So is it wise for an artist to sign a publishing deal with a publishing company?
From what I read how it works is an artist makes a hit record, a publishing company hears the record and see money in it. They offer the artist a publishing deal where the artist lets the company have the publishing for that ONE SONG while the artist retains writers credit (assuming they wrote it). Then the publishing company takes the song to heights the artist couldn't on their own such as radio, even shyt like movie placements, commercials plus blogs etc etc. Then the artist and publishing company splits the profits 50/50 or sometimes in the artists favor depending on who it is and how much pull they have.
Am I somewhat in the ballpark?
yes...it is beyond wise..
it's actually necessary especially in today's global digital market
a publisher's job is to EXPLOIT the work of the artist within the commercial medium...
that's why EMI is so relentless in NOT giving these rights up and vice versa Kanye is so adamant in trying to retain full rights
these songs within the catalog that the publisher holds rights to are now being serviced to streaming services around the globe as well as being licensed for commercials....television shows ....movies ..live recordings as well as something simple as being played on a jukebox
all that is REVENUE ($$$) which the publisher job is to seek after
and EMI does a damn good job of it....
they have the infrastructure in place to do it as well as resources to properly administer and protect the intellectual properties of the artist around the globe
much better than the crappy publishing deal that i was involved in with Tunecore/Universal for one of my artists several years ago...
so Kanye knows he has benifited greatly from the relationship with the publisher.......
he just rightfully feels they are overextending themselves (biting off more than they suppose to eat) by going BEYOND the 7 year stipulation that was supposedly agreed on within the terms...
Objectively speaking he does has a solid case......and it also had precedents that have occured which should play into his favor....artists Courtney Love, Rita Ora and most recently 30 Seconds to Mars have made the same arugment about these oppressive contract extensions....
here is the statement by his attorneys:
or West, the seven-year argument places the timeline here as starting in 2003 circa
College Dropout sessions.
"It makes no difference under section 2855 whether the contract is otherwise fair, or whether the employer has fulfilled its end of the bargain," West's complaint says. "It matters only whether the services began more than seven years ago. There can be no dispute that this happened here. The seven year period ended under this contract on October 1, 2010." My Beautiful Dark Twisted Fantasy, West's magnum opus, was released that November.
Kanye West's EMI Contract States He's Not Allowed to Retire
Now EMI just pulled a slick move and is seeking to have the case moved to Federal Court where they hope to enforce the Copyright Statute in which Federal Law states artists have to wait 35 years before the Label..Publisher or any copywright holder is obligated to hand over the rights back to the author (songwriter).....
which means Kanye even if he is able to eventually "retire" still wont be able to retain the rights to his music until
2038
Kanye West says illegal EMI contract forbids him from retiring
EMI contends its deal with West only requires him to “deliver” to EMI his ownership interest in the songs he writes, and doesn’t “constitute contracts for any of [West’s] personal services.” As such, EMI is attempting to move the suite to federal court, which has jurisdiction over copyright law. Under federal law, authors must wait 35 years after the date of publication to reclaim their rights.