Publishing Rights

In-Depth Explanation

What are Publishing Rights?

In the music industry, Publishing Rights refer specifically to the copyright ownership of the musical Composition—the underlying lyrics, melody, and musical structure of a song.

This is arguably the most fundamental concept in music law: Every piece of recorded music contains two distinct copyrights.

1. The Publishing Right (The Composition)
2. The Master Recording Right (The specific audio file)

If you write a song in your bedroom on an acoustic guitar, you instantly own 100% of the Publishing Rights to that song. If you then go to a professional studio paid for by a Record Label and record a full-band version of that song, the label will likely own the Master Recording, but you still own the Publishing Rights.

How Publishing Rights Generate Money

Owning publishing rights allows you (or your Publisher) to generate revenue whenever the composition is used commercially. The four main revenue streams are:

1. Performance Royalties

Generated whenever the song is performed, broadcast, or played in public (e.g., played on terrestrial radio, streamed on Spotify, played over the speakers in a grocery store, or performed live at a concert). These are collected by a PRO (like ASCAP or BMI) and split 50/50 between the songwriter (the Writer's Share) and the publisher (the Publisher's Share).

2. Mechanical Royalties

Generated whenever the song is "mechanically reproduced." Historically, this meant pressing physical vinyl or CDs. Today, the vast majority of Mechanical Royalties are generated by interactive streaming (Spotify, Apple Music) and permanent digital downloads (iTunes). Every stream generates a microscopic fraction of a cent in mechanicals.

3. Synchronization (Sync) Fees

Generated when the composition is licensed to be synchronized with visual media, such as a film, television show, commercial, or video game. The fee is negotiated directly between the publisher and the Music Supervisor via a Sync License.

4. Print Rights

Generated from the sale of physical sheet music, guitar tabs, or lyrics printed in books or displayed on lyric websites.

The Writer's Share vs. The Publisher's Share

When money is generated from publishing rights, it is conceptually divided into two equal halves:

• The Writer's Share (50%): The portion paid directly to the people who actually wrote the lyrics and melody. By law, this share must be paid directly to the writer by their PRO. A publisher cannot touch it, and it cannot be used to recoup an advance.
• The Publisher's Share (50%): The portion paid to the entity that administers and exploits the copyright.

What Happens When You Sign a Publishing Deal?

When a songwriter signs a traditional publishing deal, they are essentially selling or giving away ownership of the "Publisher's Share."

• In a Co-Publishing Deal (the modern standard), the writer keeps their 50% Writer's share, and they split the 50% Publisher's share evenly with the publishing company. This results in an effective 75/25 split in favor of the writer.
• If you are an independent artist who writes your own songs and hasn't signed a deal, you own 100% of both shares. However, to actually collect the money generated by the Publisher's share, you must use a Publishing Administration service like Songtrust or TuneCore Publishing.