Music Publishing Explained

What it Is and How it Works

Feb 04, 2025

(TL;DR at the bottom)

Opening Statement

This article began as a piece on royalties, but the outline kept veering off to the topic of publishing, so let’s follow that path. The purpose of this article is to introduce readers to music publishing in an effort to establish a foundation for future discussions on royalties.

Music publishers play a crucial role in ensuring that certain types of royalties are collected and properly distributed. While there are several types of royalties (which we’ll cover in the next article), understanding the basics of music publishing first will make that discussion much clearer. One of the key takeaways from this article is that when we talk about music publishing, we are only talking about the publishing of the song composition (not of the recording of the song) - don’t worry, I’ll recap that distinction in the next section.

The format of this article is as follows: First, we’ll rewind a little to reiterate some important concepts from prior articles that are necessary to understand before we dive deeper. Second, we’ll define some terms like, “Music Publisher,” “Publishing Rights,” “Advances,” and “Publishing Deals.” Third, we’ll go through the most common types of publishing deals. And, fourth, we’ll go over what artists should consider when deciding whether to sign with a music publisher and under what type of arrangement. Highlighted throughout will be suggestions of when you’ll want an attorney involved to make sure you don’t get taken advantage of. Attorneys’ fees for reviewing and/or negotiating a publishing deal on your behalf are pennies compared to their fees for trying to get you out of a bad deal.

As always, underlined terms are links that will shoot you to specific sections of prior relevant articles.

Rewind

Before we start connecting the dots, let’s do a quick refresher on a key concept from a prior article that is crucial to understanding publishing.

One Song, Two Rights

We previously covered the concept of one song, two rights concept in a previous article. The concept of one song, two rights is that one recorded song is actually two distinct parts, legally speaking. Each part is copyrightable, can have different owners, and generates separate streams of revenue. The two rights of a single recorded song are:

(a) The “composition” (also referred to as the “song”) is the song itself (the melody, lyrics, chords, structure, etc.); and
(b) The “master” (also referred to as the “sound recording”) is the actual recording of the song.

In this article, we’re only talking about the composition (the melody, lyrics, chords, etc.), not the actual recording of the song. So, think of your most recently recorded song in your mind and rip it in half. Label one half “composition,” and the other half “recording.” Toss the “recording” half aside, and hang on to just the “composition” part for the rest of this article.

Understanding the Terminology

What Is a “Music Publisher” and What Do They Do?

Let’s start super simple with the concept of publishing itself - the most basic definition of “publishing” is making something available to the public. The term “publishing” takes on additional elements depending on the context and industry in which it is used. In the music industry, “publishing” refers to the ownership, licensing, and monetization of the composition rights in a song (remember, we’re not talking about the rights in the recording of the song, which are generally controlled by the labels and performing artists).

A “music publisher” is a person or company that promotes songs and ensures that songwriters (and/or other owners of the composition copyright) receive royalties and licensing fees when their songs are played or used. The responsibilities of a music publisher can and often do include:

Registering composition copyrights with the US Copyright Office,
Registering songs with Performance Rights Organizations (PROs) and mechanical rights agencies (we’ll be writing more about PROs and mechanical rights agencies soon - they’re very interesting!),
Licensing music (permitting others to use music),
Pitching and promoting songs to labels, artists, media, etc. (i.e., getting that song played),
Tracking and collecting royalties, and
Enforcing copyrights and protecting against infringements.

Songwriters can “sign with” a music publisher or they can publish their own music.

What Are “Publishing Rights”?

“Publishing rights” refer to the ownership and control of a song’s composition copyright (remember, we’re not dealing with the recording right now). It’s all about who owns the composition copyright and who can license, reproduce, distribute, and collect royalties generated by the composition.

There are two shares of a song’s publishing rights, often called the “50/50 split”:

The writer’s share (50% of royalties) - this share belongs to the songwriter.
The publisher’s share (50% of royalties) - this share belongs to whoever owns the publishing rights. The songwriter can negotiate to retain part of this share.

If the songwriter is also the publisher, then they own both shares and receive 100% of royalties. In deals where the songwriter negotiates to keep a percentage of the publisher’s share, then the term “50/50 split” is obviously no longer applicable.

Fun fact - publishing rights are assets, and they can be inherited by your heirs. We’ll definitely get into estate planning for artists soon. For now, just know that estate planning is not just for the wealthy; everyone can and should consider it.

What Is a “Publishing Deal”?

A “publishing deal,” in the most simple terms, is a legally binding contract between a songwriter and a music publisher. Under the contract, the music publisher agrees to promote, collect, and pay royalties to the songwriter in exchange for a percentage of the earnings. Publishing deals can cover a songwriter’s entire catalog, or just certain records/releases, and even just a single song. There are several flavors of publishing deals, which we’ll break down in a minute.

It is not required to have a publishing deal to publish your music. Many independent artists also act as their own publishers. However, there are certain advantages to having a publishing deal with a music publisher (and, yes, also some disadvantages - keep reading).

Pros of a publishing deal: Since music publishers get a cut of the royalties, they should have a strong incentive to promote and make sure that your music gets played as much as possible, and they also have a vested interest in making sure the copyright in the composition is not violated. A good music publisher has the experience, knowledge, contacts, and infrastructure needed to hit the ground running and get your music out there. A great music publisher wants your music to succeed and actively utilizes its resources and contacts to increase exposure and plays.
Cons of a publishing deal: The artist has to give up a percentage of the royalties in exchange for the music publisher’s services, and loses some control over their music. For example, depending on how much control you relinquish, your song may wind up in a commercial for a company you dislike or that you don’t want your band to be associated with. You may be restricted from entering into other deals, and you can get legally locked into long-term arrangements with people or publishers that you hate.

In general, most bands that are signed to major labels also have publishing deals. Conversely, many independent artists do not have publishing deals and act as their own music publishers. There is, of course, a vast middle ground, and tons of exceptions throughout the spectrum, even at the extreme ends.

A publishing deal can either be a game-changer or a major setback for a band. A solid publishing deal can result in exposure and take your band to the next level. A bad publishing deal can hinder a band’s growth and even leave you in debt. Make sure you have adequate legal representation and guidance when approaching, negotiating, and signing a publishing deal. Always consider what you’re giving up and what you’re getting in return, and, especially, what type of companies and people you are legally tying yourself and your music to.

What Are “Advances”?

An advance, in the context of music publishing, is an up front payment from the publisher to the band or songwriter. Think of it like a loan that the publisher makes to the artist, which is repaid by royalties generated by the music being published. In most cases, the publisher keeps 100% of royalties generated by the music until the amount of the advance is repaid. At that point, the publisher will begin paying royalties to the artist pursuant to the percentages previously agreed upon in the publishing contract.

The amount of an advance depends on how well established the band or songwriter is, and how successful the music publisher thinks they will be. Advances can range from a few thousand bucks to millions of dollars.

There are many pros and cons to advances, and it’s definitely something you want to discuss with an entertainment attorney before making any commitments or signing anything.

Types of Publishing Deals

Hopefully the cons of publishing deals listed above weren’t too scary, but they’re important to consider. Let the cons simply highlight the importance of entering negotiations with some foundational knowledge and of having a good entertainment attorney on your side - the people you’re negotiating with surely will! Coming to the table with an attorney also shows the publisher that you are serious and ready to do solid business now and in the future. I’ll say it again - attorneys’ fees for negotiating a publishing deal are pennies compared to their fees for trying to get you out of a bad deal.

The good news is that there are several types of publishing deals, each with varying degrees of risks and benefits. As you read through some of the most common types of publishing deals below, think about which would work best for you. Keep in mind that publishing deals can be for your entire catalog, an album, or even a single song.

1. Full (Traditional) Publishing Deal

Under a full (traditional) publishing deal, often referred to as just a “pub deal,” or a “full pub deal,” the publisher controls 100% of the publisher’s share (so, 50% of royalties) and the songwriter controls 100% of the writer’s share (50% of royalties). The publisher is in charge of licensing, promotion, and tracking and collecting royalties.

Pros: The publisher has greater interest in promoting and pushing your music, since they get 50% of royalties.
Cons: The artist only gets 50% of royalties, and has less control over where, when, and how their music is used.

Full pub deals are the most common type of publishing deal, especially for big major label artists. It’s estimated that 30%-40% of all publishing deals are full pub deals. They can last anywhere from 3 years to the life of the copyright.

2. Co-Publishing Deal

Under a co-publishing deal, often referred to as a “co-pub deal” or even just a “co-pub,” the artist controls 100% of the writer’s share as usual, but also gets some of the publisher’s share. For example, the artist may get half of the publisher's share, and royalties are then split as follows: 75% to the artist, and 25% to the publisher. Although the publisher gets a smaller percentage of royalties, they are still responsible for licensing, promotion, and tracking and collecting royalties.

Pros: Artists receive a bigger percent of the royalties, may have more control over the use of their music, and are also still backed by a publisher who deals with administrative and some promotional responsibilities.
Cons: Publisher has less incentive to promote the song and may not go as hard with promotion, especially if they have more lucrative deals to focus on.

Co-pub deals are pretty common, especially amongst established independent artists. It’s estimated that 30%-25% of all publishing deals are co-pub deals. These deals typically last between 3 and 10 years.

3. Administration Deal

Under an administration deal, often referred to as an “admin deal,” the artist gets 100% of the writer’s share and 100% of the publisher’s share. The publisher retains no rights. So, why would a publisher agree to this? How does the publisher make a profit? The publisher merely acts as an administrator, and tracks and collects royalties in exchange for a fee (between 10%-25% of royalties collected).

Pros: The artist maintains full ownership of their music and how it’s used, and also has a publisher helping with licensing and royalty collection.
Cons: The publisher isn’t as involved (if at all) with promotion of the music.

Admin deals are often entered into by independent and DIY musicians, and comprise about 20%-25% of all publishing deals.

4. Self-Publishing

Self-publishing is deserving of its own article, but these are the broad strokes: Self-publishing isn’t really a publishing deal at all, since the word “deal” implies that there are at least two parties agreeing to something; self-publishing is more of an alternative to a publishing deal. Artists who self-publish act as their own music publisher (or they set up a business entity through which they carry out the typical music publisher duties for their music - another topic deserving of a separate article). Self-publishing is often called “keeping your pub,” or “owning your pub,” implying that the artist retains ownership of the share of publishing rights that would otherwise go to a separate music publisher under a publishing deal.

Keeping your pub allows you to receive 100% of the royalties generated by the song (remember, we’re still only talking about the composition of the song, not the recording of the song).

Pros: The artist maintains full control over the use and licensing of their music, receives 100% of royalties, and doesn’t have to be contractually bound to another person or company.
Cons: Songwriter is responsible for typical publisher duties including registering copyrights with the US Copyright Office, registering songs with PROs, licensing, tracking and royalty collection, protecting the copyright, promoting the song, and everything else under the sun.

A Hybrid Option for Self-Publishing

Keeping your pub means taking on significant administrative responsibilities (see the cons listed just above). You can, however, hire a third-party publishing admin service to take care of some of these less-than-thrilling tasks, and to make sure you aren’t missing out on royalties.

5. Other Publishing Deals

The deals listed above are just some of the most common publishing deals. There are a host of other flavors of publishing deals, which we can surely dive into later if desired by the readers. These include:

Sync-only deals - granting a publisher the right to pitch your music for TV, movies, commercials, etc. Can be exclusive (meaning you can’t work with other publishers at the same time) or non-exclusive.
Sub-publishing deals - when working with foreign publishers.
Reversionary publishing deals - where publishing rights eventually go back to the artist.
Hybrid publishing-distribution deals - all-in-one package deals for publishing, distribution, and sync pitching.
360 publishing deals - part of a “360 record deal,” in which the label collects a percentage of all revenues generated by royalties, touring, merch, etc.
Production music library deals - mostly for composers who write and sell their songs to music libraries, retaining no rights.

Things to Consider

Before signing any deals (even outside of the context of music), it’s very important that you go in with knowledge. You’ve got to know your options, what you’re giving up, what you’re receiving in return, and all of the potential drawbacks. It’s so exciting to be presented with a publishing deal, but there’s nothing wrong with slowing down and taking time to fully understand what you’re signing. This steady approach also shows the other party that you are intelligent, deliberate, and serious about the business side of the music industry.

Because publishing deals are legally binding contracts full of legal jargon and terms that, believe me, the other party is more familiar with, it’s important that you work with an experienced entertainment attorney before signing anything. The publisher likely has a good attorney on their team, and even if that attorney seems friendly and helpful, they are not your advocate and they are under no obligation to look out for your best interests. You can hire an attorney to merely review the deal and give you their feedback, or to come to the table and negotiate on your behalf.

Below are some issues you must consider (hopefully alongside your attorney) when looking into publishing deals:

What type of publishing deal best suits your current status and needs?
Are you interested in getting advances, and do you understand the pros and cons?
How much control do you want to maintain over where and how your music is used?
How long do you want the publishing deal to last?
What do other artists in your genre do? Don’t be afraid to ask around.
What are the best- and worst-case scenarios?

In addition to formal research and consultation with experts, you can also put the following prompt into ChatGPT to get your brain moving in the right direction: First, give a brief background on your band’s history, genre, location, accomplishments, and goals. Then, instruct ChatGPT to “provide a detailed checklist and a formal evaluation template for reviewing music publishing deals. The checklist should cover key areas such as ownership, royalties, rights, termination clauses, and financial terms. The template should be structured as a professional document that an artist or their representative can use to assess and negotiate a publishing agreement.”

ChatGPT and other AI are NOT sufficient substitutes for an attorney nor for more formal research, however, it’s a great resource for helping you better grasp some of the concepts and issues that you’re going to encounter, and can help you think outside the box and have more informed discussions with attorneys and publishers.

Closing Remarks

Navigating the world of music publishing is a crucial step for any songwriter or band looking to protect their compositions, maximize their earnings, and expand their reach. Whether you choose to sign with a publisher or take the independent route, understanding the different types of publishing deals, the rights involved, and the potential risks and rewards will empower you to make informed decisions. Always keep in mind that a good publishing deal can elevate your career, while a bad one can hold you back for years—so take your time, do your research, talk to other bands, and consult with a knowledgeable entertainment attorney before signing anything.

Next we’ll move on to royalties, Performance Rights Organizations (PROs), and how to prepare your band to get a publishing deal.

Share Order in the Pit

The above content is for general informational purposes only and is not intended as legal advice. While it provides insights into legal issues, it does not create an attorney-client relationship. For legal advice, please consult a licensed attorney.

TL;DR

Music publishing deals help songwriters monetize their compositions, but understanding the different types of deals, rights involved, and potential risks is essential. While a good deal can boost your career, a bad one can be costly and restrictive. Artists can either work with a publisher or self-publish, but either way, knowing your rights and consulting an entertainment attorney is key. Up next: royalties, PROs, and how to prepare your band for a publishing deal.