what is a publishing deal?

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adrianplunkett

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hi

i've got a music publishing deal with mcs music. i've got no idea what it means - we haven't got the contract through yet. apparently this guy said he would give us a load of free studio time and promote our music to record companies etc for a 12 month period.

does anyone out there know anything about this company, or this situation? should i be excited?

:confused:

thanks

adrian
ps if you want to hear what the fuss is about, our demo songs are on www.soundclick.com/jonasandplunkett
 
Do you HAVE a publishing deal, or are you being OFFERED a publishing deal?

A publishing deal encompasses a lot more than I can detail here, but basically what you are doing is giving up some publishing royalties to your songs in exchange for whatever this guy is offering. Be VERY cautious before you sign the contracts, and get them checked out by a lawyer. I'm serious.
 
yeah, I agree. royalties are your income 20 years down the line . . . giving them up is a BIG decision. get an exprienced lawyer bro.
 
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Hi Adrian

I am a music publisher, licensor and consultant to Record Companies.

In very plain terms, publishing is about representation. A Publishing company will offer to 'represent' your musical composition in return for you giving away a percentage of ownership to them. That percentage is highly negotiable and depends entirely on individual circumstance.

There are really too many questions that need answering to be able to give accurate and comprehensive advice on a BB.

I don't know where you are based but if you would like to speak about this then please let me know. Perhaps send me a private message.

Perfectspace
 
Yeah the Publishing deal you described are nothing like what I have read about...

I guess the guy is giving you studio time for your publishing RIGHTS??

Or is he offering to publish your music for you under his company??

Sounds like the newest way to scam people...basically like someone else said:
"Seems like they are basically saying we'll record your music for the publishing rights"

Publishing rights is not 100% of your royalties actually about 25% or less if you don't write your own music or 0% if you don't write your own lyrics...If I remember right...

Now you said music publishing which is a whole different arena...
Music Publishing either composition of music or entire song...

I don't have to tell you if it is the ENTIRE sing you are basically signing a record deal

EDIT: You can go to the major publishers (ASCAP, BMI, SECAM sp?) YOURSELF with your own company which is what most smart musicians do today...

My advice get a lawyer to look at the contract NO MATTER WHAT!!!
 
I wouldn't be excited about or even contemplate signing any contract when, as you said, you have no idea what it means. I agree with the others who suggested you seek legal counsel on this, and I also recommend postng the terms of the contract here so we can give you more specific feedback.

Good luck with it,
Peter
 
thanks guys

i'll post the details of the contract when it comes....


adrian
 
so the contract came through.....

it's only a draft. it seems to be fairly sound, but we are awaiting legal advice.

basically, it's a contract for a term of 18 months, where we sign over all rights to our music. they are paying for us to go to a pro studio and record 12 songs and try to get us a record deal.

they pay us 70% of royalties, and IF we get a record deal they give us an advance of £20,000 (presumably on top of the advance from the record company??). in this event the contract is then extendable in yearly blocks. the advance for a new record in each year gos up...up to £100,000 if we're still making records in 5 yrs from now...

the problem is - we both have full-time careers, and so it would have to be a hefty advance for us to be prepared to take the risk...

any thoughts?

i am more than happy to email the whole contract to any interested readers...

adrian
 
do you know 70% of royalties is 70% of 100% of what the company is giving you??

This is a management deal not a music deal. Reject it. Also if they provided you the lawyer ignore what he says.

You have great music I hear.

Get a little tour together and work up a buzz, make some money and then go to the record companies...

This is an old husstle. You don't need to sell your soul for studio time/record deal anymore.

you need a fan base.

Go on tour management etc should fall in place as you get better someone will want to represent you for a decent price which is about 10-15%

these people want twice that.

If you have some time to grow don't take this. If you are desperate then do it. make sure you have the rights to renew the contract though not them.

Also you don't want to sell your rights to anyone as i said publishing alone accounts for approx. 25% of your total royalties...The devil is in the details...

Basically the deal is studio time (which they may be affiliated with/own and more than likely it is empty which means they are making money) for your future music career. win-win for them

email me the contract just cause I never seen one before emaillesw@yahoo.com
 
Adrian, I just finished reading the contract through email.

First things first:
That's some good music you blokes are putting together I like the whole Simon Garfunkel feel with modern rock twist to it...

okay here's what i got from the contract (I am not e music lawyer, matter of fct this is the first real contract I read, I read about READING contracts so there you go)

It says that you will basically have to record a 12 song album for them in a time they feel is "sufficient" they will also give you a set budget and a producer, neither you have no say in.

If you spend more than the budget in the studio they will take that out of whatever future royalties you recieve, and you won't get any royalties until they recoup.

Any songs you made before the contract is also their property.

They will then try to get you a deal with a company. If you get offered a deal on your own, they must approve the company first.

They will take 30% of your publishing royalties and 80% of 50% for performances

They will collect money for you from the record label and pay you as much as two months AFTER they get it (I don't know if this is normal, it might be) Royalties get paid every 4 months btw

This is not a contract it is an agreement which means there is a whole lot more that could be added on (depending probably on what you catch this time) This is normal. Basically this is like saying I agree to this, think of making a bid on ebay.

Darran Bennet is the only person obligated to get you guys a deal...

Also they collect 2 years after the contract expires and 15 years after they own the music

blah blah...

It depends, your lawyer should be independent and help renegotiate some of these clauses and terms in your favor.

Like I said you have great music and don't rush into anything keep getting better get smarter businesswise, etc...get a good show nice rhytm, so when you get signed you don't have to pay for development and can get paid more

What they are offering you is an A&R, Barrat (who knows how many artists he is shopping or how good he is) a producer, weeeeeee, one of those guys!! and studio time which in this day and age is pretty much worthless

If the A&R and Producer are one of the best in England find a way to make it work otherwise practice, tour, practice tour then practice some more get all the little things down pat (image, sound, etc) Don't just be as strong as a professional but be stronger and you will be able to get a really lucrative joint venture or production deal with a good label.

I am excited for you guys cause I wish I was that good. You say you have full time jobs, well if you are really serious go for it and get part time jobs and make more times for your dreams trying to make that money back with performing gigs.

Good Luck & Let us know how this drama turns out!!
Les W (NOT a music industry lawyer) :)
 
thanks les

it's very useful to have a fellow musician going through the agreement / contract. thanks for your time.

the contract is currently being looked at carefully by an experienced lawyer who we happen to know. he's advised us before and hasn't let us down. so we'll see what he says...

i'll keep you informed....watch this space!

adrian :)
 
two words of wisdom.....

Donald Passman


and best of luck to you fellows.
Joe
 
adrianplunkett said:
thanks les

it's very useful to have a fellow musician going through the agreement / contract. thanks for your time.

the contract is currently being looked at carefully by an experienced lawyer who we happen to know. he's advised us before and hasn't let us down. so we'll see what he says...

i'll keep you informed....watch this space!

adrian :)


Definitely I learned a few things thanks I wish you the best of luck man!!

joro- Donald Passman is on my bookshelf right now...All you Need to know about the Music business...along with a few others:)
 
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