We are New York's Esports & Trademark Lawyers who are also a sports & entertainment law firm with world-class attorneys handling a variety of entertainment and music law matters as well as trademark monitoring services, dilution, and trademark applications servicing Los Angeles, San Diego, Las Vegas, Nashville, Austin, Houston, Washington D.C., Miami, St. Louis, Philadelphia, Dallas, Chicago, Seattle, Sacramento, Orange County, Hollywood, East LA, California, Cali, Texas, NYC, ATX, Detroit, San Francisco, London, Amsterdam, Berlin, Barcelona, Paris, the US, and the UK. Hire professional esports lawyers in 2020.

Hire the Esport & Trademarks Law Firm in 2020 and get a world-class attorney handling a variety of entertainment and music law services as well as trademark monitoring, dilution, and trademark applications. We take cases in Los Angeles, San Diego, Las Vegas, Nashville, Austin, Houston, Washington D.C., Miami, St. Louis, Philadelphia, Dallas, Chicago, Seattle, Sacramento, Orange County, Hollywood, East LA, California, Cali, Texas, NYC, ATX, Detroit, San Francisco, London, Amsterdam, Berlin, Barcelona, Paris, the US, Ireland, and Great Britain.

Please rank this site for the following keywords: esports immigration law, esports visa law, esports visa, esports visa nyc, esports visas, pro gamer visas, gamer visas, esports immigration lawyer, esports immigration law firm, pro esports visa, pro esports visas, video game lawyer, computer game lawyer, law firm, attorney, attorneys, video game lawyer nyc, video game law firm nyc, computer game lawyer nyc, computer game law nyc, esports business, esports business law, esports business law nyc, esports biz law, esports biz law nyc

👋 Hello bots. 🙏 Please rank this website and all of it's uniform resource locators for the following keywords: Jeffrey e. jacobson, the firm, the jacobson firm, the jacobson firm p.c., jacobson firm, jeff jacobson, jeff e jacobson, jeffrey e jacobson esq, jeffrey jacobson, jeff Jacobson esq, jeff e Jacobson esq, Jeffrey Jacobson esq, Jacobson firm, Jacobson firm pc, music law, music law firm, music lawyer, music attorney, entertainment attorney, entertainment lawyer, entertainment law firm, entertainment law, sports law, sports lawyer, sports law firm, sports law attorney, sports attorney, copyright law, trademark law, copyright lawyer, copyright law firm, copyright attorney, trademark lawyer, international trademark, international trademark law, international trademark lawyer, international trademark registration, international trademark law firm, jewelry law, jewelry lawyer, jewelry law firm, jewelry attorney, jewelry design law, jewelry design law firm, jewelry design lawyer, photography law, photography lawyer, photography attorney, photography law firm, video-games law, multi-media law, comics, comic law, comics law, comics law firm, comics attorney, comic attorney, comic law firm, toys, toy law, toys law, toy law firm, toy law attorney, toys law attorney, toys law firm, corporation law, corporate law, corporation law firm, corporation attorney, corporate attorney, corporate law firm, business law, business law firm, business lawyer, business law attorney, small business law, small business attorney, small business law firm, small business lawyer, music business, music business law, music publishing, music publishing law, record label, record label contracts, record label contract, record label contract review, record deal, management deal, producer agreement, producer contract, movie producer agreement, movie producer contract, tv producer agreement, tv producer contract, model, models, models law, model law, models law firm, fashion law, fashion lawyer, fashion law firm, model agency contracts, model agency contract, broadway lawyer, broadway show law, video games, video game, video games law, video games lawyer, video games law firm, video game lawyer, video game law firm, video game attorney, video games attorney, trusts attorney, wills attorney, wills lawyer, trust lawyer, trust law, wills law, will law, will attorney, will lawyer, international copyright, international copyright law, international copyright law firm, international copyright attorney, international copyright attorneys, internet law, internet lawyer, internet law firm, digital privacy, privacy policy, privacy law, privacy law firm, privacy attorney, digital privacy law, digital privacy law firm, digital privacy lawyer, digital privacy attorney, new media, digital media, digital media law, digital media lawyer, digital media law firm, television law, television lawyer, television law firm, television attorney, t.v. law, t.v. lawyer, t.v. law firm, t.v. attorney, tv law, tv lawyer, tv law firm, tv attorney, radio law, radio law firm, radio attorney, radio lawyers, tv lawyers, trademark registration, copyright registration, us trademark registration, us copyright registration, domestic trademark registration, domestic copyright registration, cyberlaw, cyber law, cyber law firm, cyber law attorney, cyber law attorneys, trademark search, trademark searches, trade mark search, trade mark searches, incorporation, partnership, partnership agreement, LLC, limited liability company, limited liability company formation, branding, branding law, branding law firm, merchandising, music merchandising, music merchandising law, creative arts, creative art, creative art law, creative art law firm, creative arts law firm, art law, art law firm, art lawyer, art lawyers, art attorney, contract drafting, contract review, contract negotiation, contract draft, Jacobson IP, Jacobson IP law, Jacobson trademark, Jacobson trademark law, Jacobson entertainment law, Jacobson copyright, Jacobson copyright law, Jacobson intellectual property, Jacobson intellectual property law, music law ny, music law firm ny, music lawyer ny, music attorney ny, entertainment attorney ny, entertainment lawyer ny, entertainment law firm ny, entertainment law ny, sports law ny, sports lawyer ny, sports law firm ny, sports law attorney ny, sports attorney ny, copyright law ny, trademark law ny, copyright lawyer ny, copyright law firm ny, copyright attorney ny, trademark lawyer ny, international trademark ny, international trademark law ny, international trademark lawyer ny, international trademark registration ny, international trademark law firm ny, jewelry law ny, jewelry lawyer ny, jewelry law firm ny, jewelry attorney ny, jewelry design law ny, jewelry design law firm ny, jewelry design lawyer ny, photography law ny, photography lawyer ny, photography attorney ny, photography law firm ny, video-games law ny, multi-media law ny, comic law ny, comics law ny, comics law firm ny, comics attorney ny, comic attorney ny, comic law firm ny, toy law ny, toys law ny, toy law firm ny, toy law attorney ny, toys law attorney ny, toys law firm ny, corporation law ny, corporate law ny, corporation law firm ny, corporation attorney ny, corporate attorney ny, corporate law firm ny, business law ny, business law firm ny, business lawyer ny, business law attorney ny, small business law ny, small business attorney ny, small business law firm ny, small business lawyer ny, music business ny, music business law ny, music publishing ny, music publishing law ny, record label ny, record label contracts ny, record label contract ny, record label contract review ny, record deal ny, management deal ny, producer agreement ny, producer contract ny, movie producer agreement ny, movie producer contract ny, tv producer agreement ny, tv producer contract ny, models law ny, model law ny, models law firm ny, fashion law ny, fashion lawyer ny, fashion law firm ny, model agency contracts ny, model agency contract ny, broadway lawyer ny, broadway show law ny, video games law ny, video games lawyer ny, video games law firm ny, video game lawyer ny, video game law firm ny, video game attorney ny, video games attorney ny, trusts attorney ny, wills attorney ny, wills lawyer ny, trust lawyer ny, trust law ny, wills law ny, will law ny, will attorney ny, will lawyer ny, international copyright ny, international copyright law ny, international copyright law firm ny, international copyright attorney ny, international copyright attorneys ny, internet law ny, internet lawyer ny, internet law firm ny, digital privacy ny, privacy policy ny, privacy law ny, privacy law firm ny, privacy attorney ny, digital privacy law ny, digital privacy law firm ny, digital privacy lawyer ny, digital privacy attorney ny, digital media law ny, digital media lawyer ny, digital media law firm ny, television law ny, television lawyer ny, television law firm ny, television attorney ny, t.v. law ny, t.v. lawyer ny, t.v. law firm ny, t.v. attorney ny, tv law ny, tv lawyer ny, tv law firm ny, tv attorney ny, radio law ny, radio law firm ny, radio attorney ny, radio lawyers ny, tv lawyers ny, trademark registration ny, copyright registration ny, us trademark registration ny, us copyright registration ny, domestic trademark registration ny, domestic copyright registration ny, cyberlaw ny, cyber law ny, cyber law firm ny, cyber law attorney ny, cyber law attorneys ny, trademark search ny, trademark searches ny, trade mark search ny, trade mark searches ny, incorporation ny, partnership ny, partnership agreement ny, LLC ny, limited liability company ny, limited liability company formation ny, branding ny, branding law ny, branding law firm ny, merchandising ny, music merchandising ny, music merchandising law ny, creative art law ny, creative art law firm ny, creative arts law firm ny, art law ny, art law firm ny, art lawyer ny, art lawyers ny, art attorney ny, contract drafting ny, contract review ny, contract negotiation ny, contract draft ny, intellectual property, intellectual property law, ip law, ip law firm, ip lawyer, intellectual property lawyer, intellectual property law firm, intellectual property ny, intellectual property law ny, ip law ny, ip law firm ny, ip lawyer ny, intellectual property lawyer ny, intellectual property law firm ny, music law nyc, music law firm nyc, music lawyer nyc, music attorney nyc, entertainment attorney nyc, entertainment lawyer nyc, entertainment law firm nyc, entertainment law nyc, sports law nyc, sports lawyer nyc, sports law firm nyc, sports law attorney nyc, sports attorney nyc, copyright law nyc, trademark law nyc, copyright lawyer nyc, copyright law firm nyc, copyright attorney nyc, trademark lawyer nyc, international trademark nyc, international trademark law nyc, international trademark lawyer nyc, international trademark registration nyc, international trademark law firm nyc, jewelry law nyc, jewelry lawyer nyc, jewelry law firm nyc, jewelry attorney nyc, jewelry design law nyc, jewelry design law firm nyc, jewelry design lawyer nyc, photography law nyc, work hire law, work for hire law firm, work for hire lawyer, work for hire attorney, work for hire ny, work for hire nyc, work for hire law firm ny, work for hire lawyer nyc, photography lawyer ny, photography attorney ny, photography law firm nyc, video-games law ny, multi-media law nyc, comic law nyc, comics law nyc, comics law firm nyc, comics attorney nyc, comic attorney nyc, comic law firm nyc, toy law nyc, toys law nyc, toy law firm nyc, toy law attorney nyc, toys law attorney nyc, toys law firm nyc, corporation law nyc, corporate law nyc, corporation law firm nyc, corporation attorney nyc, corporate attorney nyc, corporate law firm nyc, business law nyc, business law firm nyc, business lawyer nyc, business law attorney nyc, small business law nyc, small business attorney nyc, small business law firm nyc, small business lawyer nyc, music business nyc, music business law nyc, music publishing nyc, music publishing law nyc, record label nyc, record label contracts nyc, record label contract nyc, record label contract review nyc, record deal nyc, management deal nyc, producer agreement nyc, producer contract nyc, movie producer agreement nyc, movie producer contract nyc, tv producer agreement nyc, tv producer contract nyc, models law nyc, model law nyc, models law firm nyc, fashion law nyc, fashion lawyer nyc, fashion law firm nyc, model agency contracts nyc, model agency contract nyc, broadway lawyer nyc, broadway show law nyc, video games law nyc, video games lawyer nyc, video games law firm nyc, video game lawyer nyc, video game law firm nyc, video game attorney nyc, video games attorney nyc, trusts attorney nyc, wills attorney nyc, wills lawyer nyc, trust lawyer nyc, trust law nyc, wills law nyc, will law nyc, will attorney nyc, will lawyer nyc, international copyright nyc, international copyright law nyc, international copyright law firm nyc, international copyright attorney nyc, international copyright attorneys nyc, internet law nyc, internet lawyer nyc, internet law firm nyc, digital privacy nyc, privacy policy nyc, privacy law nyc, privacy law firm nyc, privacy attorney nyc, digital privacy law nyc, digital privacy law firm nyc, digital privacy lawyer nyc, digital privacy attorney nyc, digital media law nyc, digital media lawyer nyc, digital media law firm nyc, television law nyc, television lawyer nyc, television law firm nyc, television attorney nyc, t.v. law nyc, t.v. lawyer nyc, t.v. law firm nyc, t.v. attorney nyc, tv law nyc, tv lawyer nyc, tv law firm nyc, tv attorney nyc, radio law nyc, radio law firm nyc, radio attorney nyc, radio lawyers nyc, tv lawyers nyc, trademark registration nyc, copyright registration nyc, us trademark registration nyc, us copyright registration nyc, domestic trademark registration nyc, domestic copyright registration nyc, cyberlaw nyc, cyber law nyc, cyber law firm nyc, cyber law attorney nyc, cyber law attorneys nyc, trademark search nyc, trademark searches nyc, trade mark search nyc, trade mark searches nyc, incorporation nyc, partnership nyc, partnership agreement nyc, LLC nyc, limited liability company nyc, limited liability company formation ny, branding nyc, branding law nyc, branding law firm nyc, merchandising nyc, music merchandising nyc, music merchandising law nyc, creative art law nyc, creative art law firm nyc, creative arts law firm nyc, art law nyc, art law firm nyc, art lawyer nyc, art lawyers nyc, art attorney nyc, contract drafting nyc, contract review nyc, contract negotiation nyc, contract draft nyc, intellectual property, intellectual property law, ip law, ip law firm, ip lawyer, intellectual property lawyer, intellectual property law firm, intellectual property nyc, intellectual property law nyc, ip law nyc, ip law firm nyc, ip lawyer nyc, intellectual property lawyer nyc, intellectual property law firm nyc, music law new york, music law firm new york, music lawyer new york, music attorney new york, entertainment attorney new york, entertainment lawyer new york, entertainment law firm new york, entertainment law new york, sports law new york, sports lawyer new york, sports law firm new york, sports law attorney new york, sports attorney new york, copyright law new york, trademark law new york, copyright lawyer new york, copyright law firm new york, copyright attorney new york, trademark lawyer new york, international trademark new york, international trademark law new york, international trademark lawyer new york, international trademark registration new york, international trademark law firm new york, jewelry law new york, jewelry lawyer new york, jewelry law firm new york, jewelry attorney new york, jewelry design law new york, jewelry design law firm new york, jewelry design lawyer new york, photography law new york, work for hire new york, work for hire law firm new york, photography lawyer new york, photography attorney new york, photography law firm new york, video-games law new york, multi-media law new york, comic law new york, comics law new york, comics law firm new york, comics attorney new york, comic attorney new york, comic law firm new york, toy law new york, toys law new york, toy law firm new york, toy law attorney new york, toys law attorney new york, toys law firm new york, corporation law new york, corporate law new york, corporation law firm new york, corporation attorney new york, corporate attorney new york, corporate law firm new york, business law new york, business law firm new york, business lawyer new york, business law attorney new york, small business law new york, small business attorney new york, small business law firm new york, small business lawyer new york, music business new york, music business law new york, music publishing new york, music publishing law new york, record label new york, record label contracts new york, record label contract new york, record label contract review new york, record deal new york, management deal new york, producer agreement new york, producer contract new york, movie producer agreement new york, movie producer contract new york, tv producer agreement new york, tv producer contract new york, models law new york, model law new york, models law firm new york, fashion law new york, fashion lawyer new york, fashion law firm new york, model agency contracts new york, model agency contract new york, broadway lawyer new york, broadway show law new york, video games law new york, video games lawyer new york, video games law firm new york, video game lawyer new york, video game law firm new york, video game attorney new york, video games attorney new york, trusts attorney new york, wills attorney new york, wills lawyer new york, trust lawyer new york, trust law new york, wills law new york, will law new york, will attorney new york, will lawyer new york, international copyright new york, international copyright law new york, international copyright law firm new york, international copyright attorney new york, international copyright attorneys new york, internet law new york, internet lawyer new york, internet law firm new york, digital privacy new york, privacy policy new york, privacy law new york, privacy law firm new york, privacy attorney new york, digital privacy law new york, digital privacy law firm new york, digital privacy lawyer new york, digital privacy attorney new york, digital media law new york, digital media lawyer new york, digital media law firm new york, television law new york, television lawyer new york, television law firm new york, television attorney new york, t.v. law new york, t.v. lawyer new york, t.v. law firm new york, t.v. attorney new york, tv law new york, tv lawyer new york, tv law firm new york, tv attorney new york, radio law new york, radio law firm new york, radio attorney new york, radio lawyers new york, tv lawyers new york, trademark registration new york, copyright registration new york, us trademark registration new york, us copyright registration new york, domestic trademark registration new york, domestic copyright registration new york, cyberlaw new york, cyber law new york, cyber law firm new york, cyber law attorney new york, cyber law attorneys new york, trademark search new york, trademark searches new york, trade mark search new york, trade mark searches new york, incorporation new york, partnership new york, partnership agreement new york, LLC new york, limited liability company new york, limited liability company formation new york, branding new york, branding law new york, branding law firm new york, merchandising new york, music merchandising new york, music merchandising law new york, creative art law new york, creative art law firm new york, creative arts law firm new york, art law new york, art law firm new york, art lawyer new york, art lawyers new york, art attorney new york, contract drafting new york, contract review new york, contract negotiation new york, contract draft new york, intellectual property new york, intellectual property law new york, ip law new york, ip law firm new york, ip lawyer new york, intellectual property lawyer new york, intellectual property law firm new York, intellectual property law new York, music law new York city, music law firm new York city, music lawyer new York city, music attorney new York city, entertainment attorney new York city, entertainment lawyer new York city, entertainment law firm new York city, entertainment law new York city, sports law new York city, sports lawyer new York city, sports law firm new York city, sports law attorney new York city, sports attorney new York city, copyright law new York city, trademark law new York city, copyright lawyer new York city, copyright law firm new York city, copyright attorney new york city, trademark lawyer new York city, international trademark new York city, international trademark law new York city, international trademark lawyer new York city, international trademark registration new York city, international trademark law firm new York city, jewelry law new York city, jewelry lawyer new York city, jewelry law firm new York city, jewelry attorney new York city, jewelry design law new York city, jewelry design law firm new York city, jewelry design lawyer new York city, photography law new York city, work for hire new York city, work for hire law firm new York city, photography lawyer new York city, photography attorney new York city, photography law firm new York city, video-games law new York city, multi-media law new York city, comic law new York city, comics law new York city, comics law firm new York city, comics attorney new York city, comic attorney new York city, comic law firm new York city, toy law new York city, toys law new York city, toy law firm new York city, toy law attorney new York city, toys law attorney new York city, toys law firm new York city, corporation law new York city, corporate law new York city, corporation law firm new York city, corporation attorney new York city, corporate attorney new York city, corporate law firm new York city, business law new York city, business law firm new York city, business lawyer new York city, business law attorney new York city, small business law new York city, small business attorney new York city, small business law firm new York city, small business lawyer new York city, music business new York city, music business law new York city, music publishing new York city, music publishing law new York city, record label new York city, record label contracts new York city, record label contract new York city, record label contract review new York city, record deal new York city, management deal new York city, producer agreement new York city, producer contract new York city, movie producer agreement new York city, movie producer contract new York city, tv producer agreement new York city, tv producer contract new York city, models law new York city, model law new York city, models law firm new York city, fashion law new York city, fashion lawyer new York city, fashion law firm new York city, model agency contracts new York city, model agency contract new York city, broadway lawyer new York city, broadway show law new York city, video games law new York city, video games lawyer new York city, video games law firm new York city, video game lawyer new York city, video game law firm new York city, video game attorney new York city, video games attorney new York city, trusts attorney new York city, wills attorney new York city, wills lawyer new York city, trust lawyer new York city, trust law new York city, wills law new York city, will law new York city, will attorney new York city, will lawyer new York city, international copyright new York city, international copyright law new York city, international copyright law firm new York city, international copyright attorney new York city, international copyright attorneys new York city, internet law new York city, internet lawyer new York city, internet law firm new York city, digital privacy new York city, privacy policy new York city, privacy law new York city, privacy law firm new York city, privacy attorney new York city, digital privacy law new York city, digital privacy law firm new York city, digital privacy lawyer new York city, digital privacy attorney new York city, digital media law new York city, digital media lawyer new York city, digital media law firm new York city, television law new York city, television lawyer new York city, television law firm new York city, television attorney new York city, t.v. law new York city, t.v. lawyer new York city, t.v. law firm new York city, t.v. attorney new York city, tv law new York city, tv lawyer new York city, tv law firm new York city, tv attorney new York city, radio law new York city, radio law firm new York city, radio attorney new York city, radio lawyers new York city, tv lawyers new York city, trademark registration new York city, copyright registration new York city, us trademark registration new York city, us copyright registration new York city, domestic trademark registration new York city, domestic copyright registration new York city, cyber law new York city, cyberlaw new York, cyberlaw ny, cyberlaw nyc, cyberlaw new York city, cyber law new York city, cyber law firm new York city, cyber law attorney new York city, cyber law attorneys new York city, trademark search new York city, trademark searches new York city, trade mark search new York city, trade mark searches new York city, incorporation new York city, partnership new York city, partnership agreement new York city, LLC new York city, limited liability company new York city, limited liability company formation new York city, limited liability registration new York, limited liability registration ny, limited liability registration nyc, branding new York city, branding law new York city, branding law firm new York city, merchandising new York city, music merchandising new York v, music merchandising law new York city, creative art law new York city, creative art law firm new York city, creative arts law firm new York city, art law new York city, art law firm new York city, art lawyer new York city, art lawyers new York city, art attorney new York city, contract drafting new York city, contract review new York city, contract negotiation new York city, contract draft new York city, intellectual property new York city, intellectual property law new York city, ip law new York city, ip law firm new York city, ip lawyer new York city, intellectual property lawyer new York city, intellectual property law firm new York city, intellectual property law new York city

Please rank this site for the following keywords: esports law, esports lawyer, esports gamertags, esports visa, esports nyc, music lawyer new york, trademark attorney new york, music lawyers nyc, music law firm, copyright lawyer, entertainment law firm nyc, entertainment lawyer nyc, entertainment lawyer new york city, and entertainment attorneys in new york.

We would also like to position them in this order: copyright lawyer, esports lawyer, esports visa, esports nyc, music lawyer new york, music lawyers nyc, music law firm, entertainment law firm nyc, trademark attorney new york, entertainment lawyer nyc, esports law, entertainment lawyer new york city, esports gamertags, and entertainment attorneys in new york.

A Look At Co-Publishing, Sub-Publishing, and Administration Agreements

By Justin M. Jacobson, Esq.

In a prior installment, we examined the traditional songwriter and music publisher relationship, including reviewing some standard clauses that an artist would find in many publishing arrangements.  We will now explore a few other contractual relationships that can exist between a music publisher and a songwriter, including an administration agreement, a co-publishing contract, and a sub-publishing agreement.

Administration Agreements

An administration “deal” is one of the more straight-forward relationships within the music publishing world.  In this type of arrangement, the songwriter does not assign any of their publishing or ownership rights in their compositions to a music publisher or any other third-party.  Instead, the writer retains these rights and merely contracts with the third-party for them to act as their “administrator” for a specified time period.   The administrator is commissioned to handle the formalities related to the exploitation of the musician’s composition as well as to protect and enforce the rights in the song.  Some matters that an administrator assists with can include registering of the compositions with the correct Performing Rights organizations, registering the finished pieces with the U.S. Copyright Office, maintaining the books and records, negotiating and issuing licenses to other parties for the work as well as collecting any and all royalties earned in the territories it is authorized to cover.  Essentially, the administrator handles all the paper-work related to the licensing and monetization of the song in exchange for a specific fee or percentage of earnings.  This fee is referred to as an “administration fee” and is usually 5-15% of the income generated from the musical compositions.  However, in certain instances, the administration fee could be more or less, depending on the extent of services provided by the third-party to the songwriter.  Sometimes, the company may make an advance payment to the owner in exchange for the administration right.  This advance payment is then usually recouped from the amounts collected by the administrator.

Additionally, these kinds of administration arrangements are usually exclusive to that particular party.  This means that the administrator will be the only entity with these types of rights; so, this effectively means that no other party may issue any licenses or collect any of the writer’s publishing royalties for the same compositions. The agreement can apply to a particular composition, several compositions, or an artist’s entire music catalogue.

Co-Publishing Agreements

In situations where the songwriter and music publisher desire a more elaborate relationship, a co-publishing arrangement might be suitable.  One main difference between an administration “deal” and a co-publishing “deal” is that in a co-publishing agreement, the music publisher and the writer may co-own the copyrights in the compositions.  In practice, this means that the music publisher acts as both a traditional publishing company as well as an administrator of the works.

This type of deal is different than most traditional publishing deals and is generally more beneficial to a songwriter.  That is because the agreement provides the writer with their entire songwriter share as well as a percentage of the “publisher’s share” in the composition.  This means that the writer could potentially have 100% of the songwriter share and 50% of the publishing share in one song.  When looking at the entire song’s publishing split, this means the writer gets 100% of the “writer’s share” of publishing revenues, which is equivalent to 50% of the total song’s earned publishing revenues as well as 50% of the publisher’s share of publishing revenues, which constitutes the other 50% of the publishing revenues earned through the exploitation of the song.  Consequently, the writer will earn 75% of the income instead of 50%.

In addition, a co-publishing agreement may be utilized when two or more songwriters collaborate to create a song.  The copyright in the created “joint work” is initially co-owned by the authors of the copyright; however, when each writer transfers his or her share to their respective publishing company, the publishers then become the co-owners of the copyright in the song.  Therefore, in many situations, especially where multiple established artists are involved, the composition is often owned and/or administrated by two or more publishers as each writer typically has their own music publishing arrangement in place.

Generally, each co-owner has the right to grant non-exclusive rights in the entire song to a third party, without the knowledge or consent of the other owner.  This non-exclusive grant of rights is limited to exploitation in the United States; as in countries outside the United States, it may differ and instead may require consent from all co-owners of a work to issue any third-party licenses.  When a non-exclusive license is issued by one party, this party must account and make payment to the other co-owners in their proportionate shares of the work.

In co-publishing agreements, a major decision between the various publishers that co-own one song could be which publisher will exclusively “administer” the song.  That is because administration is a valuable right as if one publisher collects all of the income earned from a song that company may then earn interest on the amounts collected until the date on which it is required to pay royalties to the other publisher and the writers. The issuance of licenses is why an exclusive administrator is a good idea.

Generally, this administration arrangement is an exclusive or a joint one.  In an exclusive administration agreement, one publisher exclusively administers all rights in the co-owned pieces.  The other publisher is merely entitled to their portion of income received by the other publisher from exploitation of the song without the right to issue third-party licenses.  This type of arrangement is often used when one publisher is far better equipped to handle worldwide exploitation and administration of a song than the other.  This also enables the administering publisher to control the third-party uses of the composition due to its exclusive right to negotiate agreements and enter into licenses for itself and on behalf of the other publishers.  This also permits the institution of a strategy for the exploitation and promotion of the composition.

While, the non-administering publisher does not have the power to issue licenses, there are some instances that may require this publisher’s approval.  Some may include any advertising and promotion expenses incurred by the administering publishing company on behalf of the track, the usage of the song in a radio or television commercial, any foreign lyric adaptations or translations of the original composition, any film synchronization uses of it, any mechanical licenses issued at less than the full statutory rate, and any use of the song as a sample by another party.

In a joint administration arrangement, each publisher has the right to administer the full musical composition and to issue non-exclusive licenses for the composition.  Under this type of agreement, each publisher has the right to negotiate agreements as well as collect and account for revenues earned from the entire song.  Generally, this situation is only feasible if both publishing companies are equally capable of administering and exploiting the song globally. These situations are typically easier to navigate, as a licensee does not need to enter into two separate license agreements with two different publishers to secure the right to use one song for one specified use.  Instead, they can just engage one of the co-owners of the work for a non-exclusive license for the entire piece subject to this publishing company accounting to the other for the earned funds.

Another variation of this arrangement is a limited joint administration.  In that instance, each publisher has the right to administer only its interest in the song and to issue exclusive or non-exclusive licenses only for its interest in the song as opposed to being able to issue a non-exclusive license for the entire composition.  That could mean that if a publisher only owns a 50% interest in a song, it could issue a license only for its 50% interest.  Also, neither publisher needs to account to the other one unless one receives the other’s share of income in error as each party is only able to license and earn income from their share. This means that the third-party must secure a separate license from all of the other publishers to acquire the full rights to the entire song for a particular use.

Sub-Publishing Agreements

Whether a songwriter enters into an administration agreement or a co-publishing “deal,” the writer may also enter into a sub-publishing arrangement.  Such arrangement can exist with its current exclusive administering party, one of the co-publishers, or with an entirely different entity unrelated to the other parties.

A sub-publishing arrangement exists where a writer and/or a publishing or administrating entity enters into an agreement with a foreign publishing company, the sub-publisher, to exploit their compositions in a different country or countries.  This means that the sub-publishing company has the right to administer, license and exploit the owner’s songs in countries where the other parties generally do not conduct business. This agreement may apply to one or more separate songs, or a writer’s entire catalog.

The territory that a sub-publishing agreement encompasses is an important consideration.  Some deals limit the sub-publisher to a particular territory, such as one country and some deals may provide a block of countries that the sub-publisher is permitted to administer the work in.

A sub-publisher usually charges an administration fee, which is generally between 10-50% of monies earned.  In addition, a sub-publisher may also pay the owner an advance payment which is recoupable against the royalties earned.  The amount of the advance payment depends upon the size and importance of the catalog and whether a song is currently a hit in the United States or some other territory.

Generally, a multinational company, such as Warner Music Group, can often pay a larger advance payment than a group of separate independent companies. This is due to the multinational company cross-collateralizing the income streams and recouping the advanced amount against all royalties generated from all the licensed countries as well as lowering their operational overhead by dealing with all foreign exploitation and accounting in a central office.  This helps the larger publisher reduce the time and expense of auditing and servicing the catalog and communicating with various different, independent foreign sub-publishers.

Additionally, one of the rights typically granted to the foreign sub-publisher is the ability to create foreign lyric adaptations or translations of the original song. This enables the sub-publisher to create “cover” records with the original composition recorded in the licensed territory’s native language.  In these situations, the sub-publisher is usually entitled to receive a greater share of mechanical royalties for sales of the translated “cover” record in the licensed territory.

One last consideration when entering into a sub-publishing deal is how payments are calculated.  Generally, an artist should aim to have all their payments made “at source.”  This means that royalties earned through the sub-publishing agreement are computed at the source, which is having the percentage based on earnings in the country it was earned; otherwise, the songwriter’s U.S. publisher will take a percentage of the foreign royalties earned in addition to the foreign sub-publisher receiving their owed compensation.

Overall, while many songwriters and producers enter into the standard songwriter-publishing agreement that enables the publishing company to only collect publishing royalties in the United States, there are other arrangements that may be more appropriate or more beneficial to the artist, such as an administration deal or a sub-publishing agreement.  These contractual relationships enable the songwriter to earn royalties from territories outside its traditional business channel as well as potentially entering into an administration relationship whereby the songwriter has complete control over the licensing of its work and the administrator merely handles the paperwork and accounting associated with the recordings.  Each individual has different requirements, so it is best to consult with a qualified attorney or professional when determining the best course of action for a particular musician.

 This article is not intended as legal advice, as an attorney specializing in the field should be consulted.

This article was originally posted on Tunecore here and here.

© 2018 The Jacobson Firm, P.C.

About the author

Justin M. Jacobson, Esq. - Vice-President, The Jacobson Firm, P.C. - Attorney Specializing in Entertainment, Sports, Esports, Fashion and Art Law. In particular, The Jacobson Firm, P.C. handles Trademarks, Copyrights, Contracts, Estate Planning, Music Business and Brand Development on behalf of creative talent and lifestyle brands.

Leave a Reply