Music Publishing · Part 2
Types of publishing agreements, contract law, authorisation, the Akte van Cessie, and revenue sources
Working with a Publisher: When and Why?
Working with a music publisher is not an obligation. There are examples of authors who have achieved success independently. But working with a publisher can be enormously helpful in building a sustainable career — whether you are just starting out or already well-established.
If you are at the start of your career, you want to focus on writing as much content as possible. A publisher can clear the business path for you — handling administration while you compose.
If you already have a track record, a publisher brings network access, accurate income collection across territories, and strategic thinking for your 'next step'. Some publishers also offer advances.
Types of Publishing Agreements
There are multiple ways to structure a publishing relationship. Understanding each model helps you choose the right partnership — and negotiate effectively.
The most basic form: the publisher represents the exploitation rights for one specific work. The agreement specifies the territory (often 'worldwide'), term, and a comprehensive list of exploitation forms — from sheet music sales and mechanical reproductions to sync, streaming, and grand rights.
- →Territory usually 'World' (sometimes 'Universe')
- →Term: historically 'life of copyright'; modern contracts increasingly use shorter fixed terms
- →Publisher receives 1/3 share via Buma/Stemra (+ 50/50 split in sub-publishing)
- →Includes audit clause — the author may inspect the publisher's books
When both parties want to work together exclusively and long-term, an exclusive publishing agreement is signed. All works created during the term (1–5 years typically) become part of the collaboration via individual title agreements.
- →Author must submit all new works within an agreed period, including audio files for fingerprinting
- →Exclusivity clause: author cannot sign similar deals with another publisher
- →May include an advance payment (see Akte van Cessie below)
- →Typically includes automatic renewal clauses — check and negotiate opt-out windows
A more advanced model for established authors. The author becomes a partner in a sub-fund managed by the publisher. The author brings in their own works AND can sign other talented authors into the fund (e.g. artists they mentor, produce, or collaborate with).
- →Author receives a 'kickback' — a share of the publishing income from the entire fund
- →Kickback level depends on historical success or projected revenue tiers
- →The fund has its own name (often the author's studio or label name)
- →Acts as an external A&R source for the main publisher — expanding the talent pool
An existing publisher (or self-publishing author) outsources administrative (back-office) tasks to another publisher. At the end of the term, all works and rights return to the original owner. Good for publishers who need administrative muscle without giving up creative control.
- →Admin partner earns a percentage of turnover; balance paid to original publisher
- →May extend to proactive front-office tasks (pitching covers, co-writes, syncs)
- →Works created via admin partner's proactive efforts may get longer terms or co-publishing status
Two or more publishers share the publishing rights to a work. Common when a label, broadcaster, or ad agency invests in producing a work and requires a share of publishing income in return for their investment. Not to be confused with a 'kickback' arrangement.
- →Each co-publisher typically registers their own share independently with CMOs
- →Commonly used in writer camps, sync deals, and label-funded productions
- →The combined publisher shares must equal 100% of the publisher's third
A sub-publisher represents an original publisher's catalogue in a specific foreign territory for a defined period (typically 3 years). They collect the publisher's share locally and pass it back to the original publisher minus an agreed percentage.
- →Admin fee: typically 10–20%, rising to 50% for proactive successes (local cover, co-write, sync)
- →International BIEM rules allow sub-publishers to collect 50% mechanically + 50% performance (instead of the local 1/3 split)
- →Major publishers use their own international offices as sub-publishers; independents build partner networks
- →Even Belgium counts as 'abroad' — local representation there is already worthwhile!
Royalty Split: Who Gets What?
The royalty division depends on which type of publishing relationship is in place:
Authorisation & Remixes
An authorisation can be granted to an author who has written new lyrics for an existing work. The publisher can, on behalf of the original author, grant permission and sometimes assign a small share to the new text author.
When a DJ is asked to remix a track, no 'authorisation' is typically used. Instead, a new authorship split is agreed specifically for that remix version (which can then be registered separately at CMOs with the remix title as a subtitle).
Advance Payments and the Akte van Cessie
A publisher can invest financially in a collaboration by paying the author an advance (voorschot). An advance is a pre-payment against future income — not a gift. It is recouped from the author's future royalties.
- Author and publisher sign an Akte van Cessie (deed of assignment)
- This document is sent to Buma/Stemra
- Buma/Stemra redirects the author's royalty income (their 1/3 as composer + 1/3 as lyricist) to the publisher
- This continues until the full advance has been recouped (ingelopen)
- Once repaid, Buma/Stemra resumes paying the author directly
Dutch Copyright Contract Law (Auteurscontractenrecht)
The Dutch Copyright Act has been in force since 1912 — but until 1 July 2015, it contained almost no rules governing the relationship between an author and their publisher. The Wet Auteurscontractenrecht changed this significantly, strengthening the author's position in several key areas:
These provisions apply to all natural persons (not legal entities). After the author's death, heirs can inherit full copyright rights. All provisions also apply to performers under the Neighbouring Rights Act.
Publisher Income Sources: The Full Picture
A publisher — and therefore a composer — has access to a wide range of income streams. The more actively the publisher exploits the catalogue, the more income flows from these diverse sources:
Key Organisations in Dutch Music Publishing
The sole Dutch CMO for copyright income — Buma (performance) and Stemra (mechanical).
https://www.bumastemra.nlNederlandse Muziekuitgevers Vereniging — trade association for Dutch music publishers, founded 1992.
https://www.nmuv.nlFederatie Muziek Auteurs- en Uitgevers — CMO for reprography (photocopying) of sheet music and lyrics.
https://femu.nlInternational Confederation of Music Publishers — the global trade body for music publishers.
https://www.icmp-ciem.orgColoured boxes throughout the chapters carry consistent meaning: