I’ve Been Accepted By a Publisher question

[gavbrown]

Hello Colleagues,

A work I submitted to a publisher has been accepted, and they have sent me a contract to sign. This is the first time this has happened, so I am not familiar with how this works, curious if anyone else has had a work published and if so, does their situation match mine. The basic details of the contract are that I assign exclusive copyright over to the publisher and remove all copies I have from the internet. In exchange, they put it up on their website for sale and I get 10% of the profits. If you have had something published, was it similar to my situation? Different?
Gav

[Joseph]

I never forfeit my copyright . . . NEVER! I've turned down offers to publish when it includes this requirement. That said, the majority of publishers want to own the copyright so you have to choose. I don't like that they say 10% of the "profits" the publishers I've worked with, though not worth much, generally offer 10% of the sales price. So you'll want them to explain that little idiosyncratic twist . . . Good luck!!

[gavbrown]

Thanks Joseph, for the reply. It is 10% of the sale.

[Joseph]

if you are willing to give up your copyright for 10% you may want to inquire as to their marketing strategies . . . but if your only care is to have your music published I guess it doesn't matter. I currently have contracts with two publishers, one is exclusive though I retain my copyrights, the other is non-exclusive, I can do whatever I choose with the music.

[gavbrown]

The money is of no interest to me. I also checked on a few other boards I am on and the responses were mostly that what is being offered to me is not atypical.

[mikelyons85]

Congratulations on the recognition, Gav. Well deserved.

I'm with Joseph on the copyright thing. I would be very loath to part with my rights to my own music, even if that meant they would not publish it. There have been far too many cases of publishers (in my terms) stealing artists' and composers' rights to their own music. Would a painter or sculptor do the same with their works?

[gavbrown]

Thanks MIke, I appreciate your input. As this is the first offer I have had in over 40 years of being a composer, I decided to go ahead and sign it. I have over the years made various efforts to get published and this is the first bite I've had-

[ttw]

You might check with a lawyer for some advice. Most are not too expensive for such discussions. I did (many years ago as will be demonstrated) on band organization contracts. He gave me (free) some mimeographed samples with blanks for names and options. when we offered to pay, he just said, "If you hit the big time, then remember me."

The publisher may be willing to change the copyright rules a bit; you give thim complete rights except that you reserve these to yourself too; removing from the 'net is OK.

Still, signing the contract may be good. It never hurts to get your foot in the door. And you can always write another piece.

[gavbrown]

Thanks Ttw, I jumped in on this first one. Once I’m lighting cigars with fifties and world peace has been established in response to my game-changing handbells piece, I figure I’ll bring in the lawyers, For now, it’s a first foot in the door and I don’t want to blow it.

[ttw]

When W. H. Handy had a tune stolen and published under another name, he decided that he could write better and it wasn't worth chasing the thief. "Memphis BLues" and "St Louis Blues" came later.

Rachmaninoff got more publicity from having his "Prelude in C# Minor" played (with his name attached) than he could have bought with the royalties. To some extent the adage, "There's not such thing as bad publicity," often works. Even weirder, Eli Culbertson (in the 1930s) would buy a new Rolls Royce each year and give the old one away with great fanfare. He said that he could never have bought that much publicity.

SO, I think you're ok.

[gavbrown]

Lol

[Kevin]

Just 10% Gavin?

[gavbrown]

Yes, 10%

[Joseph]

How did this ever work out for you, Gavin? Who is the publisher? Is the work available somewhere?

[Kevin]

Yes Gavin, how did things work out with the piece?

[gavbrown]

The Publisher is Hamar and the music is here >

www.scoreexchange.com/scores/trilogy-for-handbells-575217.html

If they have ever sold a copy, I have not heard about it.

[Kevin]

I have a few things with them and they do not do very well either.

[gavbrown]

I guess my mansion may not have a solarium after all.