The Songwriter and the Publisher: PROTECTION AND DEVELOPMENT OF A REPERTOIRE

Through a contractual agreement, the songwriter assigns to the publisher the right to represent him/her in all matters regarding the protection, the exhibition and the exploitation of his/her patrimonial rights.

The relationship songwriter/publisher will be based on the objectives which the publisher proposes to achieve. The publisher receives a mandate to achieve these objectives which remain, nevertheless and at all times, bound by the songwriter's moral right to define limits to the use of his/her repertoire. Thus, the publisher can never substitute himself to the songwriter who remains ever master of his/her patrimony.

Among other tasks, the publisher will have to defend the songwriter in his dealings with the different professions of the entertainment industry: performers, record labels, tour organisers and any potential user of the songwriter's repertoire.

The publisher is the only professional element in the entertainment industry to represent exclusively the interests of the songwriter. As such, he works in close consultation with the producer, the agent or the manager. The publisher is also an important financial player in this industry.

I. PROTECTION OF THE REPERTOIRE

This is an essential part of his assignment because the monetary returns from the exploitation of the repertoire that has been entrusted to him depend on it.

The first task of the publisher is to make sure that the repertoire has been properly registered with the boards and societies whose function it is not only to recognise the paternity of the works but also to collect the rights derived from their exploitation. Present and future remuneration of the author are dependent on the quality of this protection.

The work of the publisher consists in particular in registering the copyright of the songwriter's works with the Indian Performing Rights Society (IPRS) for the national territory and with foreign societies for foreign territories. Control of the registered repertoire and registering of new songs : thus the publisher entertains a permanent relationship with the collective performing rights management societies.

The mandate of the publisher enables him also to represent the songwriter at the administrative level and discuss the remuneration that is due to the author whom he represents. It will be the publisher's duty to collect all the proofs of the exploitation of his author's repertoire, both at the national and the international level.

The publisher will regularly take stock near the IPRS — which has reciprocal agreements with similar foreign societies — of the collection of the rights generated by the songwriter's repertoire, both nationally and internationally. The publisher will also be concerned about the speed of these disbursements.

In order to reinforce his work in each territory, the original publisher will constitute a network of sub-publishers by sub-contracting the repertoire to a local publisher. Thus, Deep Emotions Publishing can, for example, partly delegate to a German publisher (against a remuneration deducted from the original publisher's share) to do for the repertoire in Germany what it already does in India: protection, exploitation and promotion of the repertoire.

The German sub-publisher will be bound to provide regular information on the use of the songwriter's repertoire in that country.

The protection of the repertoire will be all the more efficient as the publisher is himself financially concerned by the use and misuse of the repertoire and has mandate to represent the interests of the songwriter in a court of law.

II. EXPLOITATION AND DEVELOPMENT OF THE REPERTOIRE

The publisher defines a number of strategies which will offer a higher "visibility" and better exploitation of the repertoire, both nationally and internationally.

A) EXPLOITATION THROUGH RECORDS

If, at the time of signing up a new author, part of his/her repertoire is also exploited through records, the first preoccupation of the publisher will be to define with the record company the development of the forthcoming albums.

Based on its international experience, Deep Emotions Publishing intends to play an important role near the record companies and help them to search for a better international exploitation of their productions.

Within India, Deep Emotions Publishing will promote the interests of the songwriter near the record label with which he/she has already contracted. This collaboration implies the participation of the publisher in all decisions regarding the presentation, the communication and the distribution of the images bound with the author and his repertoire — whether he/she is also its performer or not. This collaboration with the producer implies a participation by the publisher in some investments which were borne up to then by the producer alone (promotion, video clips, etc.).

The publisher has also the task of presenting the songs of the author to both national and foreign producers in order to encourage their distribution. This is particularly true for the exploitation of old repertoire : a compilation is often a good device for the publisher to reactivate part of the catalogue.

In some territories where the producer is not directly present, the publisher can act as a helper or stand-in for the producer and promote deals with a local distributor. Even in territories where no sub-publishing deal has been made, the publisher sends a mailing to the record labels and producers in order to encourage the inclusion of the songwriter's works in records made by local artists, the objective being to establish the songwriter's presence in a maximum of territories.

B) PUBLIC PERFORMANCE

Another objective of the publisher is to promote the public performance of the songwriter's repertoire in liaison with the performer's agent. The publisher must define the place which the public performance holds in his quest for a wider exhibition of the repertoire.

From the point of view of the publisher, the public performance plays an important role in promoting the repertoire even though the financial returns generated by it today in India are insignificant.

Concretely, Deep Emotions Publishing will associate with the producer/agent in sending information and promotional material to the organisers of concerts, especially abroad. Thereafter, it is the role of the agent to manage and develop these contacts.

A financial participation of the publisher in these concerts can be envisaged by mutual agreement with the songwriter.

C) BROADCASTING

Broadcasting is both an important element in the promotional strategy and an important source of revenue considering the high royalties paid in some countries by the radio and television networks. In many European countries the broadcasting rights match or exceed the revenue from mechanical rights.

Here too the publisher plays an important role in the promotion of the repertoire by sending — when the producers have not done it — promotional material to the radio stations. Specialised radio stations will be targeted in the case of a niche repertoire.

Finally, it is impossible to speak of broadcasting without tackling the question of the video images of the performance of the songs, either through clips or through the recording of live performances.

As the costs of video production are very high, the publisher will have to search for additional finance among the partners of the artist : record company, concert organisers, sponsors... A partnership with one or several TV networks is another way to ensure that the work is broadcasted.

The work of the publisher consists also in endeavouring to associate the songwriter's work with images in such diverse fields as advertising, films, telefilms or even documentaries. This association constitutes a use which was not originally intended for the work; hence, specific negotiations with the users will be required, but always in close coordination with the author (who may not wish to be associated with an ad for alcohol, or for cigarettes, etc.).

Besides such use of his repertoire, the publisher's contacts with the above users often give rise to orders for specific compositions (music for an ad, for a film...). If the songwriter so desires, the publisher can extend his search for this type of collaboration to any source of image production.

E) REPRODUCTION

The reproduction in any kind — books, magazines, T-shirts, partitions, etc. — of the text and/or the music of a song must be authorised by its author.

This form of exploitation of a work is not dominant anymore and the rights that it generates are insignificant; however, it is part of the traditional prerogatives of a publisher's profession and must be exercised. It is sometimes a very appropriate way of promoting a repertoire among specialized groups (musicians, specialised magazines, students, etc.) A good quality print reinforces the good image of a repertoire.

F) ADAPTATION

When we speak of adaptation, most of the time we mean the text because language can be an obstacle to the circulation of a song in a foreign territory. An adaptation will facilitate the exhibition of a song in some territories. But we also speak of adaptation when we adapt a melody on a text which may or may not have had a melody (i.e. : adapting the words of a national hymn to a rap melody).

III. CONCLUSION

This, in short, is the work of a publisher. The real, daily work is of course more concrete and more precise and must respond to the customs and expectations of the professionals together with whom the publisher develops the repertoire.

In order to obtain good results, the publisher must establish a good relationship with all those who contribute—record company, producer, agent etc.—to the development of the songwriter's repertoire which is, after all, what the music industry is all about.

But the publisher's primary relationship rests with the songwriter.