JPF Home Page Forums General Messages Mentor Questions Forum Common Questions

PUBLISHING:
Publishing: (1) How do I get a publishing deal?
Publishing: How do I package my demo before sending to a publishing co and how should I follow up and with what tools (postcards included, follow up with phone call, etc)?
Publishing: o How do I submit my works to a publisher, and which one ?
Publishing: 1)How do I become "self-published" and what do I need to know as a "self-publisher" if someone wants to cut my song?
Publishing: 1: How do I get a publisher, label/artist to listen to my original music?
Publishing: 2: I was contacted by email by someone �in the business� who heard my music and wants me to sign a publishing/promotion deal. I constantly hear about people being scammed like this. How do I know if it�s legitimate?
Publishing: 12: I can�t convince a publisher or label to listen to my music. It really is great, though! Are there any other avenues to get my music heard by someone in the business?
Publishing: 17: Can I be my own publisher? If so, how do I do that?

PUBLISHING 'DEAL': A 'deal' sounds like a contract. Let's capitalize that; Contract. Your 'Signature' on a contract...Contract...Legally binds you to whatever is printed in that Contract. As an adult, your Signature binds you to the terms of the Contract.
Twelve million Americans signed Contracts called Mortgages, and lost their money and real estate because the Professional Lenders who wrote the Contract put in a clause about 'Variable Rate', meaning they could arbitrarily increase the monthly Mortgage payment to a level the Amateur Borrower could no longer pay.
No document submitted, on demand of the Professional Lender, Tax Returns, Check Stubs, Bank Statements, would make the Lender think the Borrower could continue to pay at that 'Rate'. But the Professional Lender knew what they were doing.
It was a land grab. Robber Barons and Railroads of olden days would be envious of the 'Legality' of the scheme, and how it worked, all because of Signatures on Contracts. You agreed by your Signature to be bound by that clause in the Mortgage Contract.
The person writing the 'Publishing Deal' to Publish your Song writes it to give themselves the 'Deal' they want, most advantageous to them.
You may tend to be amenable to whatever 'Deal' they offer you, not thinking about the long-term implications of what you are 'Legally' binding yourself to abide by. They're Professionals. They know what they're doing. You're an amateur.
Tales are infamous of people who signed Contracts and lost all control of their Songs. The old Blues Men. The Beatles. Creedence Clearwater Revival. John Fogerty was prohibited from even 'sounding like himself in the Songs he wrote for CCR'. Paul McCartney later, much later, recovered 'ownership' of some of the Lennon-McCartney Songs he lost 'ownership' and Legal control of, due to Contracts his Signature Legally bound him to abide by.
So knowing about Contracts for a Publishing 'Deal' is of strategic importance, as it goes right to the heart of the matter; money. Who makes money? Who has Legal authority to profits earned by the Song? Who can Legally Contract for 'use' of the Song? Whose Signature is required to make Contracts to make money?
Back when the world was young we heard bands with million seller albums, and how rich they got. But later we learned the Record Labels took all the profits from selling a million hard-copy units. They told the bands to go tour and make their money selling tickets to shows. Some were good at that. Some learned to 'Merchandise', to make money selling t-shirts, hats, whatever the public consumer would buy. Their tours promoted the Vinyl Record sales, Cassette sales, Compact Disc sales, which profited the Labels.
When the Labels stopped being able to sell 'records', the hard copy devices, they came back to Artists, wanting a share of ticket sales, merchandising.
Who writes the Publishing Contract? What 'Deal' did they secure for themselves? What 'Deal' should you negotiate for your benefit, before you put your Signature on that Contract?
You 'get' that 'Deal' by signing your name. You get that Deal when you contact the Publisher and get permission to submit your product. They said, "Yes. Send it." That is a 'Solicited Submission'. You can't just randomly mail or email your product. That's 'un-Solicited' and, if they're legitimate, Unsolicited mail goes into the trash. They don't want to risk being accused of Copyright Infringement if they Publish something that you can credibly accuse them of having 'Access' to and stealing from you, because they opened your Unsolicited submission.
You put that document, saying, "Yes. Submit your product." in your Company's file, for future reference. Add notes on who, what,when, where, why.
You send the product and wait for them to get back to you. It may be months.
Suddenly, they've decided they want to Publish the product and you find yourself sitting, pen in hand, ready to sign the Contract...that they wrote. They wrote it to benefit their Company. You have to read it, and comprehend what the 'Deal' is, what the terms of the Contract are, what your Signature Legally binds you to abide by, what's good for you, your Company.
Do you need a lawyer? Sure. It's a 'Legal' Contract. A lawyer can advise you on it. Criminal and Commercial lawyers may not be familiar with nuances of Entertainment Law. But any lawyer is better than none.

REVERSION CLAUSE: Does the Publishing Contract contain a 'Reversion Clause'?
Does it specify how long the Publisher has to Publish, to get the Song Pitched to an Artist to 'Cut' (Record) and 'Release' the Song to market?
At the end of that time period, if the Reversion Clause is in the Contract and specifies the time period, if they have not succeeded in getting it to market, the Contract ends. The Publishing Rights you 'Assigned' to them, authorizing them to be paid Publishing Royalties, if any are earned, 'Revert' back to you. You can then Pitch the Song to other Publishers, Artists, Music Supervisors, and the previous Publisher retains no Publishing Royalty 'Rights'.
Did they put that in there? They wrote the Contract. Did they give you the 'Deal', or 'Deal' themselves in for perpetuity, meaning they own those 'Rights' forever?
Some Demonstration Recording Companies try to Contract for Assignment of Publishing Royalties, just in case you get the Song to market, even though they didn't do anything to get it there. They made their money by selling you a Demo. They didn't 'Publish', 'Pitch', or do anything, but your Signature on a Contract locked them in.

PACKAGING: The Publisher, or other entity you're Pitching to, may specify how to 'package' your Solicited Submission, specifying MP3 or WAV digital format, or hard copy device, Lyric Sheet, other data they want to know up front. Who owns the Copyright? Who owns the Master Recording? Who are the Song-Writers?
Put your contact data on every piece. They may be messy, taking things apart and forgetting what goes with your Submission. Your data on the envelope, the cover letter, or email, the jewel case, the paper inserts, embedded in the Metadata in the recording, all increase the chances they can put it back together and get back to you to move forward and make money.

FOLLOW-UP: Don't be a pest. Assume they're busy. Assume they will get back in touch with you. It may take months. Three months may be reasonable. After three months it may not be un-reasonable for you to use the same method by which you got permission to Submit to contact them. Three months might be a reasonable period to expect them to have made a decision.
If they tell you they don't want to Publish your product, be courteous. You got this door open. Keep it open. Ask permission to Submit another Song, or three. You're representing your Company. Keep it 'business-like'. Don't tell them they're fools for not having 'ears' to hear your Song's potential in the marketplace. Your Company is bigger than that one Song. All your eggs aren't in that one basket. Make notes to add to your Company's file, dates, who, what, where, when, why.

SELF-PUBLISHING: You may be able to 'Market' or 'Pitch' your Song on your own, Publishing it for Artists to considaer Recording (Cutting) and Releasing to market, where it can make money for them, and the Song-Writer and Publisher.
When you join a Performance Rights Organization (PRO) they ask you to identify the Publisher. You can start your own Publishing Company through the Secretary of State in the State where you live.
What a Publisher does to earn their Publishing Royalties is get the Song in the ears of people who can take it to Market, where it can earn Song-Writing Royalties and Publishing Royalties. If you can do that yourself, you can Self-Publish. Publishing Companies may already be well-known in the industry, so when they come calling Artists and Management, Labels, Music Supervisors, industry 'consumers' of Songs, will answer their phone calls, emails, letters. If you can do it you can do it. If not, maybe you need to Contract with a Publisher who can.

SOMEONE SOLICITING YOU TO SIGN A PUBLISHING DEAL: When you Register a Song for Copyright you almost immediately get mail from Companies wanting to make 'Deals'. They have not heard your Song. They simply contact anyone who Registers, rightly assuming that you think your product has merit and market potential, money, money, money, money. If you believe in your Song enough to Register it they figure maybe you'll 'spend' or 'invest' in whatever they're selling. They may be selling Demonstration Recordings, or want to lock in for Publishing Royalties if you ever get your Song to market.
You're flattered. You think you're finally getting somewhere. Someone has heard your Song and thinks it can make money. You may be gullible. You may sign your name, your Signature Legally binding you to the terms of a Contract they wrote. Slow your roll! Think. Back when I submitted my first Copyright Registration I got the letters in snail mail within weeks. There was no way they could have heard my Melody, read or heard my Lyric, other than the material submitted for Registration. I knew they had no basis for wanting to 'do business' with me, other than their perception that I believed in my Song. Beware the Predatory Capitalist, who 'sells' you something that isn't worth what you pay for it.