Music publishing agreements series; (part 8) How long will I be tied to the publisher for?

The period during which the composer is required to write exclusively for the publisher is referred to as “the Term.” As in recording agreements, the term in publishing agreements is negotiable, but typically, in a new relationship, the term will often last for an initial period of one year from the date of signature. Naturally, as the relationship develops, this will be varied. Usually, the publisher will have the ability to extend the term for three or four additional one-year option periods. As with recording agreements, it is again usually the publisher’s sole decision whether to extend the duration of the agreement by exercising his options or not.

(Please note, however, that the contract term will cover the contractual relationship between the parties only, The “Rights Period,” on the other hand, covers the period in which the publisher administers the copyrights created during the term, and might be a far, far longer period, if not perpetual).

On the face of it, a new standard (full) publishing agreement’s term will usually last four or five years, if it has a one year term and three or four options. It is certainly rare for a publishing agreement to contain more than four options.

However, while this might sound simple, it is in fact not as straightforward as this. Usually, each individual period will be extended if necessary, until the writer has fulfilled his “Minimum Commitment.” The reason for this is quite simple: a publisher does not want to be forced to make a decision on whether or not to exercise an option to extend the duration of the agreement, until he has had a chance to assess the quality of the composer’s output in that current period, and its level of success in the market place. Thus, if the writer has not delivered his minimum commitment he is, by procrastinating, usually unknowingly extending the length of his publishing agreement’s term.

Ownership and exclusivity

Publishers will demand exclusive control of the composer’s output.

Exclusivity is a vital component in publishing contracts, because publishers will want to extract full value from a copyright, to the exclusion of all others. This means that the composer cannot provide his songwriting services to any other publisher/s for the entirety of the term and retention period. Exclusivity is requested because publishers aim to employ a variety of resources in promoting an artist’s songs and do not want to see others gaining from their efforts and expenditure. Artists should remember that this clause does not stop them from playing or performing with others – they just cannot write with or for anyone else without the consent of the publisher.