How should you split the publishing?

Publishing is the composition: the melody, the lyrics, and the musical ideas that make the song. It is a different copyright from the recording. Artists, producers, songwriters, and other collaborators should agree who owns that song before it is released. This guide is a starting point for that conversation.

Not a contract, and not legal advice. U.S. copyright law does not assign a percentage to a role. The split is whatever the writers agree to, as long as the shares total 100%. Customs below are common in independent sessions. They are not rules, and other countries handle co-writers differently.

The decision

Who is actually entitled to publishing?

On the publishing split

Someone who contributed original expression to the song, and who intended that contribution to be part of one work with the others:

  • Lyrics
  • Melody or topline
  • A beat or instrumental that is the music of the song
  • Original songwriters, when you sample or interpolate their composition

Not on the publishing split

These people can still get paid. Pay them from the master (the recording), not from the composition:

  • A featured artist who only performed
  • A producer who tracked, edited, or shaped the recording without writing
  • An engineer or mixer
  • A session player
  • A manager, investor, or label, unless a publishing contract says otherwise

If you never write it down, you do not get a custom deal by default. BMI’s writer agreement pays co-writers in equal shares by headcount unless you send a different written division. ASCAP will not invent the split for you. Mismatched registrations hold the money. Under U.S. copyright law, the authors of a joint work co-own the song.

Start here

Build a starting split

Pick the session that matches yours, then rename people and change what they did. The numbers update as a proposal you can take into the room.

What does the beat license say?
Sample or interpolation

Publishing split
Who Writer’s share Publisher’s share Of $1,000 performance

The money column assumes each party self-publishes, so they keep both halves. A traditional publisher is paid the publisher’s share for the writer they signed. Your PRO pays the writer’s share of performance royalties directly. A publishing administrator collects the publisher’s share.

    Two copyrights

    Do not mix the master into the publishing split

    Every released track has two copyrights. Negotiate them on two documents.

    Composition (publishing)

    • Performance royalties, paid by PROs such as ASCAP, BMI, SESAC, and GMR
    • Mechanical royalties, when the song is reproduced on a stream, download, or disc
    • Sync fees, when the song is licensed to picture

    Sound recording (master)

    • What your distributor pays from streaming and sales
    • Producer points and featured-artist deals
    • U.S. digital performance royalties: by statute, 50% to the owner of the recording, 45% to featured artists, and 5% to funds for non-featured performers

    Producer points come out of the master. They do not create a writer’s share. If the same person wrote and produced, give them a publishing line and a separate master line. Say both numbers out loud. A 50% publishing share plus 4 master points is more than 50% of the record.

    Writer’s share and publisher’s share

    50% of the song is not the same form at every PRO

    Agree one number first: each writer’s percentage of the song. Those percentages total 100%. Performance royalties are then divided into a writer’s share and a publisher’s share. If you own 40% of the song and you self-publish, you are owed 40% of each half.

    Before release

    Write the split down, then register that exact split

    A handshake does not tell a society who to pay. If the registrations disagree, the money waits. Put this on a split sheet and have everyone sign it before the song is online:

    Each writer registers the song with their own PRO, using the same percentages. More on why a verbal 50/50 is not enough: the handshake does not get paid.

    Sources

    Where these starting points come from

    Once the split is signed, register those exact shares. Rightstune collects the publisher’s share for the writers who sign up. Your PRO still pays your writer’s share.

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