Vanderbilt Journal of Entertainment & Technology Law Volume 1 Issue 1 Article 8 1999 Music, Money, and the Middleman: the Relationship between the Songwriter and the Publisher Cornelius Cowles Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Cornelius Cowles, Music, Money, and the Middleman: the Relationship between the Songwriter and the Publisher, 1 Vanderbilt Journal of Entertainment and Technology Law 101 (1999) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol1/iss1/8 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. art & industry forum Music, d Money, MIDDLEMAN A ternoon has struck Nashville, Tennessee. The sound of gui- tar chords and a woman's melodious lilt mix with ringing telephones and staccato computer typing in a brick building off Music Row. Carnival Publishing, a small, independent music publisher, occupies part of the first floor. Its songwriters jam amidst candles and beaten couches, trying to find the unique sound that will launch careers and reputations. 410 "1 After all, they think, Randy Travis or LeAnn Rimes may select one of these songs for their next Cornelius Cowles album. Propped against the window, sunlight filters across a picture of one such songwriter in a dreamy moment of inspiration. Her name is Carter Wood. THE RELATIONSHIP BETWEEN THE SONGWRITER AND THE PUBLISHER By Cornelius Cowles When she graduated from ger [publisher who promotes country music industry. It college six years ago, Carter its writers' songs] has the examines the songwriter- came to Nashville hoping to contacts."2 In addition, the publisher relationship from learn about the musicindus- songwriter must be persist- the perspective of those peo- try. She had never written a ent in nurturing her own con- ple active in the industry and song before and had virtually tacts. Carter, through such examines criticism of the no exposure to the bustling initiative, ended up touring publisher's role. It further industry that prompts with Willie Nelson this past analyzes the typically thorny Nashville to call itself Music summer. legal and contractual issues City, USA. An internship at a Like many other writers in faced by the songwriter in record label convinced her Nashville, however, Carter negotiating an exclusive that songwriting could be her "hates the business side of songwriting agreement with secret strength. She didn't the industry."3 When signing the publisher. Finally, recog- know then that to sign her her contract with Carnival, nizing the special role of first publishing contract Carter let her lawyer negoti- songwriters in Nashville, it would demand five years of ate the details with her pub- addresses the songwriter- dedication, self-promotion, lisher, Travis Hill, and his publisher relationship as it and self-discipline. lawyers. As is true for most uniquely exists in Nashville, Though Carter stayed, and songwriters, the fine print of home of country music. succeeded, these sacrifices her contract seems far have stilled the aspirations of removed from the notes The Role of the countless others. Songwrit- Carter writes across a music Music Publisher ing in Nashville is rarely a staff. But the two are inex- The music publisher "get-rich-quick" story. Rath- tricably linked. derives income from a song er, it is a work in progress-a While it is advisable to once the writer has trans- journey of paying dues, mak- hire a lawyer for such details, ferred his or her rights to the ing connections, and avoiding it is also prudent to know publisher. Some songwriters legal pitfalls. Consider: a what exactly the lawyers are are suspicious of this song request from a star like negotiating. Knowing basic arrangement and question George Strait would garner music industry contract stan- the publisher's substantial thousands of submissions. dards helps the writer guide claim on song income. For From these, Strait would his or her attorney to secure the aspiring songwriter, choose approximately 70 the most highly valued ele- though, the commission is songs, which in turn would ments and avoid future sur- well-spent. No matter what be held for only 10 spots on prises. At the very least, and criticism publishers face, an album. The numbers are most importantly, knowledge songwriters need publishers. crushing, so any competitive of legal details lets the writer The publisher acts as the cru- edge in the industry brings a protect her interests in her cial link in transforming the writer that much closer to songs. These interests, or the songwriter's creative work 1 "writer's Music Row. Their success is rights," demark the into a marketable product. a recipe of talent, timing, and bottom line in this and all The publisher introduces connections, but the song- other industries: money. the songwriter to artists and writer controls only the first. Money, along with creative producers, finds a good fit At least in the beginning of a drive and the chance to work between song and artist, pro- writer's career, and for in an exciting industry, push vides a disciplined working Carter Wood, the music pub- the publisher and songwriter environment, oversees the lisher provides the timing both. This article seeks to business aspects of song pro- and connections. help the songwriter under- motion, and advances money Carter acknowledges as stand the role of the music to the writer. In short, absent much: "It's all about who the publisher, an indispensable the music publisher, the contacts are, and which plug- and unavoidable part of the unknown songwriter has no conduit through which to fy publishers' greater claim song as background music for channel the song over the to song income. To begin an X-rated film, for example, airwaves and into the with, agents normally repre- or to promote a product or record stores. The publish- sent many more people than message the writer would er extracts a heavy price for publishers, so they can earn find distasteful. this service, typically leaving more income overall at a In reality, most publishers the songwriter with less than lower percentage. 10 Clients understand that such uses 50 percent of a song's income. only require agents to find run contrary to good business Yet, in most cases, there suitable work opportunities. sense. Publishers want to would be no income to extract Songwriting Publishers, like managers, preserve and enhance their without the publisher. in Nashville engage in more "hand-hold- reputations to attract more ing" than agents. Still, this writing talent and to main- The most common criti- is rarely a would seem to limit publish- tain that talent already cism levied against publish- "get-rich- ing fees to a manager's range under contract. Publishers ers concerns the publisher's of 15-25 percent. who engage in such bad busi- 50 percent draw of income. quick" story. Publishers, however, go ness practices do not advance In other industries, such as Rather, it is well beyond even managers. far in the small world of Nashville's country music film and television, certain a work in They coach writers in the states have enacted statutes right creative direction, pro- industry. In the rare cases of to limit the fees of managers progress-a mote songs, and, instead of exploitation, though, the and agents. Agents solely journey of seeking work opportunities songwriter should know how attempt to secure work for for writers, provide writers to make herself legally secure clients, while managers take paying dues, with work themselves. in this competitive industry. a more proactive role in Unlike both agents and man- That means understanding 4 making developing artists' careers. agers, publishers actually the publisher's role and the song- Managers also advise clients connections, pay writers a salary in the writer's rights in country music. on public appearances, pro- and avoiding form of advances. Even if a 5 Contrary to what the motion, and choice of material. legal pitfalls. writer's songs earn nothing, California's Talent Agencies the writer still keeps the name would suggest, music Act requires agents to regis- whole amount. publishers rarely "publish" ter their fees with the state, In addition, the TV/film anything. 12 Publishing who, in turn, may invalidate industry generates much print copies of music, or sheet "unfair, unjust and oppres- more money than country music, is normally left to 11 13 sive" contracts. 6 The state music. Agents happily col- printers. Music publishers, normally invokes this lan- lect ten percent of a million- instead, deal in the rights to guage when contracts set dollar film contract but even original music by obtaining agency fees above ten per- classic, hit songs rarely earn copyrights on it and then cent. 7 Managers may this kind of money. Agents licensing out lesser rights to 14 charge somewhere between can recover costs quickly in other entities. These enti- 15-25 percent. 8 New York's the high margin industry. ties include record companies General Business Law, for Publishers recoup their costs who produce cassettes and example, sets agent's fees at more slowly, if at all. compact discs for retail and 10 percent. 9 An actor in Another criticism charged performing rights societies California accustomed to against publishers involves which act as central clearing paying the agent a low per- writers' loss of creative con- houses so broadcasters and centage might be shocked at trol. An unknown writer other public performers can paying a publisher in lacks the bargaining power to simply and efficiently obtain Nashville 50 percent.