My Conversation with Mark Hayes about Music Publishing

On October 10, 2020, I had the privilege of speaking with composer and conductor Mark Hayes. Born on March 28, 1953, in Ladysmith, Wisconsin, Mark Hayes became an internationally known and award-winning composer, arranger, concert pianist, and conductor with a personal catalog of over 1500 published works. Whether concertizing on the other side of the globe or composing at his home in Kansas City, Missouri, Mark is blessed to live out his mission “to create beautiful music for the world.”  For more information about Mark Hayes’ life and career, visit his website at www.markhayes.com.

My main question for Mr. Hayes was, “How do I get my music published?”  He began by asking me about my musical background to confirm we shared a musical lexicon.  Then he proceeded to tell me about his musical beginning, which started at a young age.  Below are the main takeaways.

  • There are two prerequisites for publishers to seek out a composer/arranger: quality work and offering what the market needs.
  • Arrangements are owned by the copyright holder, not the arranger.  So, if I write an arrangement of someone else’s composition, I must pay royalties to the publisher, who in turn must pay royalties to the composer. 
  • To retain the maximum (100%) royalties from your work, you should: 
    • Arrange music from the public domain, or
    • Write original music. 
  • There are 3 types of Licenses:
    • Print License – The publisher issues the license based on a set, non-negotiable fee to use their song in a published or printed format. If you are notating music, you need a print license.  
    • Mechanical License – This license is needed if you record a copyrighted song. You receive nine ($0.09) cents per song per unit that you manufacture. You still must pay this mechanical royalty even if you give the CD away. Whether you profit from the recording has nothing to do with your obligation to pay mechanical royalties to the copyright holder.
    • Synchronization License – This license is used in the motion picture industry and with streaming music. For instance, any music you post on YouTube should have a synchronization license to be legal. CCLI provides a live streaming license for the use of their music during church services.
  • Sub-publishing.  A sub-publisher acts on behalf of the original publisher of a musical work, taking on the agent’s role in a particular territory to collect royalties, monitor copyrights, exploit usage for licensing, and promote the works represented.
  • Consulting with an Advisor or Mentor. It’s important to have a separate, objective set of eyes (and ears) to review your work.  Ask your mentor, does this lay in your hands well? 
  • Consistency in music style.  Don’t mix genres in the same piece. For example, if I’m writing a hymn arrangement in a classical style, I shouldn’t throw in a jazz chord just because I like the sound of it.
  • Hiring out your services to a Publisher. If you’re working for a publisher, the publisher’s editor may want you to make changes to your creative rendition to make it more accessible to the public.  One’s ego has to be subordinated to the editor. 
  • Get to know the publishing houses and what they do well.  See what sells well on their website and submit music that matches that market.  Write music that is easy for the public to play in various settings.  Think about the mood, the form, and the length. 
  • Ask yourself what the publisher needs for their next season.  For example, October is when publishers put out music for the Spring and Easter season.  July is when publishers put out music for the Advent and Christmas season.  Christmas music sells well and is needed all of the time.  Send in your music a year in advance to publishers.  Look at writing music for lesser-known events like graduation or baptisms. Write for liturgical days in the church calendar, such as Pentecost, Lent, and Thanksgiving. Think beyond just SATB writing. Choristers Guild, based in Dallas, may be looking for 2-part, accessible music with limited ranges for children’s voices.
  • Understand market trends. There aren’t as many choirs these days because most churches are moving to a contemporary style with bands using a keyboard or synths.  Singers are primarily women.  Take that into consideration when writing your compositions and arrangements.
  • Research publishers online.  Right now, publishing houses are hard-hit by COVID19.  Choral sales have gone way down.  Many publishers need keyboard & organ books now.  Many soloists are looking for new arrangements as well. Look on the J.W. Pepper website to see what products they are selling from various publishers. J. W. Pepper is the largest retail music seller in the U.S. They are not a publisher, but they showcase much of what publishers are producing.

My conversation with conductor Mark Hayes lasted for an hour.  It was too short, really.  I enjoyed every minute.  What I’ve learned from this experience is to get out of my comfort zone and find what I need to close my gaps.  Take online classes.  Seek counsel. Take risks. Try something new, like contacting a composer who you’ve admired for your entire life.  Who knows?  He may just reply and ask to speak with you on the phone?  I’m glad I did! 

Photo by Brent Keane