Nashville Entertainment Law- Publishing Agreements
by Noah McPike on December 2, 2009
in Blog, nashville attorney
Nashville Entertainment Attorney
The “straight” publishing agreement is a contractual agreement whereby a publisher engages the songwriting services of a songwriter. Typically, a music publisher will pay a songwriter a monthly (or sometimes an annual) advance, and in exchance for that advance the songwriter will be required to write a certain number of songs for the publisher. In a “straight” publishing agreement, as oppossed to what is known as a “co-publishing” agreement, the publisher retains all rights to the songs written by the writer during the term of the agreement. The publisher is then responsible for seeking commercial exploitation of the songs. Such exploitation is commonly derived from mechancial licensing (having an artist record the song on his or her album) and synchronization licensing (licensing the song for use in film, television, and video games). When royalties from commercial exploitation are paid to the publisher it is the industry standard for the publisher to pay the songwriter a 50% share.
Be advised that while the foregoing illustrates what many consider standard terms for a “straight” publishing agreement, there are many nuances involved in the drafting and negotiation of publishing agreements.




