The Very First Step is making sure you’re eligible to have a collection society such as BMI, ASCAP or SESAC (note: these named are US-centric performing rights organizations) process your application to become a music publisher. In order to be eligible, you need to have an official release or broadcast of a song you represent (your own or someone else’s). The song might be part of a recording such as a record, CD or digital release; contained in the soundtrack of a motion picture; or included in a television or radio broadcast.
Step 2: Create A Name
Every publishing company must have a unique name, so you'll want to be thoughtful in picking one that suits your goals. The name of this company will be your calling card when you’re pitching music to potential opportunities like radio play and TV or film placements. Is it descriptive, appropriate and memorable?
Step 3: Register As A Business With Your Local Government
When you open a business under a name other than your own, you need to register that “doing business as” or “DBA” name with your Secretary of State (or Office of the Secretary in Washington, D.C.). This will enable you to open a business banking account and be assigned a Federal Tax ID number, among other things.
You’ll have several options as to which type of business you’re registering. Typical options include sole proprietorship, partnership, or corporation. We’ll sidestep the question of which one best suits your needs, but we strongly urge you to do your homework and address this question in advance.
Step 4: Open Up A Business Banking Account
As a registered business, you’ll need to pay taxes on your income. In order to stay on top of your finances and account for your taxes properly—as well as making sure you're receiving all the earnings you’re entitled to—you’ll want to have an account dedicated just to your publishing business.
Step 5: Choose A PRO & Submit Your Application As A Publisher
You'll need to join one of the collection societies as a music publisher; if you’re already affiliated with a collection society as a songwriter, you’ll want to choose the same one. If you’re not yet affiliated, take some time to familiarize yourself with your options. ASCAP and BMI are the major PROs in the United States; SESAC is only open by invitation.
Step 6: Register Your Company's Songs With The Copyright Office (optional)
It’s not strictly necessary to register with the copyright office, but if someone infringes upon your work you’ll have better legal protection. You’ll need to contact the US Copyright Office to register; this can also be done online and typically takes a few months to process. If you have already copyrighted songs in your own name, you’ll need to transfer those rights to your publishing company.
Step 7: Register With The Harry Fox Agency
The final step is to contact the Harry Fox Agency (HFA) and register as a publisher. This is done in addition to registering with a collection society. The difference is that HFA issues and collects royalties from mechanical licenses—used on CDs, records, tapes and streaming—as opposed to performance royalties.
To Sign or Go At It Alone? What Comes Next
Once you've established your publishing company, the actual work begins. Taking on the responsibilities of both the artist and the publisher can include those that publishers, labels, and managers would do such as:
Songwriting
Creating demos of your songs
Pitching your songs for syncs in film, broadcast, games and other outlets
Building and maintaining a strong network in order to find the best opportunities for your music
Search out licensing opportunities with record labels
Explore foreign sub-publishing agreements
Solicit print deals
Whether or not you’ll enjoy doing this work yourself depends a great deal upon your personal preferences. For some creators, the opportunity to forge their own path—and collect 100% of their royalties—is an opportunity too good to pass up.
For others, it quickly becomes apparent that making headway in the music publishing business depends upon established networks and relationships, strong patience and attention to detail, and a whole lot of legwork. One other word of caution: Even if as your own publisher you’re entitled to 100% of your royalties, there are costs associated with this route.
Ultimately, of course, whether you start your own publishing company, sign a traditional publishing deal, or hire a publishing administrator such as Songtrust, is a very personal decision. We want you to know that we see both sides of the argument, and we support you either way. If you’d like to connect with someone at Songtrust for advice, clarification or perspective, don’t hesitate to reach out.