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Are there different types of music publishers?

Yes, there are three basic, different types of music publishers. Just as with record companies, music publishing companies vary in their sizes, services, and structures. The three types of publishers are: (1) ‘majors’, (2) “mini-majors’, and (3) ‘independents’ (or ‘indies’).

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Who owns a band’s name?

A band name may be owned by the members or by whoever has taken the band under contract. Ownership of a band’s name depends largely on whether there is an informal or formal arrangement in place, and what those agreements consist of. If the name is owned by contracting parties, then the producer, the manager, or sometimes the record company itself will own the name. Of course, if the band members themselves want to retain ownership, it is always preferable to get this and other band issues agreed upon in writing. A formal band agreement that defines ownership for all band members, past, present, and future, will minimize confusion.

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How much do music publishers get paid?

Discussion of the percentages music publishers are paid for various forms of music income. In exchange for a typical co-publishing deal, the music publisher is traditionally paid 50% of the “publisher’s share” of all royalty Income, which is income from mechanical and synchronization royalties.

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What is a publishing agreement?

Description of music publishing agreement between a music publishing company and a song writer. A music publishing agreement is a copyright contact that a song writer signs with a music publishing company. Per this publishing agreement, a publisher is assigned certain designated copyrights.

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Can a band use a name that is already trademarked?

Rarely, a band may use a trademarked name. For example, a mark that is primarily a surname does not usually qualify for protection under federal trademark provisions, unless the surname becomes well-known or acquires a ‘secondary’ meaning. Sometimes, a trademarked name can also be challenged and defeated if it is too broad. However, if a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others, regardless of its trademarked status. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.

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