Monday, August 04, 2014

Orphaned Scores

I've recently been involved with trying to bring back into print some scores for interesting — and, to my ears, significant — music that have gone out of print due to publishers' neglect or demise. (And often a mixture of the two, as the waves of mergers in music publishing have often meant that the multinational behemoths that are the new owners have literally no idea what is in their catalogs, especially in the tiny business niche that is sheet music for new and experimental concert music, and when called attention to what ought to be there (as witnessed by, say, contracts with composers or rights assignments with PROs), they have no idea where to find the sheet music.)  I won't go into details now, but I've had some modest successes and there seem to be promising developments in the works. Renewable Music, indeed.

But let me take this occasion, as a publishing composer, to give my composer colleagues some simple advice: Don't enter into a sheet music publishing contract unless it is clear and explicit what will happen if the publisher fails to keep a work in print, whether by sale or by rental, or fails to perform any promotional or rights management services stipulated in the contract, or should the firm be merged into another publisher or should the firm be shut down.  While the standard operating basis is that an assignment of publishing rights is permanent, this is not necessarily the case.  A composer and a publisher may enter into a contract with a restricted term and there is no reason why a composer should not be able to avoid having her or his work get orphaned by a publisher by requiring the publisher either perform to the terms of the contract or return the pre-publication or pre-editorial materials and all publishing rights to the composer, thus allowing the composer to publish the work directly or to reassign the rights to another publisher.  Yes, a publisher who keeps the work available and otherwise performs properly — even in the event of extreme downturns in the market for the work in question (and they will happen!) — should be assured of the continuing status of the contract (after all, each contracted work is an asset contributing to the present and future well-being of the publishing house) and, yes, when a contract is terminated the publisher's investment in editing and/or printed stock should be compensated by either the right to continuing selling for some period, or the right of the composer to purchase, that stock (a factor that may be less important in this age of publish-on-demand and electronic publishing.)

And, as a composing publisher, let me remind my publishing colleagues that this is, indeed a niche business, with very modest stakes and amortization of investment only in either the very short or the very long haul and for most music, never at all, and that in the end we keep scores and other performance materials available because of a plain selfish reason: we want to keep our musical lives lively with the music which we believe in. Nevertheless, I will cheerfully contend that if a publisher goes into this understanding upfront the modest scale and potential of the market and organizes and economizes accordingly, perhaps in some complementary combination with other repertoires or services, this can be a viable business and, if you respect the composer and the music, there is no reason why this should not be reflected in the contract through terms which guarantee that the work will be able to stay available,  should your activity on behalf of the work stop or even if your firm expires.

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