You have a publishing contract on the table – or you're considering signing one. What do the individual clauses actually mean? What is standard, and what is negotiable? And where are the pitfalls that only become visible years later?

At its core, a music publishing contract is a copyright contract. It defines which rights the composer transfers to the publisher, how revenues are divided – and what the publisher is obligated to do in return.

The composer transfers the so-called exploitation rights to their works to the publisher. The publisher is then both entitled and obligated to actively market these rights: through contacts with artists and performers, record labels, advertising agencies and other interested parties. In return, the composer receives an agreed share of the revenues generated.

One point that is often too vague in practice: what the publisher is specifically required to do to market the rights should be set out in writing as precisely as possible. Formulations like "the publisher will endeavor to achieve the best possible exploitation" give the composer little recourse if the publisher remains inactive.

Exclusive author contract
The composer transfers the rights to all works created within a specified period – typically two years. A minimum number of works to be delivered during this time is often also agreed. Collaboration with another publisher is excluded for the duration. This type gives the publisher planning security – but leaves the composer with less flexibility.

Single title contract
Only the rights to specifically named individual works are transferred. The composer remains free to negotiate with other publishers for all other works. This is the more attractive option for many composers – particularly those with an established catalogue or who work across multiple genres.

The revenue split between publisher and composer depends on the type of right involved. For rights administered by collecting societies – such as GEMA (Germany), AKM (Austria), SUISA (Switzerland), PRS for Music (UK), or ASCAP and BMI (US) – fixed distribution plans apply:

For mechanical rights – covering physical recordings, streaming and downloads – the publisher typically receives 40 percent and the composer 60 percent.

For performance rights – covering live performances, radio and television broadcasts – the publisher receives one third and the composer two thirds.

For rights that fall outside the remit of collecting societies, shares are negotiated individually. This includes:

The synchronization right – music used in film and advertising. The standard split is 50/50, though this can shift in the composer's favor for highly successful works or established names.

The graphic right – sheet music editions and printed lyrics. For printed sheet music, a share of around 10 percent in favor of the composer is the typical starting point, though the exact terms vary. As digital sheet music editions no longer carry significant print costs, this area is increasingly open to renegotiation.

The grand right – stage performances in theaters and musicals. Shares are negotiated individually here as well.

If no duration is agreed, the statutory term of protection applies: 70 years after the death of the composer. That is rarely a sensible basis for a modern publishing contract.

Since the commercial success of most works becomes clear within a relatively short time after release, significantly shorter terms have become standard. Terms of 20 to 30 years are common, but shorter terms with renewal options are also negotiable. Contract duration should always be explicitly agreed – never left open.

One clause that appears in many publishing contracts and is frequently overlooked: the print waiver clause.

Many publishers have specialized in administrative publishing work and view the creation of sheet music editions as a logistical and financial effort that rarely pays off. The print waiver clause releases the publisher from the obligation to produce sheet music – while the right to do so remains with the publisher. A typical formulation: "The publisher has the right, but not the obligation, to publish sheet music editions."

The result is a deadlock: the publisher does not produce sheet music because it is not economically worthwhile. The composer cannot publish sheet music because the right belongs to the publisher. Fans ask for scores – and get none. Even successful songs often have no commercially available sheet music for exactly this reason.

Anyone signing a publishing contract should examine this clause carefully – and where possible negotiate that the graphic right remains with the composer, or that the publisher returns it within a defined period if unused.

For publishers and composers who want to publish sheet music editions without significant overhead, Soundnotation offers a direct solution: professional score creation and international distribution from a single source. More on our distribution page.

A music publishing contract is more than a formality. It determines how long and in what way someone else controls your works – and how you participate in the revenues they generate. The key checkpoints: choose the contract type deliberately, review the revenue split for each rights category, set the contract duration explicitly – and do not overlook the print waiver clause.

Anyone considering building their own music publishing company will find the essential groundwork in our guide to starting a music publishing company.