An Examination of the Songwriter & Music Publisher Relationship [PART 1]

[Editors Note: This is a guest blog written by Justin M. Jacobson, Esq. Justin is an entertainment and media attorney for The Jacobson Firm, P.C. in New York City. He also runs Label 55 and teaches music business at the Institute of Audio Research.]

 

UPDATE: Read Part 2 of this series here!

We will now examine the music publisher and its exclusive publishing agreement with a songwriter. In addition to the standard exclusive publishing agreement explored below, there are other types of related agreements a songwriter could potentially sign with a music publisher, including a co-publishing, sub-publishing or administration arrangement; however, these will not be explored in this article.

Music publishers, which include Sony/ATV Publishing, Universal Music Publishing and Warner Music Publishing, are companies that manage a songwriter’s rights in a track. This may be typically referred to as an “administration” right in the composition. This provides the publisher with the right to license the music to others as well as to collect payments from any third-party for their uses of the songwriter’s work. The publishing company also handles the “paperwork” associated with the composition, including registering the copyrights in the songs, indexing the track with the appropriate Performing Rights Organization, as well as accounting and distributing the collected funds. A publisher may also “shop” a songwriter’s tracks in order to obtain licensable placements for its signed talent. An individual responsible for this task is sometimes referred to as a “song plugger.”

In most instances, the songwriter and publishing company equally split all of the proverbial “publishing monies.” In reality, this means that fifty (50%) percent of the total amount earned is allotted for the “writer’s share” of the composition and the remaining fifty (50%) percent is allocated for the “publisher share” of the composition. Since a single track can have several co-writers, this means that several publishing companies and other individuals may also be entitled to a part of the “writer” or “publisher” share of the track. For instance, if a song has two co-writers, the “writer’s share” of the composition could be split equally with each writer receiving fifty (50%) percent of the entire track’s “writer” share.

The streams of income generally subject to an exclusive publishing agreement include mechanical royalties, public performance royalties, synchronization fees and print incomes. Mechanical royalties are paid for the use of a musical composition on CDs, vinyl, cassettes and as MP3 downloads. In the United States, the Harry Fox Agency is generally responsible for collecting and distributing mechanical royalties. Print Income is also subject to these agreements and applies to any funds earned from the sale of the printed musical work, such as in lyric and musical score folios, individual sheet music and when the same is displayed or sold as sheet music on the Internet.

Public performance royalties are also subject to a publishing agreement. This income is due when a musical composition is publicly performed, including when it is played on the radio, at a nightclub, a concert hall, or a stadium. These funds are collected by Performing Rights Organizations (P.R.O.). In the United States, the P.R.O.s are ASCAP, BMI and SESAC. A songwriter must become a member of a P.R.O. in order to receive their public performance royalties. Additionally, each country has their own P.R.O., so a foreign citizen should become a member of the organization in their country of citizenship.

Finally, synchronization income, referred to as “synch” monies, are subject to the same publishing deal. This income is paid when a composition is displayed with a visual image, such as in a motion picture, in a television program, in a music video or in a video game. There is income here that may also be collected by the owner’s respective P.R.O.

As is standard with most exclusive recording agreements, the deal is usually cross-collateralized with any other agreements between the same parties. Again, this means that any advance and any other funds expended on behalf of the writer, whether under a recording contract or a publishing contract, are recouped against any royalties earned from either agreement. If possible, it is prudent to limit or prevent the cross-collateralization of the agreements; however, most companies will not permit this.

In addition, some publishing companies attempt to cross-collateralize the royalties earned by one co-writer in a composition with that of any other co-writers of the same track. This permits the publisher to credit any royalties earned by any co-writer of a composition toward the outstanding royalty balance of any other co-writers of a song, even if they are not attributable to this particular co-written song. If it is cross-collateralized, the publisher is permitted to credit any royalties earned by any co-writer of a composition, even if they are not attributable to this particular co-written song, toward the outstanding royalty balance of any other co-writers of a song. It is prudent to ensure that each writer’s royalty account is not cross-collateralized with any other co-writers of a track by ensuring that only tracks written by one writer are credited toward that writer’s outstanding balance without permitting the cross-collateralization of accounts with any other co-writers.

Another point to be aware of is that an artist should try to ensure that if they are signed to both a recording and publishing agreement with the company; and, if the company wants to extend one of the deals, the other deal is also not automatically extended. This prevents the artist from being dropped from the label while still being signed to the publishing company.

One final matter that should be addressed in this arrangement is the songwriter’s creative control and approval for the uses of its compositions. In particular, a writer should try to include a limitation on the types of works that their composition can be licensed to or included in. For instance, a “kid friendly” pop star may not want their composition featured in a commercial that contains drug, alcohol or tobacco use, features sexual content, or violence. In addition, an artist should have a right to approve any changes to their finished music. This includes ensuring that any song or lyric alterations conform to the artist’s “mood” or “style” of music. For example, a publisher should not be able to take a dance track created by a dance artist and edit it so that it is now a heavy metal record.

We will now examine a few standard clauses included in an exclusive songwriter publishing agreement.

SERVICES – During the Term, Writer shall furnish to Publisher, Writer’s exclusive services as a songwriter and composer and shall deliver to Publisher, for exclusive exploitation hereunder, all of Writer’s interest in and to all of the Compositions. 

(a) New Compositions – Musical works that are written, composed, created, owned and/or acquired, during the Term, by Writer, alone or in collaboration with another or others (hereinafter referred to individually and collectively as “New Compositions”) 

(b) Old Compositions – Musical works that are written, composed, created, conceived, owned, controlled and/or acquired, in whole or in part, prior to the Term, by Writer, alone or in collaboration with another or others (hereinafter referred to individually and collectively as “Old Compositions”). The New Compositions and the Old Compositions are individually and collectively referred to as the “Compositions.” 

As described above, the publishing agreement usually signs the writer to an exclusive agreement for their publishing rights in all of their Compositions. This means that the agreement applies to any existing compositions that the writer has created and owns as well as any new material they create or acquire during the term of this agreement. It may be advisable to attempt to exclude certain existing tracks from the agreement in an effort to prevent the publisher from receiving income from those compositions. This is especially true, if those tracks are already under a prior exclusive publishing deal. This is not the easiest goal to achieve as most of the time; the artist is only receiving the publishing deal due to an interest in all of their existing material as well as any new material they create going forward.

GRANT OF RIGHTS

(a) Writer hereby irrevocably assigns and grants to Publisher and its successors, all rights and interests of every kind and nature in and to the results of Writer’s songwriting and composing services, including, the Compositions, the copyrights therein and any and all renewals and/or extensions thereof throughout the Territory, all for the full term of copyright protection and all extensions and renewals thereof throughout the Territory. 

(b) Administration – Publisher shall have the sole and exclusive right to administer one hundred percent (100%) of Publisher’s and Writer’s respective interests in and to the Compositions, whether now in existence or hereafter created, including the following: 

(i) To perform the Compositions publicly, by means of public or private performance, radio broadcasting, television, or any and all other means, whether now known or which may hereafter come into existence. 

(ii) To substitute a new title or titles for the Compositions, and to make any adaptation or translation of the Compositions, in whole or in part, and to add new music or lyrics to the music of any Composition. 

(iii) To make and to license others to make, master records, tapes, compact discs, and any other mechanical or other reproductions of the Compositions, including the right to synchronize the same with sound motion pictures, radio broadcast, television, tapes, compact discs and any and all other means or devices, whether now known or which may hereafter come into existence. 

(iv) To print, publish and sell, and to license others to print, publish and sell, sheet music, orchestrations, arrangements, including, without limitation, the inclusion of any or all of the Compositions in song folios, song books or lyric magazines. 

(v) To collect all monies earned during the Term with respect to the Compositions. 

The above language explores the various rights granted to the publisher by the songwriter in the agreement. The clause affords the publisher with the exclusive right to administer one hundred (100%) percent of the song’s publishing. Under this provision, the publisher has the right to license the work for inclusions on CDs, as MP3 downloads and as sheet music. They also have the right to collect all the monies earned on the contracted for compositions.

Additionally, the publisher has the right to license the work on the radio, on television, in motion pictures and by “. . . all other means or devices, whether now known or which may hereafter come into existence.” This language permits the publisher to apply its current publishing deal to any new technology or means of distributing music that may come into existence at a later date. Furthermore, the publisher is granted the right to translate into another language as well as adding new lyrics to any composition created by the songwriter.

In our next installment, we will continue our discussion on a music publisher’s exclusive publishing agreement with a songwriter.

This article is not intended as legal advice, as an attorney specializing in the field should be consulted. Some of the clauses have been condensed and/or edited for content purposes, so none of these clauses should be used verbatim nor do they act as any form of legal advice or counseling. 

How To Finally Break Up With a Co-Writer

[Editors Note: This was written by Dan Reifsnyder and originally appeared on the Sonicbids Blog. Late in 2016, TuneCore Blog contributing writer Mason Hoberg also covered fractured relationships among artists in his article titled, “How To Kick Out a Band Member”.]

 

Sometimes, it’s time to pull the plug on a relationship. It happens all the time, and co-writing is no different. Even the best co-writing relationships can go sour (think Lennon and McCartney, for instance), and it’s wise to think about an exit strategy if things are looking bleak.

Breaking up can be difficult for obvious reasons, whether it’s with a co-writer or significant other, and you may notice some parallels between the two. Sharing your creative side with someone and pouring energy into a project can certainly be a bonding experience. Not to mention the fact that co-writers often know quite a bit about each other, especially if they’ve been at it a long time.

Regardless of the stage of your writing relationship, here are three ways you can let your partner down in the most professional and kind way possible.

1. Be direct

This is by far the most difficult option, but I find it’s usually the best. Letting someone know – kindly, but firmly – where you stand often clears the air very quickly and begets the least amount of negativity in the long term.

If you’re unsure of what to say, try some variation of the following: “I’m sorry, I just don’t feel we’re working well together right now – our artistic sensibilities are just too different.” The other person may ask questions about your decision – in fact, that’s likely.

Your level of honesty depends on your relationship. If you’re too honest, it could piss off him or her. At the same time, if there’s a particular reason (maybe he or she needs to work on listening to his or her co-writers or brush up on his or her lyrical chops), that person deserve the chance to fix it for the future. Your (now former) partner may even appreciate it, albeit in hindsight.

Keeping someone as a friend after being direct can often prove difficult, but I suggest trying to leave a door open. You never know where either of you will find yourselves in the future, and you may change your mind about working with him or her down the road.

Offer to hang out in a non-writing setting sometime. Send him or her a text or an email every once in awhile or reach out on social media. You can never have too many friends in this industry, and it’s always smart to do your best to avoid creating grudges.

2. Avoid writing together

I’ve seen this done a lot to varying effect. If you’re not comfortable with the direct approach, this option may be more diplomatic. A word of warning, though: It can take longer and has the potential to create bad feelings if you don’t do it right.

The simplest way to go about this is to be busy. It can help if you really are swamped with work or working on other projects. Say you can’t write at the moment, but you’ll revisit in a few months. This serves two purposes: First, it lets everything cool off. You’re not writing together as often and maybe talking less. It can soften the blow for the eventual “breakup.”

Second, it can give you time and space to gather your thoughts about writing together. Perhaps you’re just getting burned out. If so, you can return to the project in a few weeks or months since you haven’t officially burned any bridges.

If you still decide you two don’t make the best writing team, continue to be non-committal about making time to get together. Most people either get the idea and drop it or forget about it entirely. (After all, your partner probably has a busy life, too.) If he or she presses, be honest and give an honest answer. And with the benefit of time away, he or she just may come to agree that it’s the best thing.

A word of warning: Don’t lie. In other words, don’t tell the other person you’re not feeling very creative when it’s obvious you’re writing every day. If anything rings untrue – or worse, is an outright falsehood – it will be taken personally and you’ll look pretty scummy… the very thing you want to avoid.

3. Ghost

This is, by far, my least favorite option  because it leaves the most room for hurt feelings and burned bridges. Sometimes, though, it’s the only option – especially if your co-writer isn’t getting the hint or has put you in an uncomfortable, awkward, or dangerous situation (unwanted sexual advances, illegal activity, or just being generally sketchy).

In that case, feel free to ghost and ghost liberally. For those who don’t know what “ghosting” is, it’s sudden and complete radio silence. You can go as far as blocking the other person on social media or from your phone, and that may be necessary depending on what he or she has done. Save this for all but the most serious situations – it will unquestionably end your relationship (professional or otherwise) and potentially sour any mutual contacts you have.

Be wary of ghosting too often, however – if done too much, you will appear to be flaky and unreliable (or possibly unstable), and people will be reluctant to work with you.


As Paul Simon once said, there are 50 ways to leave your lover, and that goes for co-writing relationships, too. These are just some of the most common and effective ways I’ve found. With any luck, though, you’ll never need to use them.

An Updated Look at Neighboring Rights

[Editors Note: This is a guest blog written by Justin M. Jacobson, Esq. Justin is an entertainment and media attorney for The Jacobson Firm, P.C. in New York City. In 2012, we published an article titled “Neighboring Rights: What They Are & Why They Matter”This newest installment includes a current exploration of today’s neighboring rights, including which countries currently provide them and which don’t. It also explores recent United States’ legislation that has been discussed in an effort to extend “neighboring rights” to U.S. Citizens; as well as a discussion on the current financial impact these royalties have on the world-wide music business. It expands on the existing material while reinforcing the information it provides.]

 

Featured artists, session musicians and master sound recording owners, typically record labels, are entitled to an additional royalty stream that artists and sound recording owners within the United States are currently not receiving. This additional revenue stream is referred to as “neighboring rights” royalties. In recent years, this revenue stream has become a valuable source of additional income for non-U.S. citizen performers. It is reported that neighboring rights generates over $2 billion per year. 

It is well established within the music industry that there are two copyrights in music, the underlying musical composition (“PA”) and the sound recording (“SR”). The underlying musical composition is usually exploited by a music publishing company and songwriters. They receive public performance royalties from a Performing Rights Organization, such as ASCAP, BMI or SESAC in the U.S. The sound recording is typically owned by a record label, which receives their rights from the featured vocalist on the track.

“Neighboring rights” are monies distributed to musicians and master sound recording owners when a work is publicly broadcast or streamed. The concept of “neighboring rights” is derived from Copyright law and has been applied to many countries through the signing of the 1961 Rome Convention. The Rome Convention treaty was enacted to provide featured performers and session musicians with an additional revenue stream when their works are publicly performed.

To receive “neighboring rights” royalties, the Rome Convention treaty mandates that a featured performer, studio musician and master sound recording owner must be a permanent resident of one of the signatory countries. Some signatory countries include Canada, the United Kingdom, Australia, Germany, Japan, Greece, France, Hungary, Italy, Sweden, Switzerland, Spain and Poland.

In Rome Convention signatory countries, neighboring rights collection societies, similar to United States’ ASCAP and BMI, collect and distribute “neighboring rights” royalties to their members. Since collection societies vary in different countries, a musician must register the individual master recordings with each collection society in all of the countries that their track is receiving airplay in to receive full payment.

For example, the performing rights organization that distributes neighboring rights royalties in the United Kingdom is PPL; in Germany, it is GVL; in Spain, it is AIE; and, in Canada, it is The Recording Artists’ Collecting Society (RACS), which is a division of The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA).

As discussed earlier, the United States is not a signatory to the Rome Convention treaty. Since the U.S. is a non-signatory country, U.S. citizen musicians do not receive any neighboring rights royalties. This is due to a concept called “reciprocity,” which means that because the United States does not pay neighboring rights royalties to non-U.S. citizens, those countries refuse to pay neighboring rights royalties to U.S. citizens.

This has put U.S. musicians, especially those who are solely featured vocalists and studio session players, such as many of today’s pop stars, in a bind by limiting most of their income to only record (which have steadily declined) and touring sales.

There are various reasons why the U.S. did not become an initial signatory to the Rome Convention treaty. One suggested justification is that radio station lobbyists fear that terrestrial radio stations would then have to pay additional license fees, essentially doubling its current fees. This additional expense may could result in a severe strain on their already dwindling business. The broadcasters are a significant lobby. Others counter this argument by saying that radio stations are predominantly kept in business by the music they play and without the master sound recording copyright owners, featured artists, and session musicians’ creations, the radio station would have nothing to air.

Although American law does not currently recognize neighboring rights for a terrestrial broadcast such as traditional radio stations, the “Digital Performance Rights in Sound Recordings Act of 1995” was established in an attempt to compensate featured vocalists for the digital public performance of their work. This Act allows U.S. musicians and master rights owners to collect royalties on digital performances of their work through satellite radio and Internet platforms.

This includes royalties paid by music streaming platforms such as Pandora and Spotify as well as satellite and Internet radio stations, such as Sirius XM. These royalties are collected and distributed through the licensing organization, SoundExchange. While American musicians can now collect digital performance royalties with the passage of this act, they still cannot collect royalties on terrestrial broadcast platforms. This means that U.S. musicians, who are only featured vocalists, still only receive half of the potential revenue streams available to them that other non-American vocalists do.

As recently as 2017, legislation called the “Fair Play, Fair Pay Act” has been discussed before the U.S. Congress with the intention of remedying the issue of neighboring rights. However, to date, no progress has occurred and it seems that no immediate movement is on the horizon. The lack of this income stream has widespread effects on U.S. musician’s earnings. In fact, according to Niels Teves, Co-CEO of Fintage House, the inclusion of neighboring rights could potentially “double the size of [the U.S.] annual market,” an industry severely in need of a monetary infusion.

Neighboring Rights are untapped revenue streams for many featured musicians and master sound recording owners. Unfortunately, most of this revenue is left unclaimed due to a lack of reciprocity between signatory and non-signatory countries. In order to help accelerate the music business’ recovery, copyright owners should attempt to apply additional pressure on the U.S. Congress to enact the “Fair Play, Fair Pay Act” or some variation of it. This would hopefully give musicians and sound recording owners their due royalties and compensation guaranteed under the U.S. Constitution.

This article is not intended as legal or business advice, as an attorney or other professional specializing in the field should be consulted.

Five Tips To Increase Your Value as a Performer

By Mason Hoberg

 

Contrary to what you may believe, learning to play an instrument well is only the first step in becoming a musician who is commercially valuable. To really be an asset to labels, or even just other musicians in your scene, you need to constantly be improving your skills and marketability.

The five tips below are a great place to start, but don’t stop there. If you really want to make it, you need to be constantly increasing not just your musical abilities but your worth as well. After all, everyone wants to be a rockstar: but few are willing to put in the work to get there.

1. Learn Another Instrument

Learning another instrument opens a world of opportunities. Different scenes tend to have different populations of musicians, though most are pretty guitarist-heavy. Knowing how to play the bass in addition to the guitar (or, if you really want to gig a lot, the drums) for example gives you access to the opportunities available to both guitarists and bassists in your area.

Even better, if you’ve already learned one instrument you’ve got a huge head start when you go to learn another one.

2. Build a Resume of Performance

A resume of performance is a document which shows where you’ve performed. It also contains the contact information of the owner at the various venues you’ve played. This alone isn’t going to land you any gigs, it just makes you look more professional.

A harsh reality of any creative industry is that there are thousands of people who are amazing at what they do, all of whom are looking for work. And you’re probably not the best out of them. If anything, you’re lucky if you’re in the top 70%.

This is something I personally struggled with a lot while I was getting my writing career off the ground. There were all these people who were so much better than me (and still are), so I had a really hard time finding work.

A huge part of why I succeeded at being a writer is that I worked at it and got better, but the majority of the success I’ve had is because I pretend I’m a professional. Seriously. I’m just some guy who writes, and in all honesty I’m not awesome at it. But it pays my bills, because I’m willing to market myself as a professional. Thankfully, I don’t have to dress like a professional because I work at home (I’m writing this whole thing in just my boxers and fuzzy socks).

3. Launch a YouTube Channel (A Musician’s Portfolio)

In addition to being a musician, I’m also a freelance writer. Part of how I get new gigs as a writer is that I keep a portfolio. A portfolio is a collection of a person’s work, whether that’s music, art, or in my case writing.

In addition to showing off your work, your portfolio also shows how you approach your work. It shows your voice as a musician, your work ethic (shown by how much you post), and your creativity. A portfolio is a must-have tool for anyone in a creative industry.

In addition to showing off your work and how you approach it, a YouTube channel/portfolio also shows off how well you can build an audience. Having a loyal YouTube following shows that people like your music, which in turn shows venue owners and members of the industry that you have commercial potential.

4. Be Nice

Would you rather work with a musical savant who’s a jerk, or a mediocre musician who’s personable and reliable? When looking at it this way, just about anyone would say that they’d rather work with the person who’s not a drag to be around.

If you aren’t friendly to your fellow musicians, or are dismissive of the abilities of musicians in your scene, you’re going to get a reputation for being a jerk. So instead, just be nice. While it might be really cathartic to lay into someone you don’t like, or tell your friends how much you hate a local band, always remember that you’re a brand and you should represent yourself as such.

You want to be seen as the fun, friendly, and talented musician; not the jerk with an over-inflated ego.

5. Learn To Play Different Genres

Even if you’d never dream of stepping outside of your preferred genre, you’d be surprised at just how much overlap there is between the different genres that make up Western music. For example, sweep picking is used extensively in both Metal and Gypsy Jazz (Gypsy Jazz uses a picking style similar to sweep picking, even if it’s not strictly sweep picking).

These techniques are used differently in different genres, so seeing how other guitarists outside of your preferred genre implement them can help to boost your own creativity. You may also find that once you start getting into these genres you actually like them. It may even turn out that you get into the genre to the point where you join a band focused around it, which will give you even more opportunities to find gigs.

Wrapping It All Up

Music is a business, and if you want to make a living at it you’ve got to play the game. While it can be hard to transform yourself into a marketable musician, you’ll find that the effort you put in will pay off in spades.

August Songwriter News

By Stefanie Flamm

From Rio to the US Presidential election, it’s been a busy summer for everyone, including songwriters around the world:

  • Rio turns out to be as much a competition for artists looking to get sync placement as it is for the Olympic athletes.
  • Donald Trump stirs even more controversy by using “We Are the Champions” at the Republican National Convention, against the wishes of Queen.
  • Apple makes a motion to set a standard streaming rate, a move that would revolutionize royalty payments for songwriters.

Advertiser’s $1.2 billion budget for the Rio Olympics turns sync placement into a competition of its own.

It should come as no surprise that the Olympics is one of the most widely-popular televised sporting events around, particularly for US viewers. Even for a disappointingly low year, a whopping average of 27.5 million viewers watched Rio Olympic coverage via NBCUniversal over the 15 days of competition. And with that high number of average viewers, comes a high demand for prime advertising placement.

With the Olympic viewership paling only in comparison to the Superbowl, companies were chomping at the bit for an opportunity to intersperse the high-profile swim and women’s gymnastics competitions, among many others. Particularly at the opening ceremonies, with an outrageous rate of one commercial every eight minutes, there was a lot of competition amongst companies and ad agencies alike to help their product stand out from the crowd. This is where a skilled Music Supervisor comes into play.

Between the more US-friendly time zone and the hype surrounding high-profile athletes like Simone Biles, NBCUniversal had planned for a higher viewership than they received for the 2012 Summer Olympics in London. As a result, companies were flocking to advertising agencies as early as a year before the competition began. “I’ve been doing this for 20 years — it’s the first time we’ve had to dig deep so early,” commented Grey Group Director or Music Joshua Rabinowitz.

Sync royalties for Olympic commercials were reaching upwards of $250,000 for the Rio games, not to mention the added benefit of an audience of 27.5 million people who could download or stream the song after hearing it.

Some agencies decided to stick with tried-and-true classics, like Cyndi Lauper’s “Time After Time” or the Gershwin classic “Rhapsody in Blue,” and some chose to highlight newer artists, like Boys Noize’s “Rock the Bells.” A personal favorite advertisement for Nike included music from the 2003 song “Drums Are My Beat” by Sandy Nelson.

But not every song used for ad sync placement at the Olympics was a catchy or recognizable tune. Writers Andrew Simple and Michael Logan curated a sync-worthy song that snagged them a spot in a commercial for Folgers that left me quietly weeping at my desk. A colleague of Simple’s noted, “I knew it could be the soundtrack for a spot that taps into a close relationship,” and the song was pitched for sync placement before even being released.  

Simone Biles, Michael Phelps, and a handful of songwriters were able to take home the gold at this year’s Olympic games.

Repeated unauthorized use of their song “We Are the Champions” on the Donald Trump campaign leaves Queen seeking legal action.

Whether you’re voting for him in November or you’re adamantly protesting against him, everyone can pretty much agree that Donald Trump isn’t playing by the rules of a typical US Presidential campaign. He brought this attitude to the world of publishing recently after his second unauthorized use of Queen’s “We Are the Champions” at the Republican National Convention in Cleveland.

The issue first came up in June of this year, after the last Super Tuesday of the year when Donald Trump celebrated his victory over the last remaining primaries. Trump’s campaign blasted “We Are the Champions” to commemorate their victory, only it didn’t occur to anyone on Trump’s staff to acquire permissions from Queen first.

Queen’s guitarist Brian May immediately expressed his upset over this, taking to his personal website for a reaction statement. “…permission to use the track was neither sought nor given… Regardless of our views on Mr Trump’s platform, it has always been against our policy to allow Queen music to be used as a political campaigning tool.”

Unfortunately, Trump’s team did not see this statement as an unofficial cease-and-desist, as they played the song again this July at the RNC. After Melania Trump’s semi-plagiarized speech, the RNC was a one-two punch of intellectual property theft. Queen took to Twitter shortly after the broadcast to follow-up that Trump’s campaign had, again, failed to request permission to use the song.

This month, Queen’s publishing company Sony/ATV Music Publishing announced a formal statement regarding the Trump campaign’s use of “We Are the Champions:”

Sony/ATV Music Publishing has never been asked by Mr. Trump, the Trump campaign or the Trump Organization for permission to use “We are the Champions” by Queen. On behalf of the band, we are frustrated by the repeated unauthorized use of the song after a previous request to desist, which has obviously been ignored by Mr. Trump and his campaign.

Queen does not want its music associated with any mainstream or political debate in any country. Nor does Queen want “We are the Champions” to be used as an endorsement of Mr. Trump and the political views of the Republican Party. We trust, hope and expect that Mr. Trump and his campaign will respect these wishes moving forward.”

Apple’s proposition to set a concrete, per-stream royalty rate could revolutionize songwriters’ relationship with streaming.

The battle between songwriters and streaming services has been around since the latter’s inception, and it doesn’t look like it’ll be easing up anytime soon. In the wake of the United States Department of Justice ruling for 100 percent licensing, songwriters and publishers alike are not satisfied with the DoJ’s perceived favoritism of streaming services. However, Apple has put an initiative into place that might change streaming payouts in favor of the songwriter.

In a proposal made by Apple, in conjunction with the Copyright Royalty Board, streaming services should pay 9.1 cents in songwriting royalties for every 100 times a song is played. While that only results in a payout of $0.0091 per stream, having a standard rate of streaming could mean more transparency between streaming services and songwriters.

“An interactive stream has an inherent value,” Apple wrote in their proposal, “regardless of the business model a service provider chooses.”

The need for the DoJ, streaming services, and songwriters to come together is ever-present in the increasingly streaming-friendly world. The general consensus seems to be at “freemium” streaming services like Spotify need to change their subscription models in favor of making more money for the songwriters. While this Apple proposition isn’t exactly giving songwriters what they’re asking for (and doesn’t necessarily favor its competitors’ pricing models), it’s a direct attempt to eradicate freemium streaming, and it looks like it may be a step in the right direction towards more harmony between artists and the streaming services that pay them.

For more information on TuneCore Publishing Administration, click here.

SOUND BYTES

Interview: Justin Klump on His New Album & Finding The Small Successess

Singer/songwriter Justin Klump found his love of music as a teenager and applied his work ethic toward making it his life ever since. He’s got three independently released albums (distributed via TuneCore!) under his belt and his self-titled fourth coming this Friday, May 13th.

With success on SiriusXM’s The Coffeehouse, iTunes’ Singer/Songwriter Charts, and over 100,000 miles of touring across America in less than five years, we invited Justin to perform at our second-ever Indie Artist Forum in Nashville back in February. He was kind enough to answer a few questions about what it takes to make your drive pay off and how he’s navigated Nashville as an independent artist who moved in from across the country:

When did you discover your love of songwriting?

Justin Klump: I was 15, and a friend gave me Under the Table and Dreaming and Crash by Dave Matthews Band. I picked up the guitar a few weeks later, and started writing songs six months after that. At that point in my life, I was having trouble making sense of the world, and writing songs gave me an outlet to try and figure stuff out. I’ve always spent a lot of time in my head, and writing songs forced me to get what was circling around inside out into the world – for better, or worse.

What is the Vancouver, WA scene like in terms of budding singer/songwriter support? What ultimately prompted the move to Nashville?

Vancouver has some cool stuff going on – especially recently. The community there loves local music, and is very supportive of it. And, being as close to Portland as it is, a lot of the scene blends into what’s going on in Portland. Portland, Oregon has a great live music scene.

I wanted to move because I felt like I needed to get out of my comfort zone in order to grow as an artist, songwriter, and person. I was considering LA & New York as well, because I wanted to be in a big music town, but Nashville won me over because the emphasis on songwriting is next to none. I grew up in the northwest, and wasn’t quite sure how to take the next step in my career in such a familiar place with people who’ve known me for years. I needed to get uncomfortable, and be inspired around new people and fresh ideas.

IMG_8044-front A

What do you consider to be some of the most important steps in marketing and promoting yourself as an artist in a town like Nashville?

Figure out what you do that makes you unique, and develop that every day. Don’t chase what’s hot at the time, and try to adapt what you’re doing to fit that mold. It’s already been done, and chances are, when you get to market, it’s not going to be hot anymore. You could spend your career being a step behind, and not giving the world something that only you can provide.

It’s also important to take an organic approach to getting your name out. Build relationships, not contacts, and recognize that this is a marathon, not a sprint. I don’t subscribe to the belief that you have one shot – there’s no “one big break” – it’s a succession of small successes that help you from one patch of concrete to the next. You have to be pro-active, but you have to be realistic in your timeline. Many people refer to Nashville as a “ten year town”, and I think that timeline sets up more realistic expectations than believing you’re going to be an overnight sensation.

What kind of advice would you offer to a new artist looking to relocate to a more music-friendly city?

Get out and meet people. Go to shows, mixers, and happy hours, and introduce yourself to people. Figure out who the players are, and say hi without being overly eager. Be nice. Work harder than you think you should have to. You’ll meet people further along than you, and hear things that are really, really great, and you can either choose to be inspired, or let it get you down – choose to be inspired.

You can write songs from anywhere, but if you move to a music city, make the most of it by getting off your couch.

Justin Klump performing at the TuneCore Indie Artist Forum in Nashville - 2016
Justin Klump performing at the TuneCore Indie Artist Forum in Nashville – 2016

We’re obviously psyched you’ve chosen TuneCore for distribution, and we’d love to hear about your experience at our Nashville Indie Artist Forum!

TuneCore’s a great home!

The Forum was a great experience, both as an artist and as an attendee. There were a ton of inspiring interviews that gave me new ideas throughout the day. I thought Craig Wiseman was hilarious, inspiring, and informative. His energy filled the room, and was a highlight, for sure!

As an artist, it was an honor to perform in a room full of other artists and songwriters, but also terrifying.

I saw a few people that I hadn’t seen in a number of years, so it was cool to re-connect with them. And, it was great to meet some of the TuneCore staff!

As you prepare to release your fourth independent album, tell us about how both your process have evolved, both from the creative and business standpoints?

I was much more intentional with this release, and spent more time with the songs, and the songwriting before pressing record. I wanted to sit with the songs longer to make sure they resonated with me months after they’d been written, and I played most of the songs out before we recorded to see how other people reacted. I wrote more songs than I can remember before narrowing it down to the ten that ended up on the album.

I knew I wanted to invest more into this album, and that was part of why I took my time. I recorded and mixed my last few releases on my own, and so the budget was bigger on this one because I worked with a producer here in Nashville, Andy Hunt.

I guess taking my time and being intentional was both a creative, and a business decision. I wanted to record songs that connected because I wanted to increase my chances of people hearing the songs, and increase my chances of recouping my investment.

Between your first single off of the new album and previous releases, how has your success on radio impacted the way you reach new fans in this day and age?

It’s allowed me to connect with new listeners – who may not have heard my music otherwise – and helped me build a bigger audience. I’ve been able to develop relationships through email or social media with people who heard a song on The Coffee House, for example, and sent an email saying my song spoke to them. It’s been very cool to see the reach that radio has, and even cooler to hear from someone that they heard my song on X station a thousand miles away.

Also, I use the reporting tools in the TuneCore back-end to see if airplay is correlating with sales, and to see how much action is taking place in a particular market. From there, I try to identify new markets that I could perform in to further connect with new fans.

What kind of story are you hoping to tell on Justin Klump?

I think the main theme of the album is holding onto hope through whatever struggle you’re up against. For me, life hasn’t always been a straight shot to where I’ve wanted to end up, but the detours have taught me some of the most important lessons I’ve learned. I want these songs to be anthems for the underdog – for the people who aren’t sure they can keep going, but just need a little bump to take the next step and keep going.

album

What are your plans for the rest of 2016 in terms of keeping the momentum?

I’m headed to the west coast to start album release dates next week, and the lead single, “Loved You Good”, impacts AAA radio on May 16th. I’ll be continuing the release dates this summer, and then circling back to my primary markets, and expanding into new ones in late September, October and early November. We’ll be releasing the songs from the album in various mediums throughout the remainder of the year as well.

Outside of touring and the new album, I’ve started writing for my next album, and plan to spend a good amount of time in my studio flushing out ideas.