■Print rights such as sheet music and lyrics
■Performance royalties
■Mechanical, or physical production, royalties
■Synchronization royalties
■Royalties paid in compliance with the Audio Home Recording Act of 1992
■Publishing
The royalty rate an artist may negotiate proves very flexible and heavily based on the promise and clout of the songwriter. For example, the current statutory mechanical royalty rate set by U.S. Congress is $.08 for songs shorter than five minutes and for each additional minute over five the rate increases $.0155 per minute. For example, an eight minute song being played will be paid at the statutory rate $0.124 per use of the song, and one million uses of this record would result in a hypothetical royalty amount at the statutory rate of $124,000. This rate, however, is negotiable, and many other negotiations and factors play into the actual amounts of royalties which will be actually received include stature in the industry, prior and present success, and negotiating ability.
Following the development of a literary piece, an author will undoubtedly seek to publish their work through one of two common methods: self-publication or use of a publishing company. Even in the event an author wishes to self-publish their own works, it is best advised they seek the counsel of an entertainment lawyer to smooth the process for them. While this method avoids the difficult contract phase with publishing companies, self-publishing may present other unique problems which will best be handled with the aid of an entertainment lawyer. The more popular approach to publishing, the brokering of a deal with a publishing company, calls for serious legal considerations