The Role of Music Publishers and Labels
Once you enter into an exclusive recording and/or publisher deal, your label and publisher will negotiate sync and master use licenses on your behalf. The split is generally 50% payable to the label and 25% to 50% payable to the publisher after recoupment of any advances (including, in the case of a label, recording costs) that they paid you.
Reps and Licensing Agents
If you are familiar with the “sync business” you know that there are many companies, such as Pump Audio, that may be willing to represent your music for sync placements. Some are more selective than others, and some are more proactive in shopping your music than others. For instance, music libraries such as APM Music (Associated Production Music Inc.) have steady clients such as cable networks and ad agencies that continually scan the library’s collection for interstitial or background music. The reps’ fees vary from 65% in the case of Pump Audio all the way down to 20% or less, if a rep really loves your music.
The biggest controversy in the sync licensing business is the exclusive vs. non-exclusive issue. The best argument to let a rep have exclusive rights is that they may be more motivated to shop your music. The best argument in support of non-exclusive is an exclusive rep may lose interest in your music and let it sit on a shelf for the duration of the agreement. The primary differences between a rep and a publisher are: reps rarely pay you an advance, but rep deals are usually limited to the song or tracks you wish them to present. Standard publishing agreements cover any songs you create during the term of the agreement.
STEVE GORDON is an entertainment attorney with over 25 years of experience, including 10 years as Director of Business Affairs/Video for Sony Music. He is also the author of The Future of Music, fourth edition (Hal Leonard Books). See stevegordonlaw.com.
