Pete and Pat Luboff are the authors of "88
Songwriting Wrongs & How to Write Them," and have been
conducting songwriting workshops all over the country for
more than 20 years. Visit their site for info on their services,
songwriting and other interesting links, and regularly updated
tips for songwriters. http://www.writesongs.com/
Publishers
and producers are people you pursue with demos in the hopes
they will show an interest in using your songs. If a publisher
is interested, he or she will most likely offer you a single
song contract. What to do?
Express interest in a businesslike way. Accept the contract
with thanks and let them know you'll get back to them about
it as soon as you've discussed it with your attorney.
Beware of anyone who reacts negatively to this. Beware of
anyone who says, "But it's just a standard contract." We've
seen those words on the tops of contracts varying in length
from 2 to 20 pages.
Ask the publisher about the size and history of the company.
Are there staff writers? What songs have they published?
What do they have in mind for your song? Be wary of anyone
who reacts defensively or evasively to these questions.
If they offer you a contract for a large group of songs,
don't sign it. You don't want your songs on a stockpile
of unpromoted copyrights. If you feel a relationship with
the publisher could be valuable to you, counter with an
offer to sign two or three songs and see how hard they work
for you.
Look on this event as an educational experience. Read the
contract yourself first so you can ask specific questions
about its contents. Bring the contract to a music business
attorney and discuss the contract until you thoroughly understand
it.
Two of the main issues to look for in your contract: 1)
Make sure the copyrights revert to you in a specified amount
of time if the publisher does not obtain a commercial recording
and release. 2) Make sure the songs do not cross-collateralize.
Cross-collateralization means your income from all the songs
they publish can be stopped if one of the songs gets involved
in litigation.
Let the lawyer do any negotiating for you. They're good
at it and you are good at writing songs.
People
who pursue you by direct mail or advertising promising
publication or record release for a fee are to be avoided
completely. That's not how it's done in the legitimate
music business.
