WHAT'S
WHAT
Today, music publishers are concerned with administering
copyrights, licensing songs to record companies and
others, and collecting royalties on behalf of the
songwriter. Some of the more important music publishing
activities are listed below:
Mechanical Royalties
The term "mechanical royalties" initially
referred to royalties paid whenever a song is reproduced
by a mechanical device (remember that one of a copyright
owner's exclusive rights is the right to authorise
the reproduction of their work). The term "mechanical
royalties" was applied to the reproduction of
songs in music boxes, player pianos rolls, and later,
phonograph records. This term is still used, and "mechanical
royalties" now refers to royalties paid for the
reproduction of songs on CD, DAT, audiocassette, flexi-discs,
musical greeting cards, and other devices sold on
a "per unit" basis.
The amount of money a record company must pay for
a mechanical license is generally set by collection
agency bodies. This rate is sometimes referred to
as a "statutory" rate. For instance, in
the US, the current statutory rate is eight and one-half
cents ($.085) per song. This means that a single song
can generate up to $.85 cents for every 10 records
sold. Foreign Monies
Foreign countries sometimes have different laws governing
the collection and distribution of mechanical royalties.
As a result, it is often necessary for publishers
to enter into agreements with a foreign publisher
(or "subpublishers") to collect a songwriter's
mechanical royalties in that territory. After the
subpublisher takes a cut (anywhere from 15% to 25%)
the rest of this foreign income is divided between
the publisher and the songwriter according to their
agreement.
Synchronisation Licenses
Whenever a song is used with a visual image, it is
necessary to obtain a "synchronisation"
(or "synch") license permitting the use
of that song. Music publishers issue synch licenses
to television advertisers, motion picture companies,
video manufacturers and CD-Rom companies. A portion
of this money (usually 1/2 the net proceeds) is paid
to the songwriter.
Transcription Licenses
Because radio is not a visual medium, the use of
a song as part of a radio commercial requires a separate
license, known as a "transcription license."
Sometimes songwriters are able to negotiate provisions
in their publishing contract preventing their songs
from use in certain contexts, such as ads for alcohol,
tobacco, political campaigns or other uses the songwriter
may find offensive.
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Print Licenses
Although sheet music sales have diminished over the
years, many songs are still available in print form.
These include books of songs by specific artists, instruction
books or compilations of hits within a given genre (i.e.,
"100 Country Hits of All Time"). The music
publisher issues print licenses and collects this income
from the sheet music company, while the songwriter receives
a small royalty derived from the sale of his or her
song in print form.
Administration and Registration of Copyrights
Because music publishers generate money by licensing
copyrighted compositions, they must also perform various
administrative tasks involving copyright transfers and
the registration of musical copyrights. Registering
your copyright provides added protection to copyright
holders, and can permit the copyright owner to recover
statutory damages and attorneys fees if the copyright
is subsequently infringed.
Public Performance Royalties
A copyright owner also has the exclusive right to authorise
the "public performance" of that work. This
is why radio and television broadcasters must enter
into licenses with performance rights organisations
such as BMI, ASCAP and SESAC. These performance rights
organisations collect income on behalf of songwriters
and music publishers whenever a song is publicly broadcast.
Publishers also register songs with these performance
rights organisations.
"Song Plugging"
This obscure term refers to music bizzers who promote
the compositions of others. This may involve convincing
popular artists to cover your song, or convincing Disney
to use your latest tune in their next animated feature.
Translations
Publishers may also authorise translations in order
to generate income from cover versions of a particular
song in foreign countries. |
Aardvark
angel is a music publishing joint venture between
Aardvark Music Ltd and The Archangel Media Group.
Essentially, Aardvark Angel pitches our artists and
songwriters to Record Companies, Music Publishers,
Advertising Agencies and Film/TV studios.
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