Is a buyout license fee an exclusive listing? (#U150216MR)

[eirikbj]

Thinking about sending a tune from my band to this listing. But: How deep does the buyout go? Is it just for this game, or is it for forever, all over? If we make a record, are we prohibited to be using that song?

This is the listing:
"MAINSTREAM ROCK SONGS with Male Vocals are needed by the Music Supervisor of an Extreme Sports, AAA Console Video Game. He needs a bunch of hard-driving, rocked out, Mid-to-Up-Tempo Songs that could be found on the same playlist as bands like Queens of the Stone Age, Kings of Leon, Foo Fighters, etc., etc., etc. Please take a listen to the following reference songs to get yourself in the ballpark:
[...]
There will be a buyout license fee of $3,500 inclusive of the sync and master for each piece included in the final release version of the game. You must own or control 100% of the Master and Copyright. All submissions will be screened on a Yes/No basis. No full critiques. Please submit 1-3 Songs online or by CD no later than Monday, February 16th, 2015. TAXI #U150216MR"

[Russell Landwehr]

There will be a buyout license fee of $3,500 inclusive of the sync and master

Buyout is gonna mean they own all the publishing rights to it after they pay you. So that would be Exclusive. In order for you to pitch it, the publishing needs to be unencumbered.

If they like it and want it, you "might" be able to negotiate a co-publishing deal if you want to put it on a record, but... look at it from their point of view... they put your song on a major game release and you use that as advertising to sell CD's... hmmmm. I'm not sure that zeppelin will fly.

Russell

[eirikbj]

Thanks a lot Russel!

As it´s a co-write, and the other guy is asleep (it is the middle of the night here in Norway) I guess I´ll skip that op
I will have to call him to make him agree on that.

e

[Russell Landwehr]

Bummer about the time crunch. It also occurs to me that the gaming company could release the songs in another format such as iTunes or other places. I know I would if I were them.