I don’t know what that even means…. I wish I knew more about these things.

It's an old song I wrote six years ago. It's on an album that's out of print. It's being used in a film though, and apparently my signing the contract consenting for it to be used requires me signing over the publishing rights as well.

So, what have I just done? What happens now? I am so naive about these things. Sometimes I wish I'd done a course in entertainment law or something.

Wise people of EA, what have I just let myself in for?

Do I have to?

It's not too late to back out by the way. To be precise, the title of this thread should be "I just agreed by telephone to sign away the publishing rights to a song, pending the receipt of contracts". But that's too long and not very catchy.

So if anyone can give me any compelling reason why I really shouldn't sign them when they arrive in the post in a few days time, speak now or forever hold your peace! I am both genuinely naive and curious.

If the song is in a film the contract will just say they have the rights for the use in that film.

Don't sign it if it says they have the publishing rights full stop.

You do have to sign two contracts but both should detail that it is only for use in the film and possibly it's promotion

If you don't want to do that then don't sign it

Surely there's a middle-ground available to you were you would give them the legal right to exploit your song within the context of the film/promotion but without signing over the ownership of publishing?

I can understand that the film budget is probably the motivating factor behind the question of publishing, but I don't see why they should reasonably expect exclusive ownership.

Unless they're buying it, obviously.

But what might be the consequences of signing away the publishing rights?

What would happen, for example, if some fool wanted to reissue the album it's on? (I think this is unlikely).

And why is she telling me that I'll get more money if I sign over the publishing rights?

You should be signing a master use license agreement and a synchronisation license agreement. The writer signs the first and the publisher of the music signs the second but there really is no reason why they should want the full publishing rights.

If you are both the publisher and writer then you sign both.

At the end of it you should still own all the rights to your song but they just have the right to use it in the film.

Have you seen the contract yet? If not, ask them (nicely!) to send it to you immediately. I've got a friend who knows a lot about this dark art if you want me to ask.

But definitely get hold of the contract first if you haven't already.

Are they offering to act as your 'publisher' or merely wanting to buy (accept as a gift) your track?

If they are offering to act as your publisher, it might be argued that although they'll take a % of your royalties, your % will in reality be bigger than 100% of nothing which you would have got if they didn't do whatever they are going to do with your track.

If they are buying copyright of your song outright then I suppose the same argument could be made (that you'll be getting 100% more than nothing).

If they own publishing rights, the re-issue of the record would need to be agreed with the owner of copyright.

Adam CR wrote:Surely there's a middle-ground available to you were you would give them the legal right to exploit your song within the context of the film/promotion but without signing over the ownership of publishing?

Yeah, this was my initial reaction. I did discuss this with said representative of publishing company, but in her power-speak London way, she just kind of brushed the suggestion aside. I guess I should grow a backbone and take the issue up again.

I can understand that the film budget is probably the motivating factor behind the question of publishing, but I don't see why they should reasonably expect exclusive ownership.

Unless they're buying it, obviously.

I'm not quite sure why they'd want to buy the song. It's on an album that's been out of print for a while, and that only sold 1,000 copies anyway. Plus it's about 16 minutes long, and poorly recorded to boot. It must have virtually no commercial value whatsoever. I was amazed that a film company wanted to use it in the first place, to be honest.

So, if I sign away the song, might this publishing company start trying to solicit it to TV companies, etc, for adverts and the like? (Again, a very unlikely scenario, but I guess it is possible). And would I see any money from that?