Co-Publishing And Participation Agreements: Many authors are able to negotiate co-publication or participation agreements with their music publishers. Under the co-publishing agreement, the songwriter owns the copyright to his songs (usually through a 100% company). and receives a portion of the publisher`s share in revenue (usually 50%) In addition to the songwriter. Under the participation agreement, the author participates in the publisher`s income which is similar to the co-publication agreement, but does not become a co-owner of the copyright. a. The publisher ensures that the composition is “used” within twenty-four (24) months from the date of this agreement. “Use” is defined as: progress can be structured in different ways depending on whether the author is a singer-songwriter. With a well-established songwriter who controls his own catalogue, past revenues can be used as an indicator of how advance amounts are determined. As a publisher, you want the advance to be large enough to encourage the author to sign with your company, without too much risk that the money will not be repaid. Analyzing past earnings is a method of determining future salary, but you must ensure that an abnormally high one-time fee is included in your calculations.
(2) Exclusive Song Writer Agreement (“ESWA”) / “Publishing Deal”: Under the ESWA or “Staff Writer” contract, the songwriter generally awards the music publisher the total share of the lyricist in the revenue. The author`s services are exclusively intended for music publishers for a certain period of time. Thus, all compositions written during this period belong to the music publishing house. These offers are usually offered to writers with some degree of success. Since the author has a track record in writing hits, the publishing house is confident that it will recover its investment. In return for signing exclusive rights for some or all of the author`s songs, the author receives a negotiated advance on future royalties from the publishing house. The amount of the advance depends, of course, on the writer`s bargaining power and, if so, on the competition in the market. As part of a collaborative-scribe agreement, the author is paid weekly or quarterly. An ESWA may be either linked to a data recording contract or independent of a registration contract.  For established authors, most agreements are published with this, the main publishing house and the songwriter`s publishing house retaining the copyright on all compositions based on 50/50. From time to time, if there are compositions already recorded and published in the author`s catalogue, they can only be managed by the main publisher (the songwriter retains the full copyright), but in most cases the catalogue is controlled on the same basis as the newly written compositions. But, as in all areas, it is a question of bargaining power and negotiation.
The right of the songwriter to authorize the use of his compositions is an important area of negotiation between the music publisher and the songwriter`s lawyer. The extreme positions are on the one hand the music publisher, who has total control of the way and person who are licensed, and on the other, the songwriter who has total consent on all uses of his compositions. In most cases, the final solution to these two different positions lies somewhere between the two extremes. For example, a publisher may agree to give a songwriter permission to use a composition in an advertisement or film rated “NC-17” and reserves the right to license the composition for a television series or film other than NC-17.