Of great importance to many aspiring artists and bands is the “publishing development deal,” whereby a major publishing company will offer an advance to a promising songwriter/artist, in the hopes that his artist will eventually secure a record deal and establish a successful artist career.

For many young artists, this publishing offer is a “dream opportunity,” where he/she gets to quit their day job, so they can concentrate strictly on doing what they love best: working on their music. The idea that a publishing company (which is often affiliated with a major label) will pay for their demo costs, new studio equipment, some living expenses, and help shop you for a record deal, can be incredibly appealing.

There have been many artists who have benefited from this type of deal. Two current stars that come to mind are Beck and Paula Cole. Their respective publishers believed and invested in them at a very early stage, and these artists went on to become major acts, subsequently earning great royalties for themselves and their publishers.

Here’s how this deal usually works: a publisher will offer the young writer/artist an advance of about $25,000-$30,000 for a one-year deal, with options for two or three more years. In return, the artist assigns half (50%) of the publishing rights of all songs written during the term of the agreement. In most cases the publisher will retain their half of the rights for the life of copyright, with no reversion clause included in this contract. This is because the publisher is taking a chance on investing in a young artist, without any guarantee that this artist will even get a record deal, let alone have a hit and generate royalties.

In addition to providing the financial support, the publisher will try to work closely with the artist, offering valuable feedback and direction. The publisher may act in an A&R capacity, helping the artist assemble the best demo presentation to impress the labels when it is time to shop for a label deal. The publisher may also hook the artist up with a hit record producer to create some master quality recordings, and set up collaborations with other talented writers to come up with the best songs possible.

When the artist’s presentation is finally ready, the publisher will help shop the artist for the coveted record deal. At this point, the situation gets a little more intense. As the label execs start to give their definitive feedback, the artist and publisher get an immediate indication whether or not their publishing relationship (and all their hard work together) is going to result in the securing of the record contract.

If the artist does land the record deal, the publisher and the artist are on their way to establishing a longer-term, working relationship. The publisher will want to pick up their options for the publishing rights for the next several years, and they’ll be happy to pay the artist additional advances and bonuses. It is common for the publisher to pay an immediate bonus of about $20,000 when the artist signs their record deal, and advance another $20,000 when the album is finally released. The publisher can also be helpful in placing songs in films and TV shows, and in soundtracks.

If this publishing scenario sounds terrific for the aspiring artist, then it can be pursued. However, there are other factors to be aware of. First, by signing this type of development deal, the artist usually gives up reversion rights on these songs in the contract. Secondly, by going for the development deal first, the artist might miss a chance to ultimately attract a much larger advance ($100,000 or more) should they secure a record on their own. Of course, some artists simply want to keep all of the publishing rights, and not make any deal.

It is certainly not for every writer/artist, but this publishing development deal has proven to help many talented young artists. It is ultimately up to the artist to decide whether to give up publishing at an early stage to help boost their career.

By Dale Kawashima

Article Source: http://www.songwriteruniverse.com

For more education on careers in the music industry, check out www.Music-Career-Guide.com

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The decision on when a songwriter should officially copyright his or her songs seems to be a fairly simple one, but there are actually several viable options that could complicate a songwriter’s decision.

Many young or new writers are under the misconception that they must immediately file their song(s) with the Register Of Copyrights in Washington, D.C., or else it will not be protected by U.S. copyright law. But under the present copyright law (which became effective in January, 1978) a song (or “work,” as described in the information pamphlet issued by the Register Of Copyrights) is automatically protected by copyright when it is created.

The Register Of Copyrights states that a “work is created when it is ‘fixed’ in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.”

So if a writer’s song is “automatically protected” by copyright law, is it truly necessary for a writer to immediately file the song with the Copyright Office, which entails filling out the application form (knows as Form PA), plus submitting a CD, tape or sheet music of the song, plus paying a $45.00 fee for each filing?

There isn’t a simple answer. I know many professional writers (and their publishers) who only bother to copyright their song once it is actually released on a major label album. In contrast, I also know of many aspiring writers who almost obsessively send in their PA Forms and $45.00 every time they write a song.

I recently met a writer from Philadelphia, who was in Los Angeles because he had a meeting with a manager who might represent him. He was fearful that this manager might actually rip off his music, and he desperately wanted to send his new song to the Copyright Office before the meeting, to protect himself. It amazed me that this writer would be so worried about one meeting in L.A. with a legitimate manager.

While crazy things do sometimes happen in the music business, the odds that this manager would be out to rip off this writer are absolutely, incredibly remote. Legitimate industry managers or execs are fully occupied with just trying to find new talent, and are certainly not looking to plagiarize anyone.

Still, many writers would ultimately prefer to be very cautious, and dutifully file their copyrights. And truthfully, it is hard to argue with this point.

Arlo Chan, Director of Contract Administration, Legal & Business Affairs at Warner/Chappell Music, also prefers being cautious, telling me he “could not in good conscience recommend that a writer not file the PA Form, because you never know for sure what will happen.” In addition, Chan said that unless the writer and/or publisher have previously filed the copyright, they cannot initiate a plagiarism suit against another party on the specific song in question.

Nevertheless, copyright every song can become an expensive proposition for a songwriter. At $30 per PA form, a writer can easily spend hundreds, perhaps thousands of dollars on copyright fees. And frankly, there are many aspiring writers who have spent a lot of money on fees, yet have never earned any significant royalties from their songs.

Fortunately, there is a way to save money on fees. A writer can copyright several new songs under one PA Form and pay just one fee, if these songs are listed as a “collective work” on the form. However, the songs must be all written by the same writer or writing team. If a writer collaborates with different partners, these songs need to be filed on separate PA Forms, at an extra $45 per form.

For more information on registering your copyrights, and on how you can obtain PA and other forms, you can call the Copyright Public Information Office at 202-707-3000. The application forms and pamphlets are free.

By Dale Kawashima

Article Source: http://www.songwriteruniverse.com

For more education on careers in the music industry, check out: www. Music-Career-Guide.com

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