Music publishing is the business of licensing songs and collecting the income they earn, meaning the composition and lyrics rather than the recording. Publishers, administrators and collection societies do that work on a songwriter’s behalf.
It is one piece of how the music industry works, and it follows different rules from the recorded-music side. This guide explains who does what, how the money is divided and what choices an independent songwriter has.
Songs and recordings are paid separately
A finished track contains a song and a recording of that song. Publishing deals with the song. The Music Publishers Association, the UK trade body, notes that money is collected separately for songs and for master recordings. A publisher invests in songwriters and controls compositions, while a record company invests in artists and controls recordings.
The split matters because the two roles do not always sit with the same person. Plenty of recording artists write their own material and so need both a publishing arrangement and a recording arrangement. Some of the writers they work with never perform and live entirely on publishing income.
Ownership of a song begins with the writer. The US Copyright Office states that copyright exists from the moment the work is created, so a songwriter holds the rights before any publisher is involved. A publishing deal is a decision about what to do with those rights.
What a music publisher does
The Music Publishers Association describes a long list of duties. They include registering the works of songwriters and composers with all appropriate collecting societies and agencies, promoting writers and their music to performers, broadcasters, record companies and others who use music on a commercial basis, and monitoring the use of the music so that proper payment is made for all licensed uses.
In practice the work falls into two groups. The first is creative and commercial: finding writers, arranging co-writing sessions, producing demos and pitching songs to artists, to film and television, and to advertisers. The second is administrative. Audiomack’s artist guide explains that administration is separate from the creative and marketing services a publisher might provide, and that it covers registering songs, receiving licensing requests, negotiating and drafting contracts, and collecting and paying out royalties.
Some publishers offer both services together. Others provide only administration, which suits writers who already have a career and do not need help finding work.
The writer’s share and the publisher’s share
Income from a song is conventionally divided into halves. Audiomack’s guide says the traditional publisher-songwriter revenue split is 50/50, regardless of ownership stake. The songwriter’s half is called the writer’s share and the publisher’s half is called the publisher’s share.
The two halves behave differently. The same guide says songwriters always receive their writer’s share, even after signing a deal. What changes is who controls the publisher’s share. A songwriter who is both self-published and self-administered holds both halves, while one who signs a standard deal hands the publisher’s half to the company.
Collection societies pay each half to the right party. Registration decides where each half is sent, so a writer who joins a performing rights organization should make sure the publisher details on every song match the contracts actually signed.
Common types of publishing deal
There is no single template. The Music Publishers Association points out that there is no standard form publishing agreement, and that the usual types include a single song assignment, an exclusive agreement for future works and a sub-publishing agreement. Under these contracts, songwriters assign or license the copyright in their music to the publisher in return for a commitment to promote, exploit and protect it, and the publisher pays royalties after deducting an administration fee.
Audiomack’s guide sets out the main structures in more detail:
- Standard (exclusive songwriting) deal. The publisher acquires 100% ownership of the songwriter’s material during the term, and the writer must deliver a minimum quantity of songs.
- Co-publishing deal. Ownership is shared. The songwriter gets the writer’s share, representing 50% of the total revenue, plus a company they control receives half of the publisher’s share, representing 25% more.
- Administration deal. The publisher handles administration but does not offer creative or marketing services. According to the guide, administrators are willing to take less than the usual splits, in the neighborhood of 10%-25%.
- Sub-publishing. A local company collects in a single territory, keeps its share and passes the rest back.
Sub-publishing exists because each country has its own copyright laws and societies. The guide notes that attempting to collect royalties for uses outside your home country is extremely difficult without local help.
Ownership also has a time dimension. The guide explains that in publishing the songwriter will get a chance to reclaim their ownership after 35 years, under the US termination-of-transfer process, which is a reason to keep a record of every assignment signed.
Self-publishing and registering your songs
A songwriter who signs nothing is usually self-published. For streaming and download income in the United States, the term used is self-administered. The MLC explains that songwriters, composers and lyricists are self-administered if they have retained the right to register any of their own musical works with The MLC and collect their own mechanical royalties, either directly or through a business manager, accountant, lawyer or other representative.
The same page adds that writers who have assigned those rights to a music publisher or publishing administrator do not need to become a Member of The MLC, because the publisher or administrator handles collection and registration. The collective also publishes a short checklist that begins with the plain statement that being signed to a music publishing deal probably means a writer is not self-administered.
For those who do qualify, the process is direct. The MLC’s home page says that anyone entitled to receive digital audio mechanical royalties for use of their music in the U.S. should become a Member, and that Members can register their songs in the Member Hub within The MLC Portal.
Registration with a performing society is a separate step. In an interview published by Spotify for Artists, a PRS for Music representative says the starting point is always the registration of the work. The same interview notes that PRS deals with performing royalties and MCPS with mechanical royalties, and that a published writer does not need to be an MCPS member because the publisher will do the mechanical collection and licensing.
The way streaming services are paid for songs is also a subject in its own right. Readers interested in ownership models that differ from the usual per-stream approach can read about stream to own music, which is a separate topic from publishing.
Questions to settle before signing anything
Because publishing deals transfer rights, the terms matter more than the label on the deal. Before agreeing to one, a songwriter can work through a short list:
- Which songs are covered: only named titles, or everything written during the term?
- What exactly is being handed over: ownership of the copyright, or only the right to administer it?
- Which territories and income types are included, and can some be kept back?
- What does the publisher commit to do, and what happens if it does little?
- When do rights return to the writer, and in what circumstances?
Audiomack’s guide warns that placement deals can carry a particular risk: since they act like standard publishing deals, the songwriter can give ownership of their song to the placement company. The guide’s advice, repeated across its discussion, is to have an experienced entertainment lawyer review any contract.
The details depend on the contract and the country, and this overview is general information rather than legal advice. A qualified music lawyer or adviser can look at the specific wording before anything is signed.
Frequently asked questions
Do independent artists need a publisher?
Not necessarily. A songwriter can stay self-published and register works directly with the relevant collection societies. A publisher or administrator becomes useful when the volume of registration, licensing and international collection becomes more than the writer wants to manage.
What is the difference between a publisher and a record label?
A publisher works with songwriters and looks after compositions. A label works with performing artists and looks after recordings. Each side is licensed and paid on its own track.
Does signing a publishing deal mean losing the writer’s share?
No. The deal affects the publisher’s share and, depending on its type, who owns the copyright, while the writer’s share stays with the writer.
Can a songwriter work with a publisher and still join The MLC?
Writers who work with a publisher or administrator in any capacity are advised by The MLC to check with that company before joining, because the publisher may already be handling registration and collection.
