When you are trying to build a career in the music business, it's a must to realize the difference between a publisher and a record label. Many musicians and songwriters ask themselves whether they need either or both and how that might affect their career. So here is a rundown of what they do, who needs what, and the things they have in common.
What Is a Music Publisher?
Music publishers take care of promoting and making money from musical compositions. They make sure that songwriters get paid for their compositions and work to create opportunities for those music pieces to be performed and reproduced. They do not deal with recordings but focus on songwriting and publishing rights. The main aim is to make sure songwriters get paid from different sources, like:
- Mechanical royalties (from streaming, downloads, and physical sales)
- Performance royalties (from radio play, live performances, and public broadcasts)
- Synchronization fees (for TV, movies, commercials, video games)
- Print music sales
A publisher usually helps secure opportunities for songs to be placed in media (sync licensing), collects royalties from performance rights organizations (PROs) like ASCAP, BMI, SESAC, or PRS, and helps with song pitching and co-writing opportunities.
Does a Music Publisher Own Copyright?
It depends on the publishing deal. In a traditional publishing deal, publishers may own a portion of the copyright (often 50% or more). In an administration deal, the songwriter retains ownership while the publisher collects royalties for a fee. The royalties also depend on the agreement (usually 10-50%).
Is It Worth Getting a Music Publisher?
If you are a songwriter looking to maximize royalties and secure licensing deals, a publisher can be a valuable partner. However, independent artists who self-publish (and register with a PRO) can still collect publishing royalties without signing away rights. However, it will be harder to protect your rights in the legal sphere without signing a contract with a publisher.
Who Are ASCAP, BMI, SESAC, and PRS
ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music, Inc.), SESAC (Society of European Stage Authors and Composers), and PRS (Performance Rights Society) are performance rights organizations (PROs). There are also other organizations like these around the world.
They collect and distribute performance royalties to songwriters and publishers when their music is played out in public, including on radio, TV, streaming platforms, and live performances.
Should I Join PRO as a Songwriter or Publisher?
If you only write songs and don’t control your publishing, register as a songwriter. If you own your publishing or self-release music, you should register as both a songwriter and a publisher to collect 100% of your royalties.
What Is a Music Distributor?
A music distributor is responsible for getting an artist’s music onto streaming platforms like Spotify, Apple Music, and Amazon Music, as well as digital stores. They are the ones who make sure that music reaches a global audience, connecting record labels or independent artists with streaming services. There are two main types of music distributors:
- Traditional distributors who work with record labels and often require a contract or revenue-sharing model. Examples include The Orchard and Universal Music Group.
- Digital distributors (Aggregators) – these platforms allow independent artists to distribute music directly without a record label, such as the ones you can see on Spotify’s recommended providers page. Examples include DistroKid, TuneCore, CD Baby, and Ditto Music.
Key responsibilities of a music distributor are uploading and distributing music to streaming services and online stores, collecting royalties from streaming and sales revenue, providing analytical tools to track streams and earnings, and managing content delivery and ensuring metadata is correct.
What Is a Record Label?
A record label handles the sound recording (master rights) and focuses on an artist’s recording, distribution, and promotion. They invest in producing, marketing, and distributing an artist’s music to reach target audiences through streaming platforms, radio, and retail outlets. They pay for things like studio time, producers, and session musicians, and they manufacture and distribute both digital and physical releases. They also do marketing and promotion through radio airplay, social media campaigns, and PR. Labels also help artists with their development through career strategy, branding, image consulting, and touring support, sometimes funding or organizing tours.
In sum, while both music publishers and record labels work to support artists and maximize revenue, their areas of focus are different.
Do Record Labels Own Copyright?
Usually, record labels own the copyright to the master recording, while songwriters or music publishers own the composition copyright (lyrics and melody). When an artist signs a deal, the label often funds the recording in exchange for ownership of the master, meaning they have control over distribution, licensing and royalties from streams and sales. However, independent artists who self-release music keep full control of their masters. Some artists decide to keep their rights by negotiating licensing deals, while others, like Taylor Swift, decide to re-record their music to get ownership back.
Read also: What Does It Mean to Own Your Masters? Explained
Record Label vs. Music Publisher: What's the Difference?
As you can see, record labels and music publishers are quite different.
Music publisher focuses on the composition copyright, basically making sure songwriters and composers get paid for their work. They handle things like performance, mechanical, and synchronization royalties, and they also help to get licenses for films, TV shows, and adverts. They are also in charge of registering copyright protecting the creative work, and making sure the artists collect all the possible revenue. They also work with songwriters to develop creative opportunities, such as collaborations or songwriting camps.
Record label focuses on the master recording rights, meaning they work with the actual recorded version of a song. Labels manage recording sessions, market artists and their music, distribute music to streaming platforms and physical stores, and support artists through PR campaigns and touring opportunities. They take a more active role in an artist’s branding and career development, while publishers work behind the scenes to ensure songwriters get paid for their compositions. A label may sometimes offer publishing services, but these are two distinct roles.
Who Protects Your Rights?
These two organizations both help artists protect different parts of their music careers. A record label is responsible for defending and monetizing the sound recording, while a music publisher is responsible for songwriting rights, legal protection, and generating revenue.
Let’s look at how these two may act in a real-life situation. Imagine an independent artist, Roger, who writes and records an original song called Late Evening. A few months later, Roger’s fans tell him that another artist, DJ Snake, has released a track called Evening Later, which sounds almost identical to Roger’s song. The only difference is that DJ Snake slightly sped up the tempo and added new beats – but the melody and lyrics are clearly the same. What makes the situation even worse is that the song attracts many listeners on Spotify, and Roger receives no credit or royalties.
Scenario 1: If Roger Has a Record Label
When Roger finds out that DJ Snake has stolen his song, he gets in touch with his label‘s legal and A&R team straight away. How the label responds:
- The label’s legal team files a Digital Millennium Copyright Act (DMCA) takedown request with streaming platforms, demanding the removal of Evening Later.
- The label uses YouTube Content ID and Meta Rights Manager to automatically detect and claim ad revenue from videos using the infringing song.
- The label’s lawyers contact DJ Snake’s distributor and threaten legal action. To avoid a lawsuit, DJ Snake could agree to remove the song from all platforms and pay damages based on the streams and revenue generated.
- DJ Snake might also damage his reputation, making it harder to release music in the future.
Scenario 2: If Roger Has a Music Publisher
Roger is an independent artist, but he has a publishing deal to manage his compositions and collect royalties. When he finds out about the stolen song, he contacts his music publisher instead of a label:
- The publisher’s legal team sends a formal cease-and-desist letter to DJ Snake, demanding that he remove the song and stop profiting from Roger’s composition.
- Since Roger’s song is registered with ASCAP, the Publisher works with them to claim performance royalties that DJ Snake might have earned.
- The publisher lets the sync licensing agencies know about the song, so DJ Snake can’t legally use it in movies, TV shows, or adverts.
- If Roger wants to compromise, the publisher negotiates a deal where DJ Snake credits Jake as a songwriter, making sure he earns mechanical royalties from every stream going forward.
As a result, even without a record label, Roger still gets his fair share of royalties and makes sure his song is officially recognized as his original work.
Knowing how these different parts of the business work together is key. It helps you as an artist make wise decisions about your career, making sure you have control over your music and the money you make from it. As the industry changes, it is essential to know about these roles and how they adapt to new business models if you want to be successful in the long term.
