Blog··10 min read·By Nitzan Gribetz

Publisher's Share vs Writer's Share, Explained

Publisher's share vs writer's share: ASCAP pays the second half only to a registered publisher. BMI hands it to you. The MLC ignores the split.

Rows of blue royalty bars rising over a deep navy field — generated artwork for this article

On a PRO statement, your payment shows up in two columns. The publisher's share vs writer's share line is probably the most misunderstood part of independent publishing. Songwriters often expect both halves to work alike, but they move through separate systems, and one half routinely never lands.

Short version: performing rights organizations created this split as a convention; copyright law did not. The societies also follow different rules. ASCAP keeps the publisher's half until a publisher is registered on the work. If nobody has assigned that half, BMI sends it to the writers. The MLC skips the division entirely.

That makes the familiar warning, that having no publisher costs a songwriter 50% of their royalties, incorrect for one US PRO, accurate for the other, and a distraction from the place money truly disappears.

What writer and publisher shares really mean

One song carries one copyright. "The publishing" is not some additional copyright.

Instead, societies divide revenue from that single copyright so they can pay two separate roles:

  • The writer's share compensates authorship. It stays with the person who created the lyrics and music.
  • The publisher's share compensates copyright administration: registration, licensing, and tracking down payment. Unless a publishing agreement changes things, the writer holds this role as well. A songwriter who has signed no publishing deal acts as their own publisher.

These categories split income, not ownership. A writer may own 100% of the composition and still miss the publisher's half of its earnings. That collection gap is the issue here.

The 50/50 rule comes from custom, not statute

The Copyright Act does not contain this split. Society rules do, and two societies describe it on different scales.

In its help center, ASCAP spells it out: "When ASCAP distributes royalties for a performance of your music, 50% goes to the writer(s), and 50% to the publisher(s)."

BMI measures identical dollars differently. According to its Royalty Policy Manual, BMI "considers payments to songwriters or composers and to publishers as a single unit equal to 200%," dividing that into 100% total for writers and another 100% total for publishers.

The money is the same; the yardstick changes. Many co-writer disputes are just this math getting crossed. A BMI writer share of 50% equals 25% when expressed on a 100% scale. If one split sheet blends both systems, the resulting registrations will not reconcile. Our songwriter splits agreement walkthrough shows how to document splits that can be entered cleanly in each system.

ASCAP pays the second half only to a registered publisher

ASCAP puts a clear requirement on collecting that other half. The same help page says: "If you want to collect your publisher's share, you will need to have a publishing company with ASCAP."

There is no gray area or automatic backup payment. An ASCAP member with only a writer account receives half of their US performance income.

Fixing the problem currently costs nothing, but only if you do it in the right order. ASCAP's help center prices the publisher side plainly: "If you are only joining as a publisher, there is a one-time, non-refundable $50 application processing fee." Joining as a writer is free, and if you apply as both at once, ASCAP says it will "waive both application fees." In its explanation of the waiver, most new writer members lack a publishing entity, "so now they can set themselves up to earn 100% of their ASCAP royalties, at no cost to them."

Two conditions on that waiver are easy to miss, and one of them costs $50.

It is temporary. ASCAP dates the suspension to February 13, 2023 and has described it as temporary ever since: "For the time being, if you join as both a writer and a publisher at the same time, we will waive the application fee for both memberships." A policy still labeled temporary after three years is one that can end without much warning.

It is simultaneous or nothing. This is the part that catches people. ASCAP says it waives the publisher fee only where that membership is "connected to a new writer joining at the same time," and spells out the consequence: "If you join only as a writer now, you can do so for free. But you will need to pay a $50 application fee if you decide to join as a publisher later." Sign up as a writer today, think about the publisher side in six months, and the free door has shut behind you.

So if you are setting yourself up as your own publisher at ASCAP, the instruction is narrower than "join ASCAP." It is: tick both boxes in the same application, because the second one is only free while you are filling in the first.

Here is our view, without hesitation: never leave the publisher half unassigned. That does not mean opening a second account — your writer share flows to you directly from ASCAP either way, and when Davincii administers your catalog, our publisher entity is registered on your works and collects that half for you. Postponing the publisher side is how a writer eventually finds a statement at half its proper size. See the ASCAP guide for how the two halves move.

BMI sends an unassigned publisher share to the writer

BMI takes the reverse approach to the same situation. This is also the detail nearly every explainer misses.

The Royalty Policy Manual says: "Where no performing rights (or only partial performing rights) have been assigned to a publisher, the songwriters or composers will receive the entire 200% (or the balance of the entire 200%) in the same ratio as their respective writer shares."

In other words, BMI does not let a self-published writer's domestic publisher half leak away. It redirects that money to the writer.

But the next rule contains a catch you should remember word for word. If a writer assigns the publisher share later, BMI starts crediting that publisher "for performances beginning with the quarter in which such notice is received." BMI then bolds the next line in its manual: "No Retroactive Adjustments Will Be Made."

The real-world effect often becomes clear too late. Suppose you enter an administration agreement during a high-earning quarter. The publisher registration takes effect only when it arrives, and earlier activity is never recalculated. Get the deal signed before the placement broadcasts, not afterward. Registration steps are in the BMI guide. Davincii operates through its BMI-affiliated publisher, DVCI MUSIC, and early publisher-side filing may be the least exciting part of onboarding, but it is also the most valuable.

The MLC has no writer-publisher division

If you apply ASCAP's framework to mechanical royalties, you will be waiting on a statement line that does not exist.

For US streaming mechanicals, The Mechanical Licensing Collective explains in its FAQ that Members are not categorized as writers or publishers. It also states plainly: "The MLC does not pay separate shares to writers and publishers."

A songwriter managing their own rights can join The MLC as an individual Member and receive the entire mechanical for their registered portion. The MLC further says forming a legal entity is unnecessary and membership is free.

This system is genuinely unlike a PRO's, so mechanical royalties become unclaimed for different reasons. The MLC is not holding back a publisher's half. Instead, a composition may never be registered, or its entered shares may fail to total properly, leaving the money in the unmatched pool. The MLC guide explains how to register.

The place publisher money really disappears

Compare all three sets of rules, and the US situation looks far less dire than internet advice makes it sound. With BMI, writers receive an unassigned publisher share. ASCAP pays it once a publisher is registered on the work. The MLC never created two shares to begin with.

Overseas is where the risk lives.

Reciprocal society agreements bring foreign performance income back to a US writer, and the writer's share generally reaches the home PRO reliably. Claiming the publisher's portion, however, requires representation in the relevant territory. If you have neither a registered publisher nor an appointed sub-publisher, a foreign society will not reserve that income forever. Usually it ages into the society's pool of unallocable money, then goes to other rightsholders. We explain that destination in what happens to unclaimed royalties.

The standard warning therefore gets the danger wrong in two directions. It exaggerates a domestic issue you can solve with paperwork, while minimizing an international loss you cannot. Our international royalty collection guide lays out each society's requirements.

How an admin deal treats the two shares

The same distinction makes a publishing administrator's commission much easier to read.

Most publishing administrators collect the publisher's share only, and leave the writer's share your PRO pays you directly alone. As Songtrust puts it in its own help center: "We only collect your publisher's share. Your writer's share comes directly from your Performing Rights Organization." That is how we work too.

It is not, however, universal, and you should check rather than assume. DistroKid's publishing product tells writers that when you are affiliated with a supported PRO it collects both the publisher and the songwriter share of your performance royalties, routing both into your DistroKid balance instead of letting the writer half arrive straight from the PRO. That is not hidden and it is not a scandal, but it changes what a headline percentage means and it changes who holds your money and for how long. Ask any administrator one question before signing: does your commission touch my writer's share, and does my writer's share still come to me directly from my PRO? Our DistroKid comparison works through that specific case.

Under the ordinary structure, a 15% performance fee means 15% of the publisher half an administrator recovers. It does not mean 15% of all revenue from the song. Any administrator that encourages the second interpretation either does not understand its own numbers or hopes you do not. This is also why the advertised percentage alone reveals little when you compare two admin offers, an argument we make in detail in the Songtrust comparison. You are paying for collection of the half that was structurally difficult to reach alone, especially beyond the US. Whether giving up 15% makes sense mostly comes down to the foreign portion of your listening, a figure you can check today. Read what publishing administration is for the whole model in plain terms, then find our rates on the pricing page.

Five things to handle this week

  1. Verify your actual PRO. ASCAP members should sign in and confirm each work shows a publisher collecting the publisher share. That is not an account you open: your writer share keeps flowing to you directly from ASCAP, while an administrator like Davincii registers its own publisher entity on your works and collects the publisher half.
  2. At BMI, inspect registrations instead of account type. You only receive the unassigned publisher portion when the work registration identifies it as unassigned. Review several compositions and verify that every share adds to 200%.
  3. Enroll in The MLC if you have not already. Joining costs nothing, requires no entity, and provides the sole path to US streaming mechanicals.
  4. Check the countries generating your streams. When a meaningful part comes from outside the US, nobody is collecting that foreign performance money's publisher share on your behalf.
  5. Correct registrations ahead of the quarter that matters. The principle behind BMI's ban on retroactive adjustments is common across the business. Very little gets recalculated for past periods.

Once you treat writer and publisher shares as separate routes for payment, rather than separate pieces of ownership, the system stops looking mysterious. The first route starts open. You must open the second yourself, and every society puts its entrance somewhere else.

Common questions

Will I forfeit the publisher's share when I have no publisher?

The society determines that. With BMI, you will not: BMI's Royalty Policy Manual states that writers get the full 200% when performing rights have not been given to a publisher. With ASCAP, you will until the problem is corrected: ASCAP says collecting your publisher's share requires a publishing company registered with ASCAP. The bigger risk is overseas, where a publisher share without representation commonly remains unallocated.

Does the law require a 50/50 split between writer and publisher?

No. Performing rights organizations use the split as a payment-routing convention, but the Copyright Act does not require it. One composition has one copyright. Writer and publisher shares are accounting labels placed over that copyright, which explains why societies handle them in different ways.

What is meant by BMI's 200% scale?

BMI combines writer and publisher payments into one 200% unit: all writer shares equal 100%, while all publisher shares make up the remaining 100%. The economics match ASCAP's 50/50 model; only the measuring scale changes. On BMI's scale, a 50% writer share pays the same as 25% on a 100% scale.

Does an administrator deduct its fee from my writer's share under an administration deal?

It does not for US performance royalties. The PRO sends your writer's share straight to you, while your administrator receives the publisher's share. A 15% performance commission applies to the publisher's half the administrator collects, rather than 15% of all song revenue.

Does every publishing administrator leave my writer's share alone?

No, and it is worth checking before you sign. Songtrust states that it collects only your publisher's share and that your writer's share comes directly from your PRO, which is also how we work. DistroKid's publishing product says that when you are affiliated with a supported PRO it collects both the publisher and the songwriter share of your performance royalties, so the writer half arrives through DistroKid rather than straight from your PRO. Neither approach is hidden, but they are not the same deal. Ask whether the commission touches your writer's share and whether your PRO still pays you directly.

Do I need my own publishing company to collect the publisher's share?

No. The publisher's share needs a publisher registered on the work, not a company you form: with an administrator like Davincii, our publisher entity fills that role and you open nothing. At The MLC no entity is needed at all — it pays Members without splitting writer and publisher shares.

Is ASCAP's publisher application fee still waived?

Only if you apply as a writer and a publisher in the same application. ASCAP's help center lists a one-time, non-refundable $50 processing fee for publisher-only applications, waives it where the publisher membership is connected to a new writer joining at the same time, and dates the suspension to February 13, 2023 while still calling it temporary. It is explicit about the trap: join only as a writer now and you will need to pay a $50 application fee if you decide to join as a publisher later. If you are setting up your own ASCAP publishing company rather than using an administrator's, tick both boxes in one sitting.

Nitzan Gribetz

Independent songwriter publishing administration, based in Brooklyn NY.

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