Music publisher (popular music)
A music publisher is the company of a music publisher. Music publishers disseminate works of music. You can ( e- publishing ) are divided into publishers of popular music (U - publishers ) and publishers of serious music. E- publishers generate the majority of their revenues from music printing and paper business ( music ). Compared with U- publishers to achieve a much larger share revenues from the exploitation of their music in radio, TV, advertising, film and on stage (so-called performance rights ) or by donations of phonogram producers (called mechanical rights ). Meanwhile add up also Revenues from new media such as ringtones, online music, and music in computer games.
With around 7,000 new and annually about 300,000 in total available in the scores (as of 2009), the publishers generate around 630 million euros annually. This in industry jargon securities business constitutes about 15 percent of total revenues. The large residual play the note issues about performances in radio, television, Internet, theaters or advertising. The users expect on the GEMA copyright payments proportionately to still copyrighted composers or their heirs, and secondly to the relevant publishers who publish the works from. Thus, the note book publishers significantly differ from others: Orchestra need music notes - also called Sheet Music - for performances. Products from other publishers are in comparison much less common as a theater piece, the radio, etc.. They are economically independent from the temporary copyright protection.
The world's largest music publisher to 2006 ( in the areas of Pop / Rock / Hip- Hop ) The EMI Group ( until 1972 Francis, Day & Hunter). With the purchase of BMG Music Publishing Verlag in 2006 by the Universal Music Group Universal Music Publishing Group became the world's largest music publisher in 2007. With more than 300,000 music tracks in the catalog Peer Music Inc. is now the world's largest remaining privately owned music publisher. The most important music publishing Austria is the Universal Edition in Vienna. The World's Largest claims to international classical music publisher is Boosey & Hawkes.
The major record corporations (Sony BMG, Universal, EMI and Warner ) have their own music publishers, they had mostly acquired by purchase from private owners publisher. Also, many smaller labels are increasingly over to their label to affiliate a publisher to allow flow back parts of the revenue in the marketing of the label. Music publishers otherwise, constitute an important part of the value chain in the music industry.
The interest organization of the German music publishers of the German Music Publishers' Association
2010, the Frankfurt Musikmesse later. So the publishers came in March for the first time at the Leipzig Book Fair.
The most significant in terms of quality and quantity of archival tradition of music publishers in the German room is located in Saxony State Archives, State Archives Leipzig. It includes over 700 linear meters of total volume archives from the period 1800 to 1990 and documents the activities of important national and international publishers such as Breitkopf & Härtel, CF Peters and German VEB Verlag für Musik.
- 2.2.1 artist contract
- 2.2.2 producer's contract
- 2.2.3 Volume Acquisition Agreement
- 2.2.4 Label Contract
Sheet Music on the Internet
Over the spread of the Internet new forms of distribution of music notes emerged.
Online music publishers no longer act with printed paper, but make the graphics as a file.
Paid filesharing collect works on music libraries provide customers a fee to access.
With Free Sheet Music is an international movement of musicians, choir directors, conductors and musicologists who digitize public domain music and offer free on the Internet.
Advantages of digital sheet music:
- The cost of printing, warehousing and distribution accounts.
- The notes are therefore inexpensive or even free
- The files can be updated constantly
Contracts in the publishing
Contracts in publishing are often subdivided into three categories: contracts relating to the relationship with other institutions and individuals, so-called standard contracts, agreements on copyright and all other contracts. The below related names for the individual contracts are not legally enshrined, are each a contract sui generis.
Music publishing contract
Basis of all contracts in the publishing house is the music publishing contract that imposes as an exchange contract both sides, both the publisher and the author, main and ancillary duties. This often designed in the form that the author is obliged to deliver a finished, print-ready musical work and to transfer its use and exploitation rights under the Copyright Act to the Publisher perception. The publisher is obliged to publish the work. According to § 6 of the Copyright Act This means the making available of the work with respect to an indefinite public. The publisher is obliged to give to exploit the work and the resulting revenue be settled properly and according to the contract. As a rule, are authors and publisher members of GEMA or the relevant national competent collecting society. Rights pursuant to § § 16-22 of the Copyright Act are initially perceived by the collecting societies.
Author exclusive contract
A continuation of the music publishing contract represents the author's exclusive contract, which authors and publishers for future works binds them together. By signing an exclusive contract author, the publisher can pursue two motivations: either the Publisher will his confidence in the talents of an unknown artist and would like this, back up over a longer period, usually about 3 to 5 years. The provisions of § 40 of the copyright law that allows for termination after 5 years, can not be overridden with an author exclusive contract. The rights of all works that are created during this period by the artist, generally remain for the entire duration of the protection period in publishing. Or, the publisher wants to tie a already successful artist per se or shopping. This is often achieved with an advance payment, which is calculated based on previous successes of the author or the expected revenue. The contracts extend generally always as long as there are still outstanding advances at the expense of the author. For this purpose, the so-called rolling advances (current prepayments) are often combined with a minimum contribution requirement. A notice on the part of the artist is linked to a repayment of the outstanding advance payments. During the contract period, the author is not permitted without the consent of his exclusive publisher to enter into agreements with other publishers or grant the use of his rights against third parties. With the conclusion of an author exclusive contract is often also the acquisition of existing plants connected to the exclusive contract. Altwerke must be bought then usually another publisher.
Co- publishing agreement
The basis for the cooperation of several publishers forms of co- publishing agreement. It regulates the relationship between two or more publishers, together lay the a work or a variety of works. Through the co- publishing agreement is held, which the publishers involved is responsible for the evaluation of certain rights, who may pausing the lead and how to proceed against infringements.
Similar to the co-publishing agreement, designed the so-called Edition contract which governs the relationship between a publisher and a non -Verlag, often an author. The contract provides for the artist Edition thus so another source of income, since he also participates in the direct evaluation of the rights of his works on the preservation of rolling out advances. As between the parties behave similar to a general partnership, in external relations a so-called Edition is registered with GEMA, which is located under the umbrella of the publishing house and has its own edition number.
In contrast to the co- publishing agreement and contract Edition no exploitation rights to other publishers or persons shall be assigned the administration agreement. Through the Administration Agreement, only the management of a publishing house or a plant catalog is transferred to a different publisher. The Administration publisher receives the powers to exercise all the rights and the collection of all revenues. However, for this work, he only gets a commission, which typically does not exceed 10 percent of the revenue at the time. What is exactly defined as revenue also regulates the Administration Agreement.
Modeled on him is the Subverlagsvertrag, what could be called as an administration contract for abroad. Through it transmits a publishing his rights to foreign perceptions to a resident publisher. The advantage lies in the direct care of the works in the relevant place. The care could be perceived by a foreign society, however, the distribution would take place at the original publisher according to a predetermined distribution plan. Without sub-publishers, the funds are then forwarded through reciprocal agreements between the international collecting societies to the original publisher after deduction of a foreign commission of about 20 percent. An endeavor that from Germany for markets such as Japan or the United States is hard to imagine, for example, or some time would take. For this reason, all major publishers in almost every country now their own sister companies, whereby even the Subverlegeranteil remains in the assets of the Group.
Contracts for Performance Rights
The following contracts are only relevant if the music publisher is a working Verlag, otherwise you will typically just not completed by record companies and music publishers.
Performance Rights secure, among other things, the legal status of performers, so those who do not create a work, but recite, perform, arrange or import.
A central role under the contracts for performance rights, the artist plays the contract. It regulates the relationship between the artist, who must be the author does not necessarily mean and publishing. The boundaries for music publishing contract seem fluent, they are not, however, one is first on the legal difference between an author and an artist aware of. While it is the securing of intellectual property by the publisher with the music publishing contract, the artist treaty aims directly to eg physical import of a piece, just a performance. In return, the artist receives the contractual and statutory remuneration due to him. Often these contracts are tailored to a specific title, a certain number of tracks or for a fixed term. Depending on which it may therefore be a title exclusivity or a personal exclusivity. In the former, the artist must in an agreed period with no other contractors import the same title. The personal exclusivity leads further and limited the achievements of the artist over a defined period to a single contractor, regardless of the title. In addition, the artist usually also committed to participate in concerts and performances of all kinds, such as promotional dates. Rights to personal marketing can also be assigned, are often hereof naming rights and the right to their own image affected (especially for merchandising purposes).
In addition to the artist is the producer of a work of crucial importance. His task is for example in arranging and coordinating the shots and sequences Box. He is involved in all steps in the preparation of the final piece of music, from the first import of an instrument to completion of the master tape. As a rule, he will sign with the record companies a contract on his achievements as a sound director, called the producer's contract. He thus, similarly to the artist, his achievements to the exclusive evaluation the manufacturer.
Band transfer agreement
The producer also has the ability to produce a work in complete independently. All necessary for the production of the finished master tapes rights and artistic performances must be pre-financed by him. The final result of his work is sold to a publisher, record producer or distributor, provided, of course, the producer finds a buyer. This process is controlled tape transfer agreement. Usually choose only established stars this type of contract, since the ( then small ) risk of financial miscarriage is to be borne, but higher sale investments are made .
A special role among the contracts for performance rights does the label deal, which is really just a concession on the part of the publisher. With the label deal the artist or producer is allowed to leave spread his performances and achievements under their own label. On the one hand established musicians like to take this opportunity to publish their products under their own name. On the other hand, this method is often used in conjunction with so-called major labels and relatively independent artists, because want to avoid both the publisher and the artist that the performances are judged by the audience as inauthentic when the music is published by a mainstream label. With the completion of a label contract productions can therefore be placed under the guise of an independently acting labels, with the rights to the manufacturing, distribution and evaluation are still for the most part the major label.
For other contracts, which were not mentioned in the category of standard contracts and contracts for performance rights, it is usually supplementary to or continuations of existing contracts.
A classic contract that expands the rights of the publisher, the merchandising contract. The publisher gained personal rights of the artist, such as naming rights or the right to their own image. The difference to the artist contract is that the merchandising contract, the rights are used explicitly and exclusively for the evaluation of merchandising.
Other contracts are for example the contract with a management stint contracts and touring contracts.