Library deal - Exclusive AND in perpetuity agreement?

[ccoltman]

Hi guys,

First post here! I've been lurking and reading up on the topic since getting an offer resulting from a forward this morning.

After my initial excitement subsided, there were a couple of issues in both the TAXI listing, and this contact email that concerned me.

From the TAXI listing:
"This Library offers an EXCLUSIVE, 50/50 split"

From the email:
"We follow the standard production music business model 50/50 on synch and performance in perpetuity. "

So if I understand this correctly, that's essentially selling my song permanently for no up-front fee. Is this a common practice for a library?

I have followed up with a question to them, asking if they'd consider adding a reversion clause after 2-3 years without placement. I also asked if they'd allow private sale of my song via iTunes or my own CDs. This song was a part of an album that I re-worked into a cue-friendly instrumental, so I'm a bit partial to it. I'm also confident in the song's ability to get placed, so I think it could be a profitable choice. I just wish it was one of the other forwards of the same song that offered a big chunk up front and a less restrictive Term.

So, what if they write back and deny both questions? Anyone been in the same situation?

Thanks for reading,
Chris

[Cruciform]

Outside of the bigger libraries with deep pockets, what you're describing is pretty standard. I've signed plenty of music to these deals. Some have worked out, some haven't.

There's no harm in asking to negotiate terms. If they maintain their position, you have to decide if it's what you want. You also have to think about the bigger picture. Is the library distributed worldwide or just in one or two countries? If it's worldwide, it might be worth it because that gives your music access to a lot of other markets that a single country focused publisher can't provide.

A lot of exclusive deals outside of the big guys still allow you to commercialize your music in areas other than sync licensing. eg. iTunes. But you'll have to wait and see what their answers are.

There is no right or wrong answer. There are only opinions. You have to decide if you're comfortable with it.

[ccoltman]

Thank you for replying so quickly!

And a special thanks for the addition that you've already done this; I think it was my biggest stumbling block. I'm terrified of losing one of the most memorable riffs i've written, but on the other hand I'm being told that my newer things are better than ever so we meet at the perpetual crossroads! hahaha

I get a good feeling about these guys .. is that enough???

[Cruciform]

Well, I wouldn't rely on just a good feeling unless that's based on having talked with them.

FWIW, your best music is always ahead of you. So many times I've written stuff that was my 'best' and felt all protective about it. Only to then write even better the next time.