Terms To Look Out For In A Publishing Contract

Publishing is the process of making information available to the public. This can include printed materials like books, newspapers, and magazines, as well as digital contents like websites, ebooks, and social media posts. 

A publishing agreement is a legal contract between an Artist and a publisher that outlines the rights and responsibilities of both parties involved in the publication of a musical work. It typically covers aspects like publishing rights, how the Artist will be compensated for their work etc.

It's important for authors to understand the terms of a publishing agreement before signing, as it can impact their creative control and future earnings. Some of the terms to put into consideration include:

Term Length:
This refers to the duration of the agreement, typically in years.

Exclusivity:
This determines whether the publisher has the sole right to license your music (exclusive) or if you can license it elsewhere (non-exclusive).

Territory:
This specifies the geographical area where the publisher can license your music (e.g., worldwide, specific countries).

Catalog Scope:
This outlines which of your compositions the publisher has rights to (entire catalog or selected works).

Collection Period:
This is the timeframe after the contract ends where the publisher can still collect royalties from previously secured licenses. This is relevant for delayed payouts, like when your music is used in a TV show that airs after the contract expires. (Consider including a specific timeframe, e.g., 2-3 years).

Payment Schedule:
Similar to a CMO (Collective Management Organization), royalty payments might not be immediate. This section should detail the frequency of royalty statements and payments (e.g., bi-annual or quarterly).

Retention Period (Co-Publishing Only):
In co-publishing deals, this clause specifies how long the publisher can retain administrative control of your music after the agreement ends. This is often based on the effort they invested in promoting your work.

Royalty Rates:

This is crucial; understand the royalty percentages you'll receive for different types of uses (e.g., streaming, downloads, physical sales).

Termination Clause:
This outlines the conditions under which you or the publisher can terminate the contract.

Warranties and Indemnification:
This clarifies who is responsible for legal issues arising from your music (e.g., copyright infringement).

Governing Law & Dispute Resolution:
This determines the law applicable to the contractual relationship and how disputes are to be resolved between the parties.