Q & A
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How Two Artists Ended Up Recording
The Same Song, And An Explanation of Song Holds
Q. I know that
[a specific artist] recorded a song for an album that hasn't come out yet. But [another
artist]'s single of it was played on the radio the other day. How did this happen, and how
do they decide who gets the song?
A. This
issue has to do with song holds, the power of each artist, and whether or not the song has
multiple publishers. To help clarify song holds, we went to songwriter David Paul Bryant,
who's had songs recorded by Whitney Houston and many others. The business of song holds is
very complex, so bear with us...
For clarification purposes, we'll assume the song is a brand new song* that hasn't
been previously recorded and released by anyone else.
First of all, the songwriter(s) usually have very little
say in who gets to record the song, unless they are an established writer. Those decisions are made by the
song's publisher, whose job it is to place the song where it has the best chance of
earning maximum income.
The publisher shops the song to A&R reps at labels in
hopes that they'll want it for one of the label's artists. If the A&R rep thinks the
song is a perfect match for one of their artists, he or she places a "hold with first
rights" on it, to prevent anyone else from recording and releasing the song. A
manager with clout who's heard a song he wants for his artist and/or a producer who is
working with an artist also have the power to put a song on hold. To keep the publisher
(and writer) from missing out on potential income opportunities, a typical hold is for 30,
60, or 90 days.
(Note: A smart music publisher,
who understands the value of building a positive relationship with their songwriter, will
always ask the songwriter who they think should record their song, even if the music
publisher decides not to send the demo of the song to any of the artists suggested by the
songwriter.)
Now, let's say the song has two writers, which in most
cases means two publishers. If the song is brand new, it only takes permission from one of
the two publishers for someone to obtain the license the song. Each publisher is out
shopping the song, and it can get very competitive. Relationships are at stake. If Label A
has a major artist who wants the song, and Label B's artist isn't a major artist, the
publisher will probably choose Label A. Or, if the song's other publisher has promised it
to another artist, the two publishers will battle it out and it will most likely end up on
Label A's artist's album.
Another factor in deciding who gets the song is whether
or not the song will be a single. If one artist is planning it as a single and another
artist is only planning to use it as an album cut, the single will probably win out.
In the scenario you described, this is what may have
happened: [Artist A] had the song on hold as a package of songs to record--and may well
have recorded it--but made no guarantee that it would be a single, or that it would
even make the album.
[Artist B] heard the song and promised the publisher it
would be a single.
The publisher jumped on the opportunity to have the song
as a single by a "hot" pop culture phenom [Artist B].
In order to help secure the song and get their artist
associated with the song in the public's mind, someone in Artist B's camp
"leaked" the song to the radio station, who then played it.
Another possible scenario: the two publishers each gave
the song to a different artist's camp, and Artist B jumped on it, then leaked the song to
the radio station to beat Artist A to the marketplace.
*If a song has been out on the
marketplace before on a major label CD, anyone can license and record it.
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Answers in the MBADC Q&A are to be taken as general advice only and are not intended
as a substitute for legal advice from a competent entertainment or intellectual property
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