A publishing or administration deal can shape your income for a decade or more. The headline advance gets the attention, but the terms around it decide how much you actually keep and when you get your rights back. Use this checklist before you sign anything.
1. Deal type
Know exactly what you are being offered:
- Full publishing deal. The publisher takes ownership of 100% of the publisher's share of your songs, usually in exchange for an advance and active exploitation. This is the least common today.
- Co-publishing deal. You keep ownership of part of the publisher's share. A typical outcome is that the writer ends up with around 75% of total income and the publisher with around 25%, but splits vary.
- Administration deal. You keep ownership of your copyrights. The administrator registers, collects and licenses for a fee, commonly in the range of 10% to 20% of income, often with a smaller or no advance.
2. Advance and recoupment
- What is the advance and how is it paid (on signing, on delivery, per album)?
- What income recoups it? Only your share, or other sources too?
- Is the deal cross-collateralized with other agreements, meaning income from one deal pays back advances on another? Avoid this where possible.
- Are advances non-returnable if they never recoup? They should be.
3. Royalty splits by income type
Check the split for each stream separately: mechanicals, performance (publisher's share), sync, print and digital. Pay special attention to sync, where a small difference in split can mean a lot of money on a single placement.
Also check whether royalties are calculated on at source income (what is earned in the country where it is generated) or on receipts (what reaches the publisher after foreign sub-publishers take their cut). At source is better for you.
4. Term, retention and minimum delivery
- Term: how long the deal lasts, often a number of years or album cycles.
- Minimum delivery commitment: how many songs you must deliver, and whether co-writes count as a full song or a fraction.
- Retention period: how long the publisher keeps the songs after the term ends. This is often the most important number in the contract.
5. Reversion clauses
Reversion is when rights return to you. Look for:
- A fixed reversion date after the term or retention period.
- Reversion of songs that the publisher has not exploited within a set time.
- Reversion if the advance is recouped by a certain date.
- What happens if the publisher is sold or goes bankrupt.
6. Audit rights
You should be able to audit the publisher's books, usually once a year, with a reasonable period (at least two or three years) to object to statements. The contract should say the publisher pays for the audit if an underpayment above a threshold, often 5% or 10%, is found.
7. Creative controls and approvals
- Approval over sync in sensitive categories such as political ads, tobacco, firearms or adult content.
- Approval over lyric changes, translations and samples.
- Whether the publisher can grant free or discounted licenses without asking you.
8. Territory and sub-publishing
Is the deal worldwide? If the publisher uses sub-publishers abroad, what percentage do they keep, and is it deducted before or after your split?
9. Key person and assignment
A key person clause lets you exit if the executive who signed you leaves. An assignment clause decides whether your contract can be sold to another company. If your deal might be sold as part of a catalog transaction, you want to know now.
10. Accounting
Check the statement frequency (quarterly or semi-annual), payment timing, reserves held against returns, and the currency and exchange rate used.
Key takeaways
- The retention period and reversion terms often matter more than the advance.
- Avoid cross-collateralization and check whether royalties are paid at source.
- Always secure audit rights and approvals over sensitive sync uses.
- Get independent legal advice before signing. This checklist is general information, not legal advice.
Want a second opinion on an offer? See our publishing deals page or book a confidential call.