Publishing contracts are complex, and the terms you agree to will affect your income and your control over your songs for years – sometimes decades.
Retention period and post-term rights
The retention period is the window during which the publisher can sign new songs you write – typically 3-5 years. But the publisher’s rights over songs signed during that period usually last much longer. Post-term collection periods of 10-15 years are common, and some deals retain rights for the life of copyright. Understand exactly how long the publisher controls each song, not just how long the deal itself runs.
Reversion clauses
Reversion clauses set conditions under which your rights return to you – after a specified number of years, once a certain earnings threshold is reached, or if the publisher fails to meet performance obligations. These are worth negotiating at the outset. Once a deal is signed, it is very difficult to add reversion terms later.
Advance recoupment and deductions
Understand how your advance is recouped: what income streams count toward recoupment, what deductions are taken before your share is calculated, and whether there is cross-collateralisation with other deals (which allows the publisher to recoup costs from one project against earnings from another). Look at the royalty calculation itself – some contracts include administration fees or other deductions that reduce your effective share below the headline percentage.
Territory and exclusivity
Most publishers seek worldwide rights. If you are offered a deal covering only certain territories, or if you want to carve out a key market (such as the US) for a separate deal, the implications for registration, collection, and commercial exploitation need careful thought. Splitting territories creates administrative complexity.
Creative and performance commitments
If the publisher is offering creative services – co-writing sessions, sync pitching, A&R development – check whether these are contractual commitments or aspirational statements. Vague promises carry no weight. Without performance obligations, a publisher can warehouse your catalogue without consequence.
Options and matching rights
Some contracts include options giving the publisher the right to extend the deal on predetermined terms, or matching rights allowing them to match any future offer you receive from another publisher. These clauses can significantly limit your negotiating freedom and should be understood before you agree to them.
Audit rights
Ensure you have the right to audit the publisher’s royalty accounting. This is standard in well-drafted contracts but occasionally absent or restricted.
Legal advice
Always seek independent legal advice before signing. A lawyer recommended by the publisher has an inherent conflict of interest. The Ivors Academy Legal Referral service connects members with industry-experienced lawyers for guidance on publishing agreements and other legal matters.
