Song writing, Copyright Administration and

Music Publishing in the Church.

Steve McPherson Manager, Hillsong Publishing
(Sydney, Australia)
Music Copyright
When a song is written, there are certain rights that are connected to the song and are by default, owned
by the writer/s of the song Such rights are!
"#clusive rights
the right to re$roduce the song in any for%at &', cassette, '(', (ideo, digital etc
the right to $rint the song, including %usic and lyrics
the right to $erfor% the song in a $ublic $lace
the right to broadcast the song (including )(, radio and the internet)
the right to %a*e an ada$tation of the song arrange%ent, translation, etc
Moral rights
the right to be attributed or credited as the author
the right to $revent uses or %odification of their song that would $re+udicial to the writer,s
re$utation
)he writer can choose to retain the res$onsibility of these rights and ad%inister the% the%selves, or
engage the services of a $ublisher or ad%inistrator to do this for the%
Recording a CD
-f the writer chooses to ad%inister their rights the%selves, the writer can grant $er%ission to another
individual or organisation, such as a church to record the song All that is re.uired is a Mechanical
/icence, or a letter fro% the writer stating that they give $er%ission for the song to be recorded by the
church, and that there is an agree%ent of the following $oints!
how %any units are to be $roduced,
what $rice to &' will be sold for,
other for%ats to be %anufactured, ie '(', sheet %usic, digital delivery
what royalty rate is to be $aid to the song,
how %any other songs are on the recording
$lus any other ter%s and conditions a$$licable to the $articular relationshi$
With this ty$e of set u$ the only obligation a church has, is to $ay the writer their royalties according to
the sale of all for%ats, and there is a si%$le for%ula that is statutory for the calculation of royalties of
this ty$e, de$ending on what country you,re in )he church holds no res$onsibilities for the songs
outside of this $articular recording So if another church wishes to record it, or it is sung in other
churches, it is the writer0s res$onsibility to follow this u$ and chase u$ royalties
However, the writer can choose to allow the church to ta*e on the ad%inistration of the song, therefore
giving the church the ability to record the song without establishing this licence, as the right to record
would be held by the church
)his is what %usic $ublishers do
Music Publishing
)he role of a %usic $ublisher is to!
Publish sheet %usic or licence others to $ublish it
See* o$$ortunities for the songs to be recorded, $ublished and used by others, including
record co%$anies, artist, fil% and television
&ollect fees and royalties earned for the co%%issioning or e#$loitation of %usic
Pro%ote the re$utation of their writers
Protect the wor*s fro% unauthorised use
)a*e res$onsibility for all related ad%inistration, ie! registration of co$yright (1S only),
registration of wor*s with collection societies, %aintaining and $rotection of co$yrights
-t is at this $oint that the church needs to consider if they wish to $lay a dee$er role in the songs being
released on church recording $ro+ects )he benefits of establishing a $ublishing division is that it gives
the church the alibility to control where the song is and isn,t used, *nowing that the songs released by
the church do carry the re$utation and s$irit of the church, as well as the writer, and this is so%ething
that does need to be $rotected
-f this is indeed what the church wishes to do, then - would suggest that a for%al $ublishing agree%ent
be drawn u$, with the involve%ent of an entertain%ent industry lawyer )his is what Hillsong
Publishing has done We chose %any years ago to ta*e on the res$onsibility of ad%inistering the rights
of our writers and co%%it ourselves to using our best efforts to increase the awareness and usage of
their songs worldwide
)he basic ste$s to setting a $ublishing division are as follows!
1. Establish a trading name or a catalogue name that your songs will be
registered under. -t is this na%e that will be shown in all $ublications and recordings of the songs
Along with this you will need to ta*e care to fulfil all legal re.uire%ents according to local cor$orate
laws in your country Please see* $rofessional advice on this
. Dra!t agreements between writers and the church )his should be done in full
negotiation and consultation with the writers -t is i%$ortant that your writers understand your $ur$ose
for setting u$ a $ublishing division, and beco%e aware of future $lans for it &arefully consider what
financial ter%s you will $ut into your $ublishing agree%ents 2nce again, it is highly reco%%ended
that you see* $rofessional advice in this area
)hings to consider and see* advice on, when drafting your $ublishing agree%ent
3oyalties s$lits on usage ty$es
How will you be dividing the inco%e received fro% the song4 -t is standard for a $ublishing
co%$any or ad%inistrator to retain a $ercentage of any inco%e received -t is i%$ortant
that you, the church, be able to +ustify the $ercentage of royalties being retained, in
con+unction with the level of service and su$$ort you are $roviding your writers
5ou can either negotiate a blan*et s$lit for all ty$es of usages and inco%e, or have a uni.ue
s$lit for each )hat being $rint, %echanical (recordings), synchronisation (fil%/)(), &&/-,
live $erfor%ance and others
Advances
So%e $ublishing agree%ents incor$orate a financial advance6 however - rarely see this in the church
environ%ent An advance is really a loan held against the $otential earning of the song or songs
)er% of contract
)he length of the contract )his can vary fro% 7 year, which is $retty rare, to life of co$yright,
which is until 89 years after the death of the writer Again, see* advice on this, and consider
the i%$lications to both $arties
2wnershi$
When it co%es to ownershi$, there are two ty$es of $ublishing contracts6 Assignment deals
and Licensing deals
An assign%ent agree%ent is where the writer :assigns; their rights to the $ublisher for the
ter% of the agree%ent -n this agree%ent the ownershi$ of the co$yrights would rest with the
$ublisher, and not the writer A /icensing deal is where the owner retain ownershi$ but
<licences< a $ublisher to control those rights for the ter% of the agree%ent
)he %ain difference with the two agree%ents is that a $ublishing co%$any can not sell a
writer0s song or catalogue to another $ublishing co%$any under the ter%s of a /icensing
Agree%ent, they can only licence others to use the song, not sell the% outright 2nce again, it
is e#tre%ely i%$ortant that you draft your $ublishing agree%ent with the advice of a %usic
industry attorney
1ns$ecified usage

&onsider any $otential uses and inco%e ty$e for the song that are not %entioned or even
invented at the ti%e of drafting your agree%ent and the relevant inco%e s$lits =or e#a%$le,
%any $ublishing agree%ent signed over 79 years ago have no %ention of digital delivery and
the internet, and therefore did not negotiate inco%e s$lit for these sources
"#$loitation co%%it%ent
What co%%it%ent to the writer is the church able to %a*e regarding the $ro%otion and
e#$loitation of their songs )his is one area that is often over>co%%itted and %isre$resented
A $ublishing contract should have a state%ent regarding the level of $ro%otion the $ublishing
can co%%it to

3oyalty $ay%ents
&learly define when royalties will be $aid and how they will be transferred to the writer Most
$ublishing royalties are calculated on either a .uarterly or se%i>annually basis and are
generally $aid ?9 days after the end of the inco%e $eriod allowing for $rocessing ti%e
Songs
What songs are lin*ed to the $ublishing agree%ent4 -s your $ublishing agree%ent for a choice
nu%ber of songs, ie a Single Song agree%ent, or for everything the writer has written and
will write during the ter% of the agree%ent )his all co%e bac* to what the church, or
$ublisher can co%%it to
)er%ination
How and when can either $arty ter%inate or be released for% this agree%ent4 How easy or
difficult do you want this to be for your writers4 )his need to be seriously consider as well
)erritory
What geogra$hical area is your $ublishing agree%ent li%ited to4 So%e agree%ents are for the
world, so%e a li%ited to the country of origin
". Register your publishing name with industry organisations, such as!
(&&/- > &hristian &o$yright /icensing -nternational), your local Perfor%ance 3ights 2rganisations
(such as AS&PA, @M- for the 1S or AP3A for Australia) )hese organisations are called collection
societies or agencies because they assist %usic $ublishers in the licensing of rights and collection of
associated royalties for these rights
Collection Societies
A &ollection Society or Agency s$ecifies a $articular right or grou$ of rights within a co$yright, and
licences a $articular %ar*et on behalf of the co$yright holders, whether that is the writer or the
re$resenting $ublisher or $ublishers
Performance Rights Organisations (PRO)
P320s are +ust as they,re titled, they re$resent the :$erfor%ance right; in a song on behalf of
songwriters and $ublishers, and this also includes the right to broadcast )hey $rovide licences to all
areas of society that use $erfor%ed %usic (both live and $re>recorded), that is, radio, television, live
%usic venues, internet sites and businesses )hey do this by entering into an agree%ent with both
writers and $ublishers ali*e allowing the P32,s to re$resent, on an e#clusive basis, the relevant rights
of the songs
Here are a +ust a few of the Pros, around the world
AP3A Australasian Perfor%ing 3ights Association (Australia)
wwwa$raco%au
AS&AP )he A%erican Society of &o%$osers, Authors and Publishers (1SA)
wwwasca$co%
@M- > @roadcast Music -nc (1SA)
wwwb%ico%
S"SA& (Society of "uro$ean Songwriters, Artists and &o%$osers)
wwwsesacco%
P3S > )he Perfor%ing 3ight Society /td (1A)
www$rscou*
S2&AB > Society of &o%$osers, Authors and Music Publishers of &anada
wwwsocanca
Mechanical Rights Organisations
)here are also organisations that license and collect s$ecifically the %echanical right on behalf of
co$yright owners )he Mechanical right is the right to re$roduce the song in a &', &assette and/or
'(' A lot of the Pros, around the world do also license %echanical re$roduction, but there are stand
alone co%$anies that only licence %echanical rights, such as!
A%erican Mechanical 3ights Agency, -nc (1SA)
wwwa%er%echrightsco%
)he Harry =o# Agency, -nc (1SA)
wwwharryfo#co%
AM&2S Australasian Mechanical &o$yright 2wners Society (Australia)
wwwa%cosco%au
Mechanical &o$yright Protection Society (1A)
www%c$scou*
Church Licensing Organisations
)hese organisations licence the church for the re$roduction of songs s$ecifically for church use )he
%ain $layer in this area of licensing is!
&&/- > &hristian &o$yright /icensing -nternational
wwwcclico%
#. Set up your licensing documents. As the ad%inistrator of songs, you will have
$eo$le a$$roach you to use your songs in different ways )he $rocess of granting this $er%ission is
*nown as licensing, and there are several different ty$es of licensing in %usic $ublishing )he %ain
ty$es of licences are!
Mechanical Licences:
An agree%ent covering all of the $articulars of a sound recording containing a song you
re$resent -t will need to contain the following $ieces of infor%ation!
'etails of $arties involved
3elease title
3elease date
Artist,s na%e
=or%at (&', &ass etc)
)otal nu%ber of songs
3etail/wholesale $rice
Manufactured .uantity
)erritory
3oyalty rate
Print Licences:
An agree%ent covering all ty$es of $rint re$roductions containing a song you re$resent, such
as sheet %usic, lyric sheets, hy%nals, wedding $rogra%s, novels etc -t will need to contain
the following $ieces of infor%ation!
'etails of $arties involved
Production title/ descri$tion
3elease date
)otal nu%ber of songs used/ and licensed fro% you
3etail/wholesale $rice
Manufactured .uantity
)erritory
3oyalty rate
Synchronisation Licences:
An agree%ent covering the act of synchronising a %usic wor* (including a sound recording, if
a$$licable) with other %edia =or e#a%$le, fil%, video, radio $rogra%s and other
$resentations -t will need to contain the following $ieces of infor%ation!
'etails of $arties involved
Production title/ descri$tion
3elease date
)otal nu%ber of songs, with durations of use
'escri$tion of use
A$$roved %edia
Sound recording a$$roval re.uired4
)erritory
=ee
$. Prepare a business plan. As the $o$ularity of your songs increase so will the
wor* load of your %usic $ublishing division, so it is i%$ortant that fro% the beginning you have a clear
$lan and vision for this wor*
%. &uild your networ' of contacts -f you are contractually res$onsible to your
writers to $ro%ote their songs, then your biggest challenge is to find ways of getting the songs used
5our obvious first $lace of use, will be the church, but the %ore $eo$le you tal* to and the %ost wor*
you $ut into it, the %ore this will increase
(. Create a database. )his can be anything fro% a si%$le Microsoft "#cel
s$readsheet or Microsoft Access database, to the %ore co%$le# and e#$ensive co%%ercial syste%s
available -t will be very hel$ful to you to have a database of your songs, and all of the details
surrounding those songs
Music Maestro by &ounter$oint Syste%s is arguably the world leading %usic $ublishing royalties,
software $ac*age -t handles song data, royalty $ay%ent, and distributions, song writers s$lits, inco%e
sources and %ore, but is really only for the serious $ublishers or $ublishers with larger song catalogues
=or %ore infor%ation! Music Maestro
Suggested links
www%usiccontractsco% > downloadable %usic business contracts created by an entertain%ent law
fir% for i%%ediate download in Microsoft Word
htt$!//www%$aorg Music Publishers, Association (1SA)
htt$!//wwwn%$aorg Bational Music Publishers, Association (1SA)
wwwa%$alco%au > Australasian Music Publishers Association /td (Australia/ Bew Cealand)
wwwgos$el%usicorg > )he Dos$el Music Association (1SA)
wwwg%a>anEorg > )he Dos$el Music Association > Australia F Bew Cealand
wwwco$yrightgov 1S &o$yright 2ffice (/ibrary of &ongress)
wwwco$yrightorgau Australian &o$yright &ouncil
Suggested reading
M Willia% Arasilovs*y and Sidney She%el, This Business Of Music, Watson>Du$till
Publications, G999
Shane Si%$son, Music Business, 2%nibus Press, G99G
Al Aohn and @ob Aohn, Kohn on Music Licensing, As$en /aw F @usiness, G99G