Meh,
Yeah, most first deals are never that good, but kind of a "take it or leave it' kind of thing. You are really in no position to dictate any terms. In a perfect world publishers would appreciate everything we do and offer us whatever we want. I often read forums and people claiming to get "advance money' and all kinds of stuff. I am very skeptical unless it is the "They may have already won some valuable prizes" kind of things. Untested writers are not going to get anything, because they have not EARNED anything yet. That is why they are...untested. That's why there are "first deals."
Now, we have to look at the reality of publisher deals and also separate the "PDINO" and "real" or "legitimate" deals.
The "PDINO" are a lot of the "single song contracts", that are for one song, for an indiscriminate time, always slanted toward the publisher. they are kind of one step off the 'get off my porch" deal,but at least the entity is putting their effort where their mouth is. but most of them are very limited in what they include, seldom actual demos, just taking what you have already paid for in a demo, playing it for a few people here and there, seeing what happens, and of course, hoping you get enough activity going that you can get it cut, and they can benefit from your work.
This is not always a shady practice. Everyone has to be careful who they deal with and it is a way to get to know someone before getting deeper. It usually is for 5-8 years if not indefinately, because it is going to take a long time to get something to happen and they don't want to have spent time and effort and sometimes money only to have it taken away and placed with another publisher who benefits.
Most "reversion clauses" would be ideal around 3 years. That should be fair, but you know that nothing is fair.
LEGITIMATE PUBLISHERS
There are essentially THREE kinds of "REAL" publishing deals.
THE OPEN DOOR deal. This is where you develop a relationship with a publisher, and can routinely go in, have informal meetings, play some songs, go to social events, etc. "Real publishers' want to know who you are, and what your skills are, but also what kind of PERSON you are. If they are going to send you to other writers, possibly song pluggers, artists, producers, they have to know that YOU ARE A GOOD PERSON to send over. You reflect upon them. And their reputations, usually built over a couple of decades, are everything. One bad experience, and with some instances can ruin a career.
Single song deals might come out of this, but not in the manner that most people would think. There is not so much a "written contract' as much as a verbal contract. "Let me play this and see what kind of feedback I get." They are not going to tie themselves up to something that might or might not work either. They are not going to put money or time (which often IS money) too early. They might end up ponying for a demo if they really believe in it.
EXCLUSIVE REPRSENTATION.
This is where a publisher will believe in you enough to put their repuatation in you, although not always full committment. They will send you around, make appointments and actually treat you like one of their writers. They don't want you going anywhere else but might not be in a position to sign you for money. I have known publishers who actually went to the bank to get loans to sign a writer. I was one of those for six years with BEST BUILT SONGS.
FULL PUBLISHING DEAL.
These are the "FEW AND FAR BETWEEN" deals now. A "salary" or "Draw" per week or month, demo budget, access to song pluggers, writing appointments, writer's retreats, first shot with artists, etc. These have declined from 1460 in the mid 2000's to around 315 now. They have fallen off the map, because most publishing companies except for the big monsters, (Sony,Warner's, EMI, etc.) can't afford to pay $18,000-$25,000 a year, with a $10,000 demo budget, $10,000 expense and travel budget PER WRITER. And they have about 50-75 writers. Many of the "independent" companies have "CO-PUBLISHING DEALS' with these people. Taylor Swift's BIG MACHINE publishing company (actually about three companies in one) have a co-publishing company with SONY. They share in the expenses, front the money, for new writers in return for getting part of the publishing on someome like Taylor. Around $25 million a year on something like that. So it is a good investment.
Most actual publishing deals of any nature last about 12 to 18 months. They are renewed at the end of that contract in what is called "options." But the 'option" is the "option" of the company, not the writer. Although the writer can walk away. Taylor had a five year deal with Sony to begin with then opted out after two or three years, due to wanting to have her own company. They went with it and opted to be a partner with her. That was the belief that she was going to be a star. There are very few of those now.
The average 'Real deal" goes down like this:
New writer comes to town, bounces around all the open mics and writer's nights. If they are really good, they start attracting attention. People start asking them to write, perform in rounds. Usually someone that comes around has one of the open door deals or possibly one of the full deals. That introduces the new writer to their publishing contacts.
There are several months of writing reguarly, getting higher level co-writers. they are usually invited to some industry parties, or guitar pulls, where they are under a microscope and people see what they are made of and if they are going to stick around. They are very much observed going through adversity. If they get knocked down, how fast do they get back up?
Usually in that magic THREE year period, the publisher or possibly multiple publishers will start offering some "let me play this and see what happens." line. Might get a couple of single song things. Or even a group of songs,say three or four. There might be a demo or two or all three, involved, often after having written with their own writers.
A lot of these newer writers are forming groups like the PEACH PICKERS, with Dallis Davidson, who write every week at certain times. Often they become the stars for that publishing company. They get a lot of cuts, some hits, one or two even become artists. This is where Luke Bryan, Eric Church, and some others start out. Odten they don't get an "official deal" until some song is actually a hit and on the radio. I have attended number one parties, where the hit writer is finally "welcomed officially into the publishing company family." Up until then, they are just a close friend.
It is ALL RELATIONSHIP driven and what separates it from the PDINO deals is it is ACTUAL SKIN IN THE GAME. They get to know each other as friends and collegues. That is a realtionship.
The limiting factor on all those other contracts, casual companies, film and television pitches, song libraries, etc. are that they are just a BUNCH of songs in various stages sitting around in a big vault. If you want a real visual for those, here it is:
Do you remember the movie RAIDERS OF THE LOST ARK? The first "Indiana Jones' movie with Harrison Ford. Came out in 1981. In it, Indy finds the Lost Arc of the Covenant. The movie is great and one of my favorite ones. After so much trouble finding it, the government takes control over it, and talk about "They have top people on it!" studying it.
Then the camera cuts to the crate holding the arc, being pushed on a cart through this warehouse. As the camera pulls back, it reveals this HUGE WAREHOUSE that goes on and on and on, stacked to the ceiling with what seems to be MILLIONS of crates that all look alike. The Arc dissapears probably never to be seen again,. (Until Indy Four, where it shown the warehouse is AREA 51.) Kind of fun.
But that is my vision of all these film and television libraries and the people that contact you off the Internet telling you HOW much promise they see in your songs. Those end up being most SINGLE SONG DEALS.
The overall hope is that you will get lucky, they will have publishing on your luck. Win win. For them.
Well, I know that is more than you wanted to know. But that is the deal as I see it.
MAB