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One
of the questions commonly asked by developing songwriters is:
"How can I get a publisher?" Most writers don't realize
they already have one, and they're it. So says Eric Beall,
Vice President, Creative, at Sony/ATV Music Publishing. As soon
as you write a song, you are also the publisher of that song until
you decide to give or sell the rights to someone else. Having
had an opportunity to work with top songwriters like Billy Mann,
Steve Diamond, Gary Baker, and many others, Beall has seen firsthand
that the best writers are very adept at organizing their song
catalogue and at seeking out opportunities for their songs to
be heard. Beall's new book, Making Music Make Money: An Insider's
Guide to Becoming Your Own Music Publisher (Berklee Press)
is intended to help new writers take an active role in managing
their publishing business. Beall offers tips on how to assume
your rightful role as publisher of your music.
WOMANROCK:
You've
said many songwriters don't realize they're already their own
music publishers. Can you talk about that?
ERIC
BEALL:
From
the moment a song is completed, you not only own the writer's
share of the song (which generally is assumed to be 50% of the
total income), you also own the publisher's share (the other 50%).
The problem is that most writers haven't learned to be effective
publishers. Initially, it's up to the writer to learn to administer
his or her own copyrights, protect them, and collect whatever
income is generated. Even more importantly, the songwriter is
going to have to learn to find opportunities to exploit the copyrights
by getting the songs on records, or television, or in movies,
or on the radio. Until the songwriter can make something happen
with his or her songs, it's doubtful that anyone else in the industry
is going to take much notice.
WOMANROCK:
What
are the benefits to forming your own publishing company?
BEALL:
I've
always felt that one of the most difficult aspects of being a
songwriter is the sense of waiting on someone or something else
to move your career ahead. It seems like you're always waiting
for that A&R person to call back, or that manager to land
you a record deal, or your publisher to tell you who's looking
for songs. By learning to become your own publisher, you can begin
to take a more pro-active approach to your own career. You are
the one building relationships with A&R people and others
in the industry, and you're the one finding out who's looking
for songs.
Being
your own publisher forces you to become more objective about your
own music. When it's your job not just to write the songs, but
also to sell them, you quickly become much more critical and realistic
about the quality or commercial viability of the songs in your
catalogue. The truth is, no one knows your songs better than you;
no one cares about your music as much as you; and no one wants
or needs to make something happen with your music as much as you
do.
WOMANROCK:
Are
there key points you should consider before jumping in?
BEALL:
There
are two primary things to consider before you begin setting up
your publishing company: the quality and nature of your song catalogue
and your own career goals and definition of success. As I said
before, one of the main benefits to being your own publisher is
learning to be objective, and the first step is to analyze the
songs in your publishing catalogue. You can never be in the position
of pitching songs that you don't believe in. So the first step
is to look at each song that you publish and decide how viable
the song is. Is it commercial? Does it have a hook? Is the lyric
effective? Is the demo recorded well? Could it be more saleable
if it were demoed in a different style? Making Music Make Money
talks quite a bit about "getting the music right." That
really is, and should always be, the first step.
And
of course, you need to consider what your definition of success
would be. Do you simply want to be able to earn a living from
your music? Or are you determined to see your songs at the top
of the Hot 100? Would you be willing to write whatever a specific
project or radio format needs? Or are you determined to write
in your own style, and try to convince the market to come to you?
WOMANROCK:
Why
does establishing your own publishing company increase the likelihood
that a larger company will take interest in forming a business
partnership with you?
BEALL:
Fifty
years ago, most publishing deals were structured in such a way
that the writer would receive 50% of the income generated by a
song (the "writer's share") and the publisher would
keep the other 50% (the "publisher's share"). Today
that is far less common. Now most deals done by the major publishers
are "co-publishing" deals which means that the writer
receives 50% of the songs income ("writer's share"),
while the publishing income is split between the writer's publishing
entity and the publisher. Obviously this is good news for the
writer as he or she now receives 75% of the income. But it also
means that the writer's publishing entity is expected to provide
something in exchange for 25% of the income. If a publisher is
going to give up 25% of the income to the writer's publishing
company that publisher expects that the writer's company will
be actively engaged in placing songs and managing the catalogue.
If
you can show that your company is already having success it becomes
a relatively simple business proposition for a larger publishing
company to consider entering into a partnership with you. They
are investing money in your expertise, and are partnering with
you to develop a business that already exists.
WOMANROCK:
If
you're already your own publisher what is the benefit of partnering
with the larger company?
BEALL:
I've
been very careful in Making Music Make Money to emphasize
that the idea of taking control of your own publishing is not
intended to discourage writers from entering into a partnership
with a larger company. As someone who has been a writer for several
large publishing companies, and is an A&R person at Sony Music
now, it would be ridiculous for me to disparage large publishing
companies. A partnership with a larger company can offer a much
wider reach for your music allowing you to target markets all
over the world through a larger company's international offices.
Many of the major publishing companies are part of larger corporations
that include film companies, book companies, television production
companies and record companies. Being associated with the related
publishing company may provide special access to these other operations
within the corporate family. Because they represent such large
catalogues many of the major publishers can be more effective
in negotiating licensing rates, settling split disputes, or resolving
administrative issues with organizations like BMI or ASCAP. And
certainly, given the slow pace at which royalties are paid by
record companies and others, the ability of a major publisher
to provide an "advance" against future earnings can
be very valuable to a small developing company.
WOMANROCK:
What
traits should songwriters look for in a major publishing company?
BEALL:
The
key factors would be accessibility, relationships, and aggressiveness.
Given the immense size of some of the major publishers, it's important
that you are able to reach people on the phone who are familiar
with your company and can respond quickly to issues…You should
feel that you have positive personal relationships within the
company: An A&R person who is intimately knowledgeable about
your music, a contact in the administration department who knows
your catalogue, and a representative in the Film/TV department
that has relationships with the music supervisors that use the
sort of music that you do…You need to be sure that the people
you are partnering with are not so overburdened that they can't
respond to opportunities.
WOMANROCK:
Can
you talk about the importance of a split letter?
BEALL:
A
split letter is a very simple document between co-writers and
co-publishers as to the ownership of a specific copyright. Many
writers assume that if they write a song with someone else then
each writer will own 50% of the song. But it is not necessarily
that simple. Some writers divide the ownership of a song based
on the number of writers; others divide the song based on the
amount of work done. That is to say, if one writer wrote all of
the lyric and part of the music, they might receive 75% of the
song. There are no standards or norms where song splits are concerned.
It's all based on negotiation between the writers. The important
thing is to keep a written record of whatever split is agreed
upon. The best time to settle split issues is before or immediately
after a writing session. Instead too many writers avoid the topic
of splits until something is actually happening with the song,
which is the worst possible time to have the discussion. Once
there is real money at stake these issues can be very difficult
to resolve and can result in damaged relationships.
WOMANROCK:
What
items should your split letter include?
BEALL:
A
split letter can be a straightforward one-page letter indicating
the title of the song, the date it was written, the percentage
owned by each writer, and what percentage is owned by each publisher.
It should also provide contact information for all of the writers
and publishers and a place for signatures by each of the writers.
Ideally, it should also include a description of what each writer
contributed (lyrics, melody, music) and a list of any samples
contained in the song.
WOMANROCK:
What
is the value of focusing your catalogue on one particular genre
of sub-genre?
BEALL:
It's
very important to find a "focus" for your company. Most
often this centers around the style of music that you write. Most
small companies are focused on a particular genre or sub-genre
of music. Whether it's Southern hip-hop, or traditional country,
or Christian rock, or hardcore punk, you need to have one specific
part of the business which you are targeting. This allows you
to become part of a musical community and makes it possible to
learn who the key players are in that segment of the industry.
You need to know the major companies in your genre, the A&R
people, the producers, artists, radio stations, managers, press,
clubs, and djs. The music business is too diverse to try to learn
how the business operates in every different genre.
WOMANROCK:
In
addition to your new book are there other resources you recommend?
BEALL:
I'm
a big fan of the Music Business Registry books, which provide
great listings of A&R people, lawyers, publishers and others
in the industry. I'm also a big proponent of reading the trade
magazines or reviewing their websites. Billboard, Variety,
Hollywood Reporter (for film and television), and Hits
are all worth checking out on a regular basis. I'd also recommend
the Berklee Music online education program. I've just started
teaching a class there, based on Making Music Make Money."
Making
Music Make Money: An Insider's Guide to Becoming Your Own Music
Publisher can be ordered at www.berkleepress.com.
Tina
Whelski is a NY-based freelance writer/photographer who has
written for the Village Voice and currently contributes a regular
music column to the Aquarian Weekly/East Coast Rocker. She's also
a drummer.
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1999-2004. WOMANROCK.com. All Rights Reserved.
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