Need advice on publishing offers

[Drummerbones]

I have a bit of a problem, though it's a great problem to have. I recently sent out about 40 demo packages to country music publishing companies. In a week I've received maybe half a dozen rejections (of course), a few tentative interests, and offers for publishing contracts on two of my songs so far. It's only been a short while and there are about 30 companies that have not yet replied, though I realize not all of them will. Anyway, the questions is what do I do? Some of the publishers on the top of my list (the criteria being past success in having songs placed, access to major artists etc.) state that they sometimes don't reply for 1 or 2 months, sometimes longer. I have offers on the table right now, but I assume they won't wait forever...strike while the iron is hot kinda thing. The bigger companies with more connections are less likely to push my songs due to their giant catalog, as opposed to a smaller company that knows me by name and will work their ass off...it's a catch 22. Any words of advice from those of you who've been down this road before?

Thanks

[mikeh]

I have been down that road. Naturally, there is no "right" answer. A publisher is only as good as it's ability to get songs into the hands of people who can do something with them.

To me, a publishing catalog is nothing more than a library with a lot of stories on the shelves. If it a respected library, in a key area (LA, Nashville, etc.) there is a better chance people will go to the library to look for the stories. That is the library (publisher), I would want my stories to be. Naturally, once a song is actually recorded, there is no assurance that it will make it to the final 12-16 songs used on the "record" and then there is no assurance the record will actually sell. - But being published is still the first required step!

However, in addition to the publisher's ability to actually place songs - you must also consider what the contractual terms are. What percent of the revenue does the publisher get? (50% is common). Do you maintain control of the copyright? How long does the publisher have use of your songs? Is it exclusive use of the song?

Bottom line, in my opinion, it is better to be publish than not published - and if possible it is better to be published with a house that can actually place your material. Once those criteria are met, then it is best to work with a publisher who has the least oppressive contract.

Make very, very, very sure you understand the contract (whoever you choose to go with). Publishing contracts are very complex legal documents which are always very one side (in the favor of the publisher). Once you sign, you will be locked in for the term on the contract (which is often very long term). You want some escape clause (if possible) to allow you to "re-claim" your materail if the publisher does nothing with it after x months.

Sadly, when starting you may have little leverage - although if you have multiple offers, perhaps you do have some leverage. I do agree that you do want to act quickly - the music business is not loyal and the publisher who is interested in you today could cool off tomorrow. It is very much a "what have you done for me lately" business relationship.

Good luck!!!!!

[Rat Lizards]

Hire a good entertainment lawyer.

[Nicole_Rose]

Originally Posted by Rat Lizards

Hire a good entertainment lawyer.

+10

you need professional advice, not only in determining how long you can hold off on answering the offers but on what kind of deal you can accept and interpretation of the contracts and etc.

[Drummerbones]

Actually, one of my responsibilities at my day job is contracts manager. I negotiate agreements every day and am well-versed in contract law, though I do recognize that the music industry is not like any other contractual situation. I don't see how hiring an attorney will help me decide how long I should wait before I cut a deal. I appreciate the advice.

[mikeh]

Drummerbones,

My day gig requires me to read and write a lot of contract/agreements, I've worked a lot with attorneys and have a much better than average understanding of contract law - but the publishing agreements I've worked with make most contracts seem like reading The Cat In A Hat

If you are comfortable interpreting the publishing contracts on your own (I've always handled mine without legal advice) - then you may be fine. But read the contract very carefully - the items that I mentioned in my first post are often buried in legal doublespeak and you really have to cross reference one sub-section against others to understand the ramifications.

[DAS19]

Originally Posted by Rat Lizards

Hire a good entertainment lawyer.

I was gonna say hire a good music lawyer and make sure if they dont use your songs in x number of months the contract breaks or something like that.

[Drummerbones]

Yeah, I definitely will be putting a term limit on these deals if I chose to take them. One of them is requesting 3 years, another 2 years! They must really try to sucker newbies. As far as I'm concerned, if they can't get their industry contacts to listen to a song and get a yes or no in 6 to 12 months, they never will. This process is very exciting, and a bit nerve-racking at the same time.

[Nicole_Rose]

Originally Posted by DAS19

I was gonna say hire a good music lawyer and make sure if they dont use your songs in x number of months the contract breaks or something like that.

that's called a reversion clause and it's usually for 1 -2 years. but a reversion with a bumper would be better.

[DAS19]

Originally Posted by Drummerbones

Yeah, I definitely will be putting a term limit on these deals if I chose to take them. One of them is requesting 3 years, another 2 years! They must really try to sucker newbies. As far as I'm concerned, if they can't get their industry contacts to listen to a song and get a yes or no in 6 to 12 months, they never will. This process is very exciting, and a bit nerve-racking at the same time.

Hey just always remember you can always write new songs! At least your not Brian Wilson and your dad sold all of your rights for millions and millions less of what they were worth and could be profited on if they kept the copyrights.