50/50 between the songwriter and publisher. Since you haven't signed a publishing deal, you (and your co-writer) still control the publisher's 50% as well. So, you get half of the songwriter share (25% of overall publishing royalties), your co-writer gets half the songwriter share (25% of overall publishing roaylties), and then you each get half of the publisher's share (another 25% each of overall publishing royalties). Make sense?
You don't have to be listed under the same publishing company. If you create yoursee more own, they can be separate. Or, simpler, if you sign up with CD Baby Pro, we'll △ ▽ Reply collect your publisher's share as part of the service, and then if you want us to collect his share too, it's just a Chase − ⚑ one-time4 years feeago of $10 to add him as a songwriter.
HeyIf Chris,you have quick questions question! about If one how person this allwrites works, the give lyrics us to aa songring or and write then to [email protected]. them to another, and that other person changes the majority of the lyrics, whos song is it then?@ChrisRobley Thank you for any help that can be given! -Chase 53 △ ▽ Reply
> Christopher Robley Chase − ⚑ 4 years ago Both of theirs. Is the lyricist happy with the lyrical revisions, though?
@ChrisRobley △ ▽ Reply
Major Tyrone Young − ⚑ 5 years ago SO A FRIEND AND MYSELF PRODUCED SOME MUSIC THAT WAS USED BY A MAJOR ARTIST ...... THEY SENT US SOME T-SHIRTS AND CD SINGLES ...... IF WE SIGN WITH YOU GUYS CAN YOU HELP US COLLECT WHAT IS COMING TO US 46 △ ▽ Reply
> Christopher Robley Major Tyrone Y… − ⚑ 5 years ago Are you listed as writers on the track? If so, yes. If not, no. CD Baby Pro only collects royalties for songwriters/publishers. BUT... if that track is being sold on CD Baby through someone else's account, you'd need to talk to them about getting you registered with CD Baby Pro.
@ Chris Robley △ ▽ Reply
Tony − ⚑ 4 years ago Hello Chris, I have a question for you. I have a song that I wrote, and a music company is very interested in taking my song and assigning it to one of there singers on there roster. My question to you is. What is the average royalties I should be getting on that song, and if it is pickup by a publisher what should I expect to get from either the record company, or the publisher if the song sells a little more then a million copies?
Thanks, Tony D. 41 △ ▽ Reply
> Christopher Robley Tony − ⚑ 4 years ago You'd be owed: 1) mechanical royalties for any units (both digital and physical) that are sold/streamed. You'd also earn performance royalties any time that song is "played" in public (radio, TV, live concerts, etc.). Then if it's synced to film/commercial/tv, you get the sync license fee too. You should always retain 100% of the songwriter's half of publishing royalties. Until you sign with a publishing company, you also own 100% of the publisher's share of the publishing royalties. BUT... a publisher may want to take the song and help get it played, placed, etc. For that, they'll want a cut, which can be any portion of the publisher's half of the royalties. If you give up 100% of that half, though, just be sure it's a reputable company that is actually going to help you exploit that song for $$. And NEVER give up any of your songwriter's share.
@ChrisRobley △ ▽ Reply
Gain Green − ⚑ 5 years ago I have plenty off songs on cd that I wrote and recorded. Do I have t o pay a copyright fee for each song one by one or can I send the intire cd in and get all of them copyright for one fee 8 △ ▽ Reply
> Christopher Robley Gain Green − ⚑ 5 years ago If you're talking about registering your copyright with the Library of Congress, there is a way to submit them all together as a collection, thus avoiding the individual fee per composition. Check out http://copyright.gov/ for details.
@ Chris Robley △ ▽ Reply
StevenCravisMusic − ⚑ 7 months ago Chris, When distributors deliver the music content to Pandora, in order for Pandora to include the content on all three tiers, (Radio, Plus and Premium) are the distributors responsible for delivering 'interactive rights' for the 'sound recording' (I realize composition interactive rights would have to be handled by the artist's publishing admin entity) to Pandora, even if it distributor customer-artist is not a publishing admin client of the distributor? 7 △ ▽ Reply
> Christopher Robley StevenCravis… − ⚑ 6 months ago This is from our VP of Publishing:
"Each right is delivered separately. A sound recording isn’t delivered WITH publishing rights. The rights are delivered and cleared in parallel.
The fact that we offer Publishing administration helps the client get their rights cleared by Pandora but it isn’t something that happens in the same delivery. The same goes if someone doesn’t use our publishing." △ ▽ Reply
Kyle − ⚑ 4 years ago Hi Chris. Great article! I have one question I would really like to have an answer to. I made a little pop tune that I want to sell to my friend for $50. I want to give him 100% ownership of the song to reproduce and distribute any way he wants. What is the mechanics behind that? Is it as simple as one contract?
Thank you so much for your help,
-Kyle 5 △ ▽ Reply
> Christopher Robley Kyle − ⚑ 4 years ago Like, you want to sell your ownership entirely? Publishing rights? All of it? I believe you can do that with a contract, yes. Though to be sure I'd recommend consulting with an attorney. However, why not keep your ownership and just let him use it in specific ways where you grant him permission to record, sell, or license the song?
@ChrisRobley △ ▽ Reply
> Katty.millz Christopher Robley − ⚑ 3 years ago Hey, if I purchase a instrumental from a producer. Do I own the beat or does the producer still gets publishing credit when the split sheet is signed? △ ▽ Reply
> Christopher Robley Katty.millz − ⚑ 3 years ago That all depends on your agreement.
@ChrisRobley △ ▽ Reply
> Nedy Valdivia Christopher Robley − ⚑ 2 years ago Question:
I worked with a producer/engineer on my upcoming single. He said he wouldn't charge me for the work and we haven't signed anything. He came up with bass, electric guitar and strings as well as the drum beat. Is he considered a co writer? I am a member of BMI and not sure how to fill out song information for copyrighting it. Thanks! △ ▽ Reply
> Christopher Robley Nedy Valdivia − ⚑ 2 years ago I tend to view those sorts of things as contributions to the arrangement, not the composition. BUT, if he came up with some guitar riff or other hook that becomes so crucial to the song that you really couldn't imagine it without that element afterwards, I WOULD credit him as a co-writer. It's tough to advise without hearing the tune and knowing who created what. But you're definitely wise to consider these things now, and get it all in writing, rather than disagree later when memories are fuzzy. △ ▽ Reply
> Nedy Valdivia Christopher Robley − ⚑ 2 years ago Does the person who worked on my song, the producer, get a percentage of the income the song brings if they are a co-writer? I am paying for the song to be further produced and mastered. I'm also paying for international distribution for the song. Thank you, Nedy
Sent from my Sprint Samsung Galaxy S® 6. ------Original message ------From: Disqus
created what. But you're definitely wise to consider > these thingsNikki Hillnow, and Nedy get Valdivia it all in writing, rather− than⚑ disagreea year later ago when memories are fuzzy. " For a artist who writes all of her songs, and sign to a recordSettings label, how much percent of publishing rights is that artist in-title to, or how much should they A new comment was posted on The DIY Musician asked for Blog △ ▽ Reply
Christopher Robley
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CD Baby10:20 clients a.m., Wednesday earned more June than 28 $100,000,000 in 2018! 4 comments| • 22 days ago Julian Angel — Hi Chris, would it be possible for you to Other comments by Christopher Robley name the average payout per artist as well? Or per album/single? That would be very interesting to know... Reply CD Baby announced as an Apple “Preferred Plus” partner,to Christopher with access Robley to advanced features and … 3 comments • 3 months ago Christopher Robley’s comment is in reply to Christopher Robley — I'm not sure if that's in the works, Nedybut you Valdivia: should write to [email protected] and see if that's something we can take care of for you --- or if … Question:I worked with a producer/engineer on my All your music revenue sources (and how to collect the money)upcoming single. He said he wouldn't charge me for the work and we haven't ... Read more 3 comments • 14 days ago You'reMike Harrison receiving — Itthis is importantmessage to because mention you're how the signed PPL upfits tointo receive all this notificationsif you are UK aboutbased. replies to nedyvaldivia. Powered by Disqus ✉ Subscribe d Add Disqus Privacy Policy You can unsubscribe
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