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Music Business Lessons (Courtesy Berklee Press)

The Primary Functions of a Music Publisher (Part 1)
By Eric Beall


There are five primary functions that are at the foundation of any effective music publishing operation, small or large:

  • exploitation

  • administration

  • collection

  • protection

  • acquisition

Exploitation

In case you haven't noticed, songs do not generally find their own way onto record albums, into movies, or onto the radio. (Check those dusty tapes in your drawer for further proof of this.) For most songwriters, the primary value of a publisher is that they are an ally in the never-ending struggle to get songs heard.

Please understand, the word "exploitation" has no negative connotations to a music publisher or a professional songwriter. In fact, it's just about the sweetest word in the dictionary. It simply describes the process by which a song finds some avenue to its audience, where it can begin to earn income for everyone involved.

Perhaps it's because this is what I happen to do for a living, but I believe that exploitation is the most important function of a publisher, and probably the most difficult to accomplish. For that reason, this book will focus disproportionately on the various opportunities and strategies for placing your music is money-making situations. It does not diminish the importance of any other publishing function to note that without exploitation, the other roles of a publisher are irrelevant. If the proverbial tree falls in the forest when no one's around, does it make a sound? I don't know. But I do know that a song that sits in a drawer doesn't do much for anybody. A little exploitation never hurt.

In a large publishing company, the primary responsibility of exploitation will usually fall to what is termed the "Creative Department." These people, also referred to as professional managers or creative directors, are generally the ones stumbling into the office late, playing music loudly in their offices, running off to "pitch" meetings, or hanging out with the songwriters. It's a rough job, but someone has to do it.

Administration

This is the original function of the music publisher--the task of "administering" the copyrights. Simply put, this is the process of registering copyrights, issuing licenses, negotiating requests for reduced royalty rates, and sorting through the myriad of "paperwork" issues related to the use of copyrights.

As you'll see when we discuss this function in more detail, the administration of copyrights is a complex process that becomes more challenging as a publishing company grows. The more successful you are at exploitation, the more administration there is to be done. For this reason, many small publishing companies will do "administration" deals with a larger publisher. This sort of deal is generally a simple case of a smaller company shifting much of the paperwork burden to a larger firm. A large publisher might take on the responsibility of all administrative duties related to the smaller company's copyrights in exchange for a percentage (usually around 10 percent) of all the income generated by those songs.

It's never hard to locate the Administration Department in a music publishing company. Just follow the paper trail. When you find the offices with very large stacks of paper everywhere, you've entered the world of administration.

Collection

With songs potentially earning income in a vast variety of media, requiring royalty payments from any number of different record companies, sync fees from independent producers, film studios, and advertisers, and performance monies from licensing organizations all over the world, it can be more than a little daunting to keep track of who owes what, and where that money is supposed to go.

needless to say, this is a key aspect of the music publishing business. Remember, the publisher collects all the income generated by a copyright (except for the writer's share of performance payments) and then distributes the appropriate percentage to the writer.

Any songwriter who's ever tried to decipher a royalty statement from a publisher will have some idea of the intricacies of this particular function. And any writer who has audited a publisher probably has some idea of how significantly small mistakes can add up.

In a large publishing concern, the task of collecting the money is usually split between the Administration Department and Royalties (or Accounting). Royalty statements are usually issued to writers twice yearly--and when that happy season rolls around, you can spot the Royalty Department by the bags beneath their bloodshot eyes. Or the line of expectant songwriters waiting outside their offices. Next


Excerpt from Making Money Making Music: An Insider's Guide to Becoming Your Own Music Publisher ©2004 Berklee Press Used by Permission

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