Music publishing can be a very simple but very complex process. To help you understand, we have put together a general concise rundown of everything you need to know about music publishing.
Are you eligible to become a publisher?
The very first step is making sure you’re eligible to have a collection society such as BMI, ASCAP or SESAC process your application to become a music publisher. In order to be eligible, you need to have an official release or broadcast of a song you own or represent. The song might be part of a recording from a record, CD or digital release. The song can be contained in the soundtrack of a motion picture or included in a television or radio broadcast.
Create a name
Every publishing company must have a unique name, so you’ll want to be thoughtful in picking one that suits your goals. The name of this company will be your calling card when you’re pitching music to potential opportunities like radio play, TV or film placements.
Register as a business with your local government
When you open a business under a name other than your own, you need to register it as a “doing business as” or “DBA” name with your local city or county government. This will enable you to open a business banking account and be assigned a Federal Tax ID number, among other things.
You’ll have several options as to which type of business you’re registering. Typical options include sole proprietorship, partnership, or corporation.
Open up a business banking account
As a registered business, you’ll need to pay taxes on your income. In order to stay on top of your finances and account for your taxes properly—as well as making sure you’re receiving all the earnings you’re entitled to—you’ll want to have an account dedicated just to your publishing business.
Choose a PRO and submit your application as a publisher
You’ll need to join one of the collection societies (sometimes known as Performing Rights Organizations) as a music publisher; if you’re already affiliated with a collection society as a songwriter, you’ll want to choose the same collection society. If you’re not yet affiliated, take some time to familiarize yourself with your options. ASCAP and BMI are the major PROs in the United States; SESAC is only open by invitation.
Register your company’s songs with the Copyright Office
If someone infringes upon your musical work you’ll have better legal protection if your songs were copyrighted. You’ll need to contact the U.S. Copyright Office to register; this can also be done online and typically takes a few months to process. If you have already copyrighted songs in your own name, you’ll need to transfer those rights to your publishing company.
Register with the Harry Fox Agency
The final step is to contact the Harry Fox Agency (HFA) and register as a publisher. This is done in addition to registering with a collection society. The difference is that HFA issues and collects royalties from mechanical licenses—used on CDs, records, tapes and streaming—as opposed to performance royalties.
Summary
After your music is mixed and mastered you will have to secure distribution. The type of distribution is up to you and your finances. A big time online distribution company will send your music everywhere it matters but they will administer your publishing rights which is not always a bad thing if you are promoting singles. Sometimes you want a big time distribution company to do all the leg work for you. But most of the time the true independent artist/publisher wants to do the leg work themselves and administer their own publishing rights.
Collecting royalties is what music publishing is all about! Sounds great, sounds easy doesn’t it? … right.
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