Newbie question - sorry :)

[markhatter]

Hi everyone,

I've only been with TAXI for about 2 weeks and was amazed last night to receive 2 emails saying I'd had some music forwarded! This is fantastic but I now realise that I need to start understanding how the business actually works

This is what the listing says -

EXCLUSIVE deal, the music you submit for this pitch CANNOT be signed with any other publishers or catalogs. This Exclusive, In-House Library will pay an initial buyout fee of $250 for 100% of the Composition and Master rights. On top of the per track fee, you will also keep 100% of the Writer’s share of the publishing and make applicable performance income.


Would anyone be able to explain this to me or point me to any good sources of online information about this subject? Some of it is obvious but what would this mean in practice if it gets used once/multiple times etc?

Also, do people copyright everything they produce? Is it worth copyrighting short cues or would you only do that with full songs?

Sorry for the newbie questions!

Thanks in advance
Mark

[MattCurious]

Welcome, Mark. Nothing wrong with asking questions.

You can use the listing to set your expectations around what you will be offered if the library wants to give you a deal. But the precise definitions of things like "exclusive" will be set out in the contract.

That said, "exclusive" generally means that the track is not (and will not be) signed with any other publishers, so that only this library can offer it for use. The composition, master and publishing rights are different aspects of the overarching copyright and can attract different revenue streams. Here, they will pay USD 250 for you to sign over the composition and master aspects of the copyright but you will retain 100% of the writer's share of the publishing, which entitles you to royalties.

"Copyright" happens automatically once you reduce the composition to a replicable form, such as sheet music or a recording. Registering a song is a way of evidencing a copyright but is not required for copyright to exist.

[hummingbird]

With regard to copyright I would say most prolific instrumental writers do not worry about registering a copyright. Whatever you have written is copyright as soon as you put it in tangible form. The registration simply proves you registered a (c) on that date. Caveat - I am not a lawyer this is just my humble opinion.

You should however be a member of a PRO and learn what a synch fee, mechanical fee, performance royalty is, etc. Know how composers get paid and understand the language of the biz so that if offered a deal you come across as a pro.

[markhatter]

Thank you all for your advice. Much appreciated!

[Lipskimusic]

With regard to copyright I would say most prolific instrumental writers do not worry about registering a copyright. Whatever you have written is copyright as soon as you put it in tangible form. The registration simply proves you registered a (c) on that date. Caveat - I am not a lawyer this is just my humble opinion.

You should however be a member of a PRO and learn what a synch fee, mechanical fee, performance royalty is, etc. Know how composers get paid and understand the language of the biz so that if offered a deal you come across as a pro.

I am personally not so much concerned about my own copyright. To me the main legal question would be how I am actually able to verify that I am not infringing on any third party rights when e.g. submitting a simple instrumental cue with a simplistic melody! I am obviously composing my stuff in 'good faith' and I rely both on the screeners to point out if something would sound 'too familiar' to them (bearing in mind they listen to a lot more music than I do...) and the potential end client with a lot of listening experience. But I guess under most contracts in this industry you have to sign up to unlimited liability + indemnify the end client for infringement on third party IP. Some time ago I looked into Composer's PI type of insurance but it is fairly expensive and obviously not unlimited in terms of the cover sum.

I hope I am not giving anyone a sleepless night with this

Cheers,
Matt

[MattCurious]

I'm not an entertainment / IP specialist but, having a legal background, I wouldn't worry about accidentally infringing third party IP in a short instrumental cue. It would cost more to sue than you'd get from a successful case. The risk is low. Different if you're making artist pitches.