2-13) Define "sub-publisher."

The DeCheHo executives are now scrambling to save the contract session for they now realize that you are no one’s fool. You, however, continue your inquiries.

“If my songs become a hit, or reach a specified sales quota, will you contract with a sub-publisher to have sheet music printed of the song?” Print music is a very lucrative end of the publishing market. Many people each year pick up a musical instrument for the first time, and often they actively seek to learn that instrument by playing along to sheet music of current hits. Schools, colleges and universities also use sheet music in teaching their marching bands, choirs, and theater groups. Most publishers, however, do not have a physical printing plant on-site and hire out or “sub-contract” that work to firms who do. Hal Leonard Publishing is one of the largest sheet music printers in the world and handles many major publishers' accounts.

“Will I have access to the accounting books and statements of DeCheHo Publishing at LEAST every six months to ensure that all money owed to me is being paid to me--and on time?" With this statement some of the DeCheHo executives grow pale and silent for they realize that inaccurate royalty statements has long been a point of contention for most songwriters. The number one complaint that songwriters have against their publishing company is that the publisher had not paid them what they were due and they were late, and that the account statements accompanying these sporadic payments have had gross errors and misstatements on them. By having an “audit clause” inserted in a songwriting contract, RID has shown you that there is some recourse to such injustice. Songwriters, you learned, should insist that a Certified Public Accountant (CPA) hired by the songwriter be allowed to examine the publisher’s books at least twice a year to cut down on such financial “mishaps” from occurring.

“Also, will this contract, so lovingly presented to me here, outline exactly what would be considered a ‘breach’ or ‘default’ by either side and how we can go about and ‘cure’ such a situation?” A “breach” or “default” occurs in a contract when one party fails to deliver on what was agreed to in writing. If the publisher, for instance, failed to get a song written by the songwriter released within a specified time, this could constitute a breach. The publisher, however, may ask for an additional amount of time--such as 30 days--to continue his efforts to get the song recorded and distributed. If the song still has not been delivered upon as promised, the writer could claim a breach has occurred and asked to be released from the contract with the publisher.

As the nervous faces of the DeCheHo execs twist and squirm with the weight of your words, you quietly get up from the table.

“Gentleman, please contact me when these matters can be presented to me in a satisfactory manner”, you say.

As the massive oak and mahogany doors close behind you, the DeCheHo executives curse among themselves for they know that they have lost another one to that damn Bob Dennis and his Recording Institute of Detroit.