How to Register a Music Publishing Company

Every song generates two sets of royalties: writer royalties (paid to the songwriter) and publisher royalties (paid to the publishing entity that administers the composition). When you release music as an independent artist without a publishing company set up, you are collecting only the writer's share. The publisher's share, which is typically 50% of the total performance royalty, is either sitting uncollected or being absorbed by a third party.

Setting up your own music publishing company is the mechanism for collecting both shares. It does not require a major publisher, a deal, or significant capital. It requires a company name, registration with your PRO, and a business structure appropriate for your situation.

This guide walks through the process step by step, including what decisions to make before you register, how the registration works with the major PROs, and what to do after your publishing company is set up.

What You Will Learn

• What a music publisher does and why you need one
• The difference between the writer share and publisher share
• How to choose a name for your publishing company
• Step-by-step registration with ASCAP and BMI
• What to do after your company is registered

What a Music Publisher Actually Does

A music publisher administers the copyright in musical compositions. In the traditional music industry, publishers pitched songs to recording artists, negotiated licensing deals, registered compositions with PROs, handled copyright paperwork, and collected royalties from multiple sources on behalf of the songwriter.

In the independent artist context, you function as your own publisher. When you set up a publishing company, you are creating the entity that:

• Holds and administers your compositions
• Collects the publisher's share of public performance royalties
• Receives mechanical royalties for reproductions of your compositions
• Can issue sync licenses for your music
• Is listed as the publisher on all registrations, credits, and licensing agreements

If you sign a publishing deal with an outside publisher, that publisher takes on these functions in exchange for a percentage of the publishing income. For independent artists who want to retain full control, self-publishing is almost always the correct choice.

Writer Share vs Publisher Share

Public performance royalties are split between the writer and the publisher by convention (this is not legally mandated but is the standard practice followed by all PROs):

• Writer's share: 50% of the total performance royalty, paid to the songwriter
• Publisher's share: 50% of the total performance royalty, paid to the publisher

If you are registered only as a writer with your PRO (ASCAP, BMI, or SESAC) and have no publisher entity, you collect the writer's share and the publisher's share may go uncollected or, in some cases, be held by the PRO's general fund until a publisher entity is established.

By registering a publishing company with your PRO and assigning your compositions to it, you collect the full 100% of the royalty: 50% as writer, 50% as publisher.

Before You Register: Key Decisions

Choose a company name. Your publishing company needs a name that is not already registered with any of the three major US PROs (ASCAP, BMI, and SESAC each maintain searchable databases of existing publisher names). Common practice is to use a variation of your artist name: "Smith Songs," "Jones Music Publishing," or a completely invented name. Search each PRO's publisher name database before settling on a choice.

Choose a business structure. Most independent artist publishing companies operate as:

• Sole proprietorship: The simplest option. No separate filing required in most states (you may need a DBA "doing business as" registration for the company name). Income flows through your personal tax return.
• LLC (Limited Liability Company): Provides liability separation between the publishing business and your personal assets. Requires state filing (typically $50 to $500 depending on the state). Better for artists whose publishing generates significant income or who want to separate the business clearly.

For most artists just starting out, a sole proprietorship or single-member LLC is appropriate. Consult a music attorney or accountant if you have a more complex situation.

Decide on your PRO affiliation. Your publishing company must be affiliated with the same PRO as your songwriter account. If you are an ASCAP songwriter, your publishing company must be an ASCAP publisher. ASCAP's publisher registration fee is $50 (one-time). BMI's publisher registration fee is $150 (one-time).

Step-by-Step: Registering with ASCAP

Step 1: Log in to your ASCAP member account at ascap.com.

Step 2: Navigate to "Join ASCAP" and select the Publisher membership option. Even though you are already a member as a writer, publisher registration is a separate process.

Step 3: Enter your publishing company name. ASCAP will check it against their database. If the name is already taken, you will need to choose a different one.

Step 4: Complete the publisher application form. Provide your company name, your legal name as the company owner, your address, and payment information for the $50 one-time fee.

Step 5: Submit the application. ASCAP will review and approve it, typically within a few business days. You will receive confirmation and a publisher IPI number (the unique identifier for your publishing company in the international royalty system).

Step 6: Update your work registrations to add your publishing company. Log in, navigate to Works registration, and update existing registered songs to list your publishing company as the publisher with a 50% share. Register future songs with the publishing company information included from the start.

Step-by-Step: Registering with BMI

Step 1: Go to bmi.com. From the Join section, select Publisher.

Step 2: Enter your proposed company name. BMI will check availability in real time.

Step 3: Complete the publisher application. BMI's $150 one-time fee applies to publisher entities. Songwriter membership remains free.

Step 4: Submit the application and pay the fee. BMI publisher accounts are typically activated within 1 to 2 business days.

Step 5: Update your song registrations to include your publishing company information. In BMI's "My Catalog" section, edit existing works to add your publisher IPI number and the publisher's 50% share.

After Registration: What to Do Next

Register all existing songs under the new publishing entity. Log in to your PRO account and update every work registration to include your publishing company as the 50% publisher. Songs registered before your publishing company existed may not have a publisher assigned.

Set up a publishing administration account if needed. If you release music internationally and want to collect publishing royalties from countries where neither ASCAP nor BMI has strong direct relationships, consider a publishing administration deal with a company like Songtrust ($100 setup fee + 15% of collected royalties) or CD Baby Pro Publishing. These services register your catalog with collection societies worldwide and pass royalties back to you after their fee.

Set up mechanical royalty collection. Publisher royalties include mechanicals (paid when your compositions are reproduced on streaming platforms, in physical products, or sampled). In the US, mechanical royalties from digital streaming are now administered through the Mechanical Licensing Collective (MLC). Register your publishing company with the MLC at themlc.com to collect these royalties directly.

Issue your publishing company a DBA if required. If your state requires a DBA (doing business as) filing to legally conduct business under a trade name, complete that filing with your county clerk's office. Fees are typically $10 to $50.

Open a separate bank account for your publishing income. Keeping publishing royalties separate from personal finances simplifies accounting and tax filing. See our guide to opening a business bank account as a musician for the practical steps.

Frequently Asked Questions

Q: Do I need a separate EIN for my publishing company?

A: If you are operating as a sole proprietorship without an LLC, you can use your Social Security number. If you form an LLC, you will want a separate Employer Identification Number (EIN) from the IRS, which you can obtain free at irs.gov in minutes. An EIN also adds a layer of privacy since it allows you to use the EIN instead of your SSN on business forms.

Q: Can my publishing company name be my own name?

A: Yes. "Jane Smith Publishing" or "John Doe Music" are valid publishing company names, provided they are not already registered with the PROs.

Q: What is the difference between registering a publishing company and signing a publishing deal?

A: Registering a publishing company as described in this guide means you control 100% of your publishing and collect all royalties yourself. Signing a publishing deal with an outside publisher means that publisher controls some or all of your publishing rights in exchange for advances, promotion, and administration. The terms of publishing deals vary widely.

Q: Do I need a publishing company to issue sync licenses?

A: No, but having one formalizes the process and makes it clearer who is issuing the license. As a self-published artist, you control both the master and the publishing rights and can issue sync licenses directly regardless of whether you have a formal publishing entity.

Q: How long does it take for publishing royalties to start arriving after registration?

A: Once your publishing company is registered and your songs are registered under it, royalties typically appear in your account 6 to 12 months after the performances generating them. PROs distribute quarterly, and there is inherent lag in reporting from venues, broadcasters, and streaming services.

What to Do Next

With your publishing company established, the next step is ensuring all your compositions are registered and your royalty collection infrastructure is complete. Our PRO registration guide covers the songwriter registration side in full. For artists interested in sync licensing their publishing, our guide to licensing music for commercials explains how to leverage your publishing rights for sync income. To browse the full landscape of performing rights organizations worldwide, see our PRO Directory.