Frequently Asked Questions

Music publishing is the exploitation and collection of royalties from the intellectual property rights (i.e. the rights given to a person over the creations of their minds) of lyrics and music.

Music publishing is important to songwriters because it is where they earn most of their money; because every time a  song is streamed, broadcast or played out in public, or downloaded, it generates royalties.

A music publisher represents publishing rights of songwriters or composers; by administering copyrights, licensing songs to record companies (and others such as film and TV companies) and collecting the royalties.

Record companies deal with master (sound) rights, which are copyrights that are linked to the recording of a work by an artist, whereas a music publisher deals with the songwriter and song itself.

The key income streams and royalties for songwriters and composers are:

• Performing Rights – when songs are broadcast or performed in public, including streaming, broadcast on TV or radio or being played live
• Mechanical Income – from songs/music being reproduced in any form including CD, vinyl, streaming or digitally
• Synchronisation – when music is married to a visual images; as in TV, films, adverts and games
• Print Rights – when lyrics are published in magazines and books and when sheet music is sold

Music copyright designates legal ownership (including specific rights) of a musical composition or sound recording.

Copyright of a musical work begins automatically once a piece of music is created and documented or recorded. In the UK, this is detailed in the Copyright, Designs and Patents Act 1988.

– Source: prsformusic.com

Music copyrights are created automatically at the point of creation in a tangible form such as a recording or sheet music.

In the UK, under the Copyright, Designs and Patents Act 1988 as the owner of your work’s copyright, you have the sole authority to:

• copy the music
• issue, lend or rent copies to the public
• perform, show or play the music in public
• communicate the music to the public (i.e. broadcasting it via TV, radio, internet etc.)

–  Source: prsformusic.com

In the UK, copyright lasts for a period of 70 years from the end of the calendar year in which the author dies. If the music originates from outside the European Economic Area (EEA), the copyright lasts for as long as the music is protected by copyright in its country of origin, provided that this does not exceed 70 years.

– Source: prsformusic.com

Copyright infringement is a very serious matter and it occurs when you use a copyrighted work without the copyright owner(s) permission.

Therefore the best and safest way to avoid copyright infringement is simply not to use anything created by someone else.!

Although they are very different, in today’s streaming dominated music business these two types of publishing royalties are often mixed up, probably because both performance and mechanical royalties are generated when a user streams a track.

Performance royalties are generated when a song is broadcast or played in public (including radio, TV and streaming) whereas mechanical royalties are paid for the right to reproduce a song (including via CD, vinyl, streaming and downloads).

Commonly referred to as PROs, Performing Rights Organisations are worldwide organisation that collect performance royalties (the income generated for the copyright holder whenever a composition is performed publicly) on behalf of composers, songwriters and music publishers.

For an example, in the UK, the PRO is the Performing Right Society (PRS); in the US they have The American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC; in South Africa, they have the Southern African Music Rights Organisation (SAMRO); in Ireland they have The Irish Music Rights Organisation (IMRO) and in Ghana they have The Ghana Music Rights Organization (GHAMRO).

Synchronisation (or sync as it is commonly known) is a process for monetising music by combining it to moving pictures; for example in films, adverts, TV series, and video games.

If you’ve not received performing royalties that you were expecting, you can make a claim under PRS’ rules for unpaid distributions for performances of your music in the following:

• radio broadcasts
• radio idents
• TV programmes
• TV idents
• TV commercials
• online
• live events
• cinema

Unfortunately, if it’s been longer than three years since you believe you should have been paid, we can’t look into the claim for the unpaid distribution.

However, you have up to six years to claim mechanical royalties for music used in recorded media, such as on a CD or DVD.

If you haven’t been a member that long, you can claim as far back as your official start date. Before that date, we weren’t legally representing your rights, so can’t collect any money.

– Source: prsformusic.com

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This is very much up to the writing contributors for any given work who should agree percentages at the time of writing. Very often this is split 50/50 between the musical component and the lyrical/melody component. However, it can be anything you decide so long as all parties agree.

To allow a publisher to fully exploit and monetise your work, you should ensure you have:

1. Song Split Sheet
2. Written lyrics
3. Signed agreements with any featured singers or musicians
4. Details of the copyright owners