{"id":6682,"date":"2019-08-19T16:02:15","date_gmt":"2019-08-19T20:02:15","guid":{"rendered":"https:\/\/splice.com\/blog\/?p=6682"},"modified":"2025-10-09T17:19:32","modified_gmt":"2025-10-09T21:19:32","slug":"experts-explain-music-publishing","status":"publish","type":"post","link":"https:\/\/splice.com\/blog\/experts-explain-music-publishing\/","title":{"rendered":"Experts explain how music publishing and licensing work"},"content":{"rendered":"
Illustration: George Wylesol<\/a><\/h6>\n

We dove head-first into music publishing to learn its inner workings and it turns out, it’s quite complex.<\/h2>\n

But we do our best to break it down for you below.<\/p>\n

In a recent article on the basics of sync licensing,<\/a> three industry-leading music supervisors agreed that if artists are interested in getting their music licensed, their best bet is to hire representation who are aligned with their values, interests, and goals.<\/p>\n

That left us wanting to know what exactly it means to find representation. So we reached out to publishers, administrators, licensing professionals, and sync agents to learn about what they do and what trends they\u2019re seeing.<\/p>\n

What is music publishing?<\/h2>\n

Starting with the basics, Keith D\u2019Arcy,<\/a> Senior Vice President of Creative Synch at Kobalt Music,<\/a> shares that there are three basic types of publishing deals:<\/p>\n

    \n
  1. Full publishing:<\/strong> A song copyright is owned 100% by the publisher.<\/li>\n
  2. Co-publishing:<\/strong> A song copyright is co-owned by the publisher and the songwriter (usually 50\/50).<\/li>\n
  3. Administration:<\/strong> 100% of the song copyright is owned by the songwriter and the publisher provides a set of specific services for an agreed upon period of time (probably the most common deal today).<\/li>\n<\/ol>\n

    Deals typically include a delivery commitment outlining how many songs are required to be written during the term of the agreement, as well as a retention period defining how long those song copyrights will remain with the publisher after they\u2019re written and released.<\/p>\n

    Sometimes a publishing deal will come with a monetary advance, which is essentially a loan from the publisher that\u2019ll usually be earned back from revenue generated by the songs in the deal. After the loan is paid back, songwriters will keep a percentage of revenues earned.<\/p>\n

    Publishers offer many services. The most prominent is A&R, which stands for Artists & Repertoire. This typically involves a publisher setting up co-writing opportunities with other successful songwriters with complementary skill sets, shopping song demos to artists looking for repertoire for upcoming releases, and offering critical feedback to help make songs more marketable (to radio, on streaming services, in synchronization, etc.). They\u2019ll also negotiate percentage splits for various songwriters involved in a project when needed.<\/p>\n

    It\u2019s worth noting that full publishing deals are rare in the pop, rock, and rhythmic music markets today. They were common in the 1950s and 1960s, but don\u2019t fit as well into the modern landscape as they once did, with the exception of some country music deals in Nashville.<\/p>\n

    The history of music publishing<\/h2>\n

    Taking a quick trip through history,<\/a> the music publishing industry started in the 1800s when classical musicians began offering their sheet music to venues for in-house artists to play. Music publishers were literally selling sheet music, operating much like how a book publisher did. Needless to say, while the greater system has evolved, the publishing industry found new roles to fill.<\/p>\n

    Today, publishers do many things the general public may not be aware of. They collect revenue generated from various uses of a song from around the globe as thoroughly as possible. Revenue sources<\/a> include public performances (when songs are played on the radio or in a venue like a club or restaurant), the streaming or purchasing of songs, and their use in film, television, video games, online content, interactive products, apps, etc.<\/p>\n

    Publishers often provide legal support for settling any disputes, claims, or conflicts related to your songs. They\u2019ll negotiate with other publishers to make sure each writer gets a fair percentage of co-written compositions.<\/p>\n

    They also pitch songs they control to music supervisors across film, television, advertising, branding, film trailers, and TV promos. These opportunities can be a significant source of revenue for songwriters, and can also expand their audience significantly.<\/p>\n

    The differences between a publisher, administrator, and sync agent<\/h2>\n

    A publisher fills some or all of the roles outlined above and can take long-term ownership of the rights to your musical compositions. However, it\u2019s uncommon for publishers to take full ownership of your composition today.<\/p>\n

    Many modern publishers (like Kobalt) offer administration deals where they don\u2019t contract for ownership of your song copyrights. Deals can be structured a variety of ways, but they often take an agreed-upon percentage of the various revenue streams generated by your song copyrights.<\/p>\n

    Some full-service publishers and sync agents with A&R functions work with songwriters on creating new material to be licensed. Most of the folks we spoke with are working primarily with catalogs of written material.<\/p>\n

    A sync agent who’s not offering full publishing services pitches your music to be used in media: TV, films, advertisements, video games, podcasts, etc. In most cases, a sync agent traditionally won\u2019t try to purchase your rights. Rather, they\u2019ll represent your compositions and\/or master recordings for sync placements, typically earning a percentage of each licensing deal.<\/p>\n

    There are sync agents who do a whole lot more than pitching. For example, Rachel Komar,<\/a> Founder of HyperExtension,<\/a> prefers to offer her clients a more holistic approach. She explains to her clients how the business works, helps them find a team, and ensures their music is ready for pitching. That involves making sure it\u2019s properly registered and of the highest quality production. This includes having all the stems, files, and instrumental versions on hand, and all the rights and percentage splits of their works sorted ahead of time.<\/p>\n

    She even helps them book shows and showcases, getting them in front of key decision makers. These services are all included in her commission. She adds, \u201cIt\u2019s important to me that artists and songwriters are educated about the business of music, so I try my best to guide them along their overall musical journeys.” This lays a lot of the groundwork for the songwriters and artists she works with. Not all sync agents go to that extent, so keep that in mind as you look for one.<\/p>\n

    What is a performing rights organization (PRO)?<\/h2>\n

    Performing rights organizations (PROs) collect royalties on behalf of the copyright holder from parties who wish to use copyrighted works publicly. According to a guide from Songtrust,<\/a> \u201cWhile PROs collect royalties for songwriters when their works are performed publicly, such as played on television and AM\/FM airwaves, through internet radio services like Pandora, at a club, inside a restaurant, or at a concert, most organizations don’t stop there. Many tackle other issues impacting their members, such as fighting music piracy and keeping up with changes to the industry that have resulted from the advent of digital music.\u201d<\/p>\n

    Often, a publisher will collect royalties from PROs on behalf of an artist. The largest PROs in the United States\u2014ASCAP, BMI, and SESAC\u2014play such a significant role in protecting the rights of artists and collecting royalties on their behalf, they warrant their own article in the future. In the meantime, you can find some info on the various streams PROs collect from in this article.<\/a><\/p>\n

    Why engage representation?<\/h2>\n

    Although it\u2019s possible to manage all of this yourself, there are quite a few notable reasons to bring on help.<\/p>\n

    1. Their networks and connections to supervisors<\/strong><\/p>\n

    In the previous article mentioned above,<\/a> we learned that when working on a project, music supervisors Chris Swanson, Tiffany Anders, and Jonathan Hecht either dig into their libraries or work directly with sync agents and publishers to find music – they don\u2019t have time to sort through artist submissions.<\/p>\n

    If you\u2019re interested in licensing your music, it\u2019s best to have an experienced and connected professional sharing your music with supervisors. These reps are on various \u201csearch lists\u201d used by music supervisors and directors to share briefs and calls for submissions.<\/p>\n

    Matt Pincus,<\/a> founder of SONGS Publishing<\/a> (acquired by Kobalt) and MUSIC (an investor of Splice) says, \u201cMost artists want a sounding board who\u2019s specialized in a particular area. It\u2019s helpful to have professionals who know the marketplace and can make connections. Plugging into a system via someone you can trust and knowing they hear you are crucial. It\u2019s less about trying to change the melody of a song and more about knowing what the artist is trying to accomplish and who might be the best person to help them get there.\u201d<\/p>\n

    2. A fresh perspective based on expertise<\/strong><\/p>\n

    Representatives offer a fresh perspective as well. D\u2019Arcy says he listens to every song his Kobalt songwriters and artists have written to generate creative ways to market those songs as individual sync offerings. With a deep knowledge of what advertisers are looking for, he can listen through the lens of opportunities an artist may never be aware of.<\/p>\n

    3. Exposure<\/strong><\/p>\n

    Sometimes a sync can break an indie artist. Komar says she\u2019s seen artists capture the attention of labels and publishers with syncs. \u201cSync agents and music supervisors are often early to \u2018discover\u2019 an artist. They can take a chance on someone who doesn\u2019t have a proven track record, whereas booking agents or labels might need to wait until an artist has more of a following or greater recognition.\u201d A sync portfolio gives artists credibility and leverage when talking to potential team members.<\/p>\n

    Komar added, \u201cThe exposure alone, especially for those not touring, can be huge. You can have so many ears on your song, maybe even more than you would on an entire U.S. tour, if you\u2019re on a show like Grey\u2019s Anatomy<\/em>, for example. A show like that has the potential of reaching millions of people who may then Shazam your song and become a supporter.\u201d<\/p>\n

    Sometimes a sync placement can put an artist on the charts. D\u2019Arcy gave the example of \u201cRenegades\u201d by X Ambassadors, which was used in a Jeep commercial and subsequently became a hit.<\/a><\/p>\n