Asked in Entertainment / Sports and Intellectual Property for New York

Q: Legal and financial implications of appointing a publisher as a rightsholder representative in New York.

I'm a non-performing songwriter who joined PPL UK as a recording rightsholder and appointed my publisher as my rightsholder representative because my publisher advised me to do so. Are there any legal and financial disadvantages to this arrangement, or will my publisher handle these issues?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Appointing your publisher as your rightsholder representative creates a relationship where they manage your PPL royalties on your behalf. While this arrangement offers convenience, it also means you're delegating control over an important revenue stream, potentially affecting how your rights are administered in the New York market.

From a legal perspective, this setup might limit your direct oversight of how your rights are being licensed and used. Your publisher may have different priorities when representing multiple clients, and without regular communication, your specific needs might not always be at the forefront. Additionally, contractual terms might make it challenging to change this arrangement if you become dissatisfied with their representation.

Financially, publishers typically take a percentage commission from royalties they collect, which reduces your overall earnings. There might also be less transparency regarding how your royalties are calculated and distributed, particularly with international collections between the UK and US markets. Tax implications could vary significantly between territories, and without direct involvement, you might miss opportunities to optimize your tax position.

Your publisher should handle these administrative matters, but regular check-ins about your royalty statements and requesting detailed breakdowns of collections would help ensure your interests remain protected. Consider reviewing your agreement to understand exactly what services they provide and what percentage they retain for representation.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.