Should Music Artists and Songwriters Retain, Give Away, or Fight to Get Their Publishing Rights Back?

Music artists and songwriters, are you wondering whether you should retain, give away, or fight to get your publishing rights back? In this article, we explore the pros and cons of each option and help you make the best decision for your career.

Q + AMUSIC BUSINESSCOPYRIGHT LAW

Graham Settleman

9/5/20233 min read

a man with a microphone
a man with a microphone

Why Should Music Artists and Songwriters Retain Their Publishing Rights?

Music publishing rights are the rights to control the use of a song's composition, including the right to reproduce, distribute, perform, and display the song. These rights can be very valuable, as they can generate significant income for the songwriter over the lifetime of the song.


There are several reasons why music artists and songwriters should retain their publishing rights. First, it gives them more control over their music. When a songwriter owns their publishing rights, they have the final say on how their songs are used. This includes the right to approve or reject any use of the song, such as licensing it for a commercial or film, or sampling it in another song.


Second, retaining publishing rights can help to ensure that songwriters are properly compensated for the use of their songs. When a songwriter owns their publishing rights, they receive a share of all royalties generated by the song, including performance royalties, mechanical royalties, and synchronisation royalties. This can be a significant source of income, especially for songs that become popular.


Third, retaining publishing rights can help to protect songwriters' creative control. When a songwriter owns their publishing rights, they have the right to prevent anyone from making unauthorised changes to their songs. This can be important for protecting the songwriter's artistic vision.

Why Should Music Artists and Songwriters Give Away Their Publishing Rights?

There are also some reasons why music artists and songwriters might choose to give away their publishing rights. One reason is that they may need the money upfront. When a songwriter signs a publishing deal, they typically receive an advance payment from the publisher. This money can be used to cover the songwriter's expenses, such as recording costs or touring costs.


Another reason why a songwriter might give away their publishing rights is that they may not have the time or expertise to manage their own publishing. Music publishers have teams of professionals who can help to promote and exploit songs, which can be a valuable service for songwriters who do not have the resources to do this themselves.

Why Should Music Artists and Songwriters Fight to Get Their Publishing Rights Back?

In recent years, there has been a trend of music artists and songwriters fighting to get their publishing rights back from the publishers who own them. There are several reasons why artists might do this.


One reason is that they may feel that they were not fairly compensated for their songs when they signed their original publishing deal. Another reason is that they may want to have more control over how their songs are used. And finally, some artists may simply want to own their own work.


There are a number of ways for music artists and songwriters to get their publishing rights back. One way is to negotiate with the publisher to buy back the rights. Another way is to file a lawsuit against the publisher, alleging that the publishing deal was unfair or that the publisher has breached the terms of the deal.

Conclusion

The decision of whether to retain, give away, or fight to get back publishing rights is a complex one that should be made on a case-by-case basis. There are many factors to consider, such as the songwriter's financial situation, their level of experience, and their goals for their career. Ultimately, the best decision for the songwriter will depend on their individual circumstances.


I hope this article has been helpful in providing some information about the pros and cons of retaining, giving away, or fighting to get back publishing rights. If you are a music artist or songwriter, I encourage you to do your research and make the decision that is best for you.

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