Music Publishing The New Math 50-50 Deal By Professor Ed Calle Miami-Dade College - School of Entertainment Design Technology The Writer The writer composes music and/or lyrics. Writers own the copyright until they sign it away. The writer is paid for airplay of their compositions. Performing Rights Organizations ASCAP BMI SESAC These organizations lobby the lawmakers on behalf or writers and publishers. They collect and pay airplay money due to writers and publishers. BMI & ASCAP are non-profit organizations. Airplay Money A pop song receiving airplay on commercial radio earns approximately 12 cents. (.12) 50% is paid to the writer(s) and 50% to the publisher(s). 2 writers would earn 3 cents each. (50% of 50%) Songs driving the market may earn up to 4X’s the statutory rate or 48 cents per play. Bonus Rates for Airplay A pop song receiving higher than average airplay will be paid at a bonus rate. The rate can be as high as .48 cents or 4 times the standard airplay rate. More details regarding bonus rates are available at www.bmi.com and www.ascap.com. Other Airplay Money paid for other airplay varies depending on the format. Those formats include: College radio Internet Television Digital broadcasts Cable Public radio The Music Publisher A publisher offers some or all of these services: Administration Acquisition Promotion Print Production Distribution Sales Sub-publisher Licensing Publishing Administration Business Affairs Operations Accounting Copyrights Licensing Permissions Publishing Acquisitions Contract writers. Purchase existing catalogs. Company mergers and acquisitions. Publishing Promotion Place music via appropriate channels: Recordings Performances Advertising Movies Television Telephone ring tones Video Games Publishing Promotion continued Appropriate Channels Artists Producers A&R Musical Directors Decision makers Print Production Create printed music, videos and folios for: Amateur musicians Schools Churches Professionals Orchestras (Concert publishers) Distribution This department ensures that the music is available to consumers via: Rack jobbers Wholesalers Retailers Direct Mail Catalogs Internet Sub-Publishers Domestic U.S. Canada Foreign Europe South & Central America Asia R.O.W. (Rest of the World) Licensing Publishers will negotiate: Synchronization licenses for use with film, television or other images. Commercials. Special promotions. Any other use not covered by mechanical royalties. The Harry Fox Agency is the largest music licenser in the world. The Song Manager Publishers will: Require writers to sign over the copyright in order to allow use of the song legally. Issue a contract for a specific period of time. This period will also require a certain number of works to be created and “placed”. Collect and pay money to writers as specified in the terms of the contract. Publisher’s Money Mechanical Royalties New CDs Remakes Reissues Covers Licensing music for use in film, television, video games, telephones, commercials, etc. Airplay (Publishers collect 50% of airplay money) Printed music Publisher & Writer A song generates two streams of income: Mechanical royalties Airplay The two revenue streams are not equal in earning potential. By law, a writer is entitled to the writer’s share of the airplay money. That share is 50% of the total airplay money. Co-Publishing The publisher’s share of the money is negotiated between writer and publisher. A writer owns 100% of the publishing share until such time as he/she enters into a contract with a publisher. The standard contract, known as a co-publishing deal, is an even 50-50 split of the publishing earnings between writer and publisher. The New Math 50-50 Deal “I take care of the business and you take care of the writing,” means: The publisher keeps 100% of the publishing earnings. By law, the publisher also receives 50% of the airplay money. The writer earns a 50% share of the airplay royalties and absolutely no publishing money. Revenue Streams Suppose the following: • • • • • • • You compose 10 songs of length 5:00 or less which are recorded on a major artist’s CD. The record company prints 100,000 copies of the CD. One of the songs receives 100,00 plays on radio. A movie licenses the use of the song for $150,000. An advertising firm pays $75,000 for the use of the song in a commercial. All ten songs are subsequently recorded by other artists. The number of copies printed is 100,000. Print music, videos and other educational materials earn $75,000. Computed Totals Mechanicals for 10 songs = 10 * .091 = .91 100,000 copies = .91 * 100,000 = $91,000 Airplay 100,000 * .12 = $12,000 Movie license = $150,000 Advertising = $75,000 Re-records = 100,000 * .091 = $91,000 Print music = $75,000 Co-Publishing Deal Earnings Source Publisher Writer/Publisher Mechanicals $45,500 $45,500 Airplay $3,000 $9,000 Movie $75,000 $75,000 Advertising $37,500 $37,500 Re-records $45,500 $45,500 Print Music $37,500 $37,500 TOTALS $244,000 $250,000 New Math 50-50 Deal Earnings Source Publisher Writer/Publisher Mechanicals $91,000 $0 Airplay $6,000 $6,000 Movie $150,000 $0 Advertising $75,000 $0 Re-records $91,000 $0 Print Music $75,000 $0 TOTALS $488,000 $6,000 Negotiating Strategies Present as much material as you seem fit. Look for the best possible deal. If you are offered the Miami deal, try to negotiate as few songs at one time as possible. If you must give up all publishing on your music in order to get in the door, minimize the number of songs affected. Once you have negotiated a deal and you think you have been taken advantage of, hire a good lawyer and weigh your legal options. Publishing Alternatives File your copyrights. Start your own publishing company. Market your music to those in need. Affiliate with ASCAP, BMI or SESAC. They will collect airplay royalties for the writers and publishers respectively. Affiliate with Harry Fox to collect mechanical royalties. As the publisher, you will be responsible for negotiating synchronization licenses.