Can I obtain permissions from a songwriter directly even if the songwriter is represented by a music publisher?

Only copyright owners—or their agents or assignees—are authorized to issue custom arrangement licenses.

In the music industry, songwriters usually transfer their copyrights to music publishers, typically through assignment or exclusive license, and remain only "beneficial owners" of their own rights. Consequently, songwriters represented by music publishers often do not have the authority to issue music licenses to licensees directly. [1]

Music publishers invest significant resources to acquire rights from songwriters and rely on their exclusive authority to use and license these rights as a core part of their business model. Music publishers often pay advances on royalties for these rights, which they can recoup only if they remain the exclusive administrators.

Therefore, licensees seeking licenses should begin by contacting the relevant music publishers, print publishers, or their agents, to obtain music licenses.

While licensees might try to obtain permission directly from songwriters, they will usually be redirected to the appropriate music publisher. Though songwriters might occasionally grant permission themselves, such permission is legally invalid if they have already transferred their rights—and may even amount to copyright infringement.[Id.]

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[1] See, e.g., Fantasy, Inc. v. Fogerty, 654 F. Supp. 1129, 1131–1132 (N.D. Cal. 1987); SBK Catalog Pʼship v. Orion Pictures Corp., 723 F. Supp. 1053, 1062 (D.N.J. 1989) (explaining beneficial owners do not retain the right to use or authorize others to use their copyrighted works).