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I have had several beginning writers ask me how to sell a song. As soon as I hear this question, I realize that this person does not understand copyright law or the music business. They may be a nice person, and they may be a talented writer, but they have absolutely no idea of how the music business operates today. There seems to be a perception that if an artist or producer likes your song, that they will simply write you a check for it. That could not be less true. While working in a publishing office on music row, in Nashville, in the 1990s, I had several novice writers approach me about buying their songs. I do not know of a legitimate Gospel Music publisher today that buys songs from writers.
The music business changed drastically during the 20th century and it continues to change today. If you are going to be involved in the business of songwriting, you had better learn a few basics about how the industry operates today.
Now it is true that in the first half of the 20th century, many songwriters did indeed sell their songs to an outside party. But as time went on this proved not to be in the best interest of the writer. Ben Speer told me that Dad Speer's classic song HEAVEN'S JUBILEE was sold for the sum of $50. That was a lot of money during the depression era. $50 fed the Speer family, Mom, Dad, Brock, Rosa Nell, Mary Tom, and Ben for one full month! In the 1930s, selling a song for $50 sounded like a pretty good deal. But time has proven that the company that bought that copyright made many thousands of dollars over the years. And upon Dad Speer's death, that was a copyright that could not be left to his children, it had already been sold. In the 1930s, selling a copyright for a flat fee was standard practice among songwriters and publishers. But times have changed.
As the writer of your song, you are the copyright owner. You do not have to register a copyright with the Library of Congress to become the owner, although that is the most highly recommended form of copyright protection. But registering the copyright does not make you the owner of that song. It simply means that on a given date, you registered a claim of ownership. Someone can still challenge your claim. But if you wrote the song, then you are the owner, by law. You own it from the moment of its creation.
If you sell your ownership outright for a flat fee, then you are giving up all rights to any moneys which that song may earn in the future.
Today when a reputable publisher wishes to publish your song, they will ask for an assignment of copyright. This makes the publisher the legal owner of the song. Usually what happens in this type of an situation is that the writer and publisher will enter into a contractual agreement where the publisher pays the writer 50% of anything the song earns. It is the publisher's job to get that song into a place where it will earn the maximum amount possible. That is how a standard publishing agreement works today. But some writers get very nervous about assigning the ownership of the song to another party. That is a legitimate concern. But unless you are a very well established writer in the industry, it is quite difficult to negotiate a publishing deal where the writer will retain ownership of the copyright. It can be done, but it is not common.
If retaining the ownership of your copyright is important to you, then you may want to consider self publishing. You can publish your own song and keep 100% of everything that song earns. But you have to do all the work of the publisher. A publisher's job includes bearing all the cost for demos, pitching the song to artists and producers and record labels, assigning the appropriate type of license when one is requested, and collecting royalties from the user of the song. The publisher's job is to exploit that copyright in as many ways as possible. If you think you are up to that challenge, then maybe self publishing is for you.
The advantage of giving up ownership of your copyright to a reputable publisher is, you will earn 50% of whatever that song makes, for the rest of your life. And after your death, your heirs can continue to collect royalties on that song for another 75 years. Right now the length of a copyright is the life of the writer plus 75 years. A good publisher will already be well established in the music industry and be able to get your song into the right hands of the right people. Some writers refuse to give up ownership of the copyright, even though they are not capable of getting the song recorded. Their song may sit on a shelf or inside a piano bench and never earn anything at all. There seems to be a lot of fear that someone may not pay them everything they should. But 50% of something is more than 100% of nothing.
I have been a professional songwriter for over 16 years. But it was not until this year that I decided to try my hand at self publishing. If you want to know how it's going, ask me in about a year and a half. I may say it's going great, or I may say that I bit off more than I could chew. Time alone will tell.
If you have songs that you think are worthy of being recorded, please don't be seeking someone to BUY your songs. Learn to use the proper words when dealing with industry professionals. Pitch your songs in a professional manner to publishers, producers and artists. Listen to their advice if they offer any. Please note that if a song is recorded, it will take at least a year before any money can be collected for it. Once someone agrees to use your song, it must be recorded. That process may take a month or even several months. Some artists have stretched out a recording for as long as a year. After it is recorded, it must be manufactured. After manufacturing, the record company will set a release date. It will then be shipped to retail outlets. Then the consumer will have a chance to purchase the product. It is not until then that the record companies pay the publishers on units sold during a three month period. After the publisher has been paid, then the songwriter is paid. So you see, songwriting is not a place where you can make a quick buck. And I have not even addressed the subject of companies that don't pay on time. That can delay the process even longer. So you had better be motivated by something other than money if you are going to be serious about writing Gospel Music. It can be a very slow process, but a very rewarding one when you see the lives that are touched by the work you have done for the Lord.
Until next time, keep on writing!
Reader Comments
Daryl,Isn't there some way that I can have seven of my friends over and they can buy your song, and then let seven others buy your song...... will that get me rich quick. Oh, I was thinking of the wrong business.
What great advice you are giving prospective song-writers. This article is but an example of many other areas in Godpel music that money is NOT going to be an immediate thing. Thanks for a very down-to-earth view of song-writing and the music business in general.
Deon Unthank
SoGospelNews.com
My Blog
Some people are like Slinkys… Not really good for anything, but they
still bring a smile to your face when you push them down a flight of stairs - Author Unknown
Hey, I'm on Amy's computer and that post was supposed to be from me. You guessed it, my computer CRASHED AGAIN.Deon
Deon Unthank
SoGospelNews.com
My Blog
Some people are like Slinkys… Not really good for anything, but they
still bring a smile to your face when you push them down a flight of stairs - Author Unknown
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Written: 10/01/2003 
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