This week, starting from an email received from one of our readers, the Lawyer Fabio Falconalso a singer-songwriter as Pianist Indiesin his column “Tell the Lawyer“, addresses one of the most complicated and, for many emerging, unknown topics. That of music publishing.
From some temple the Lawyer Fabio Falconespecialized in Music, Discography and Copyright, deals with the uncomfortable issues of the world of discography in this column which was also born thanks to the reports and stories you tell us.
We remind you that to write to him you can send an email to info@allmusicitalia.it with the subject “Tell the lawyer”.
MUSIC EDITIONS
I received this email from Thomas and I think it concerns a topic dear to many Emerging: when to hand over the Editions.
Below is the email from Thomas.
“Hello, in congratulating you for the very interesting and courageous column I'll get to the point. Editions of my songs or those of many kids.
What are the ways, reasons and people to whom they should be given. I read everywhere, SIAE website first of all, that publishers of artists' songs are often companies or radio names, communication agencies, press offices, companies that offer different types of services but are not mainly publishers.
In my experience they have always asked me… producers to produce (for a fee) songs for me, small radio stations, producers to secure an audition for Amici di Maria De Filippi or X Factor etc etc.
I have taken blunders and setbacks and lost forever these famous editorial points which I still struggle to fully understand, as there is no information, what exactly they are and what their value or in any case their potential. Is it possible, with all the variables involved, to clarify?
Thank you,Thomas“
WHEN TO SELL MUSIC EDITIONS?
Hi Tommaso, I'll get straight to the point and try to explain it to you in the simplest way possible even if, let me start by saying, the topic is very broad and requires further investigation.
Let's start with what they are Musical Editions ?
Musical Editions refer to Copyright Rights.
The relationship between publisher And Author It therefore has as its object the ownership of the rights of economic use of the Musical Works.
So what actually happens between Author and Publisher?
The Authors of a Musical Work can transfer the Editions of the song to the Publisher so that the latter works on the Musical Work, giving it visibility and making it circulate.
The Publisher thus becomes the owner of the Musical Work and has the right to exploit it economically.
The profits deriving from the exploitation will be divided between the Publisher and the Authors.
The role of the Publisher is therefore, among others, to work on the song, publishing it, circulating it and giving it visibility.
Well, you will find dozens and dozens of excellent technical/legal explanations online that delve into the topic in more detail than I have just done and it is precisely for this reason that, otherwise, I prefer to tackle the topic by going in the opposite direction and giving you practical examples , so when you find yourself faced with a specific case, you can consult this guide.
If the guide is not enough for you, come and visit me on my website www.fabiofalcone.com
It will probably be necessary to focus more on this topic, let's get started.
FIVE TIPS
- Is it true that if I sign a recording contract with a label am I obliged to also sell the editions?
False. The Phonographic contract and the Publishing contract are completely different from each other and must be kept separate and distinct. Signing one does not oblige you to sign the other. - I paid the producer of my record. Is it true that I am also obliged to give him the editions of my songs?
False. You paid and he produced your record. This exchange of services is sufficient to identify your relationship. The sale of Edizioni would also include further counter-performances linked to his further role, that of Publisher. - It is true that I am obliged to hand over the Editions to whoever gets me an audition at a typical Talent Friends or X Factor ?
False. The role of the intermediary could be included in that of the Manager, certainly not in that of the Publisher who, as we have seen, carries out other roles. Furthermore, I advise you to alert the Talent Productions in the event that this procedure should be implemented by outsiders, as the good name of the Television Program would be at stake. - Is it true that I am forced to hand over the editions to the radio stations so that my songs can be broadcast?
False. This practice is not healthy for your music and will backfire in the long run. - Is it true that I have to give the Editions to my Digital Distributor or to the Label that distributes my songs to enter Spotify's Editorial Playlists?
False. Reflect. If it were that easy, any publication would end up in an Editorial Playlist, it would be enough to sell the Editions. It does not work like that. - Is it true that I can transfer my Authorship points in addition to the Editions? They also offered me financial compensation.
False. The moral rights of the author are inalienable. Whoever proposes to give you your Author and/or Composer points does not know the LDA (Copyright Law) or worse, does not want to respect it. Don't get involved.