In Perpetuity Agreements?

[nutotech]

Just received a contract without an out clause. Pretty much the track stays with this company even beyond my passing. <gulp> The rest is standard 50/50 split on sync fees and publishing. Even a clause for sheet music which I found charming.

If the tracks they were looking at were workaday cues, would probably sign without giving it a second thought. But it's (to my mind) A List stuff. Orchestral tracks that took time and love. These guys are big time and reputable but do NOT offer any out clause if the tracks aren't used. Or any guarantees that they will be used. It's truly rolling the dice; may not see any income for years unless they score upfront sync fees.

Their rationale for not providing one is simple: it's too damn hard removing tracks from hard drives and workstations all over the world. I get that, it's logical. But it still gives me pause. And I know some of the other big boys DO provide out clauses but no idea how they work the mechanics.

Anyone else run into this? What do you guys/gals think? Suggestions?

[Kolstad]

Well, this means that you loose control with the tracks you sign to them.
You decide what to do with your music, everyone else can only offer opinions.

For me, I'd only sign off the control to my work (forever) if they paid well up front, and I needed the money really bad.

Under no other circumstance would I do it, as I see control of my work as a highly valuable asset. In this case, the fact that they are big, only goes to show how small you are to them, imo.

On the relative value propositions we try assign to our music: I personally don't like to differentiate my work into A,B,C list ect. That are only subjective judgements made without context, and which may be valuated differently by others. I try to assign value to my work more relative to context, which means the size and scope of the intended use. If it's a small indie production, limited budgets and narrow audience, my music shoudn't make as much as if it's used in a big commercial production with a big budget and a wide big audience.

But other circumstances may make you to see things otherwise, and choose differently. For a lot of stuff you have already lost control

[Cruciform]

It's always a dice roll on these. I signed an album's worth of stuff to one library three years ago on a no up-front in perpetuity agreement and I've not had any usages on them. They've never even been registered with their PRO. OTOH, I signed 7-8 similar style tracks to another library on a similar deal and they've been synced consistently - 100 drops in the last year alone. And again, 2 cues to another library and they were hardly used until one got 9 drops just over the last few days. And still again, 3 or 4 cues to another library and they at least registered but the cues have never been used.

I prefer to be bought out up-front for an in-perp copyright assignment but it's not a deal-breaker. It just gives me more pause for thought.

You never know. Other people can give you advice and their experiences but ultimately it comes down to what you're comfortable with.

[nutotech]

Thanks guys. There's some solace knowing others have signed similar deals.

Also now working with a non-exclusive library and feel more at ease. Have done hundreds of buy-out up front deals over the years (retaining PRO Writer's share) and actually prefer that method. Perhaps it's the "putting cash in your pocket for the work you've done" work ethic?

And I agree in principal with you Kolstad. Guess what I'm saying re: A List It's actual music coming from the soul versus listening to ref tracks and trying to cop a similar groove. While that's rewarding in it's own right, I see that more as craft than creativity. Although taking a 4 chord repetitious groove and making it interesting for two plus minutes is creativity in itself. But to your point of budget/audience/return? No doubt that plays a major part is rating your catalog. Hope you strike gold one of these days with a low budget Indie thing that goes through the roof.

[DesireInspires]

I sign the deals and let the library do their job. I might check up once a year to see if there is any action, but other wise I don't worry too much about in perpetuity deals.

[andygabrys]

well having also done a few sync buyout deals I would say nothing to be worried about.

you might feel this is A list stuff, but I bet you will again make more A list stuff.

the smart long term play favors the diversified portfolio - some non-exclusive, some exclusive with reversion, some exclusive in perp, some exclusive in perp with sync buyout.