Chapter 9

Intellectual Property Management

Your intellectual property (compositions, recordings, brand elements) often represent your most valuable assets. Without proper protection and management, you risk losing control of these assets or missing significant revenue opportunities.

Publishing Administration

One of the most consistently overlooked revenue streams for independent artists is publishing royalties, particularly from international sources. Without proper publishing administration, you're likely leaving significant money on the table.

The publishing landscape offers three main approaches:

  1. Self-Administration:
    • Register directly with your home country's PRO (ASCAP, BMI, SESAC in the US)
    • Manually track and claim performances
    • Limited international collection capabilities
    • No advance payment, but 100% ownership retention

  2. Admin Deal:
    • Partner with a publishing administrator (Songtrust, CD Baby Pro, TuneCore Publishing)
    • Administrator collects globally on your behalf
    • Typically charges 10-15% commission
    • No ownership transfer, no advance
    • Some offer sync licensing opportunities

  3. Co-Publishing or Full Publishing Deal:
    • Partner with a traditional publisher
    • Publisher provides advance payment
    • Publisher keeps 25-50% of your publishing rights
    • Active sync placement and creative services
    • Long-term commitment (often 3-5 years)

For most independent artists, an admin deal represents the sweet spot, global collection without rights transfer or excessive fees. The key is choosing an administrator with strong international relationships, transparent reporting, and a track record of timely payments.

Setting Up Publishing Administration in Musician OS:

  1. In the Catalog component, document your publishing details:
    • Administrator contact information
    • Territory coverage
    • Commission percentage
    • Registration dates for each composition
    • Payment schedule and history

  2. Create tasks for quarterly royalty verification:
    • Compare PRO statements with administrator reports
    • Check for missing registrations or performances
    • Follow up on any discrepancies

This proactive approach ensures you're capturing all available publishing revenue while maintaining clear records for tax and business planning purposes.

Trademark Considerations

As your music career grows, your name, logo, and visual identity become increasingly valuable assets. Trademark protection prevents others from using confusingly similar marks in related categories.

While full trademark registration can be expensive, these phased approaches align with different career stages:

Phase 1: Common Law Protection

  • Use the ™ symbol with your artist name and logo
  • Document first use date and maintain evidence of continuous use
  • Establish clear brand guidelines for consistent presentation
  • Cost: Effectively free

Phase 2: Targeted Registration

  • Register your most valuable mark (typically your artist name)
  • Focus on Class 9 (recordings) and Class 41 (entertainment services)
  • Consider only your home country initially
  • Cost: $250-750 per class per country

Phase 3: Comprehensive Protection

  • Expand registration to logo and key slogans
  • Add merchandise categories (Class 25 for clothing)
  • Extend to international markets where you perform or have significant audiences
  • Cost: $5,000-15,000 for broader protection

Remember that trademark strength exists on a spectrum, with completely unique names ("Spotify," "Adele") receiving stronger protection than descriptive terms ("The Jazz Trio").