same question, different day

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jonnybutter
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same question, different day

Post by jonnybutter » Mon Jun 15, 2015 6:20 pm

I know this has probably been asked before, but we don't seem to be in a static business (to put it mildly!). So since it's a moving target..

How do people feel about assigning a copyright and master to a publisher in perpetuity for no upfront cash? I am used to getting at least a buyout fee in lieu of future sync fees, but this deal instead offers a quarter (not half) of future sync fees. If they need to own the copyright and master outright because of some sort of blanket arrangement, then would there even *be* any sync fees? Are there other reasons they would need to own the copyright?

I know I have to make my own decisions in the end, but if anyone can share their experience or advice, it would be appreciated.

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Re: same question, different day

Post by Len911 » Mon Jun 15, 2015 7:08 pm

I'm not sure what is meant by assigning. Are you certain it might not be administering the copyright? Maybe they want to apply for the copyright themselves? The implication, is that they will have their name as the "writer", and not yours??

The only thing anyone can do is speculate without seeing the actual wording of the agreement.

Keep in mind, a copyright merely gives you a "right", not the money you might need to challenge a violation to that right. Most likely it is the publisher that is going to sue if suit is advantageous enough, and if you don't have trust in the publisher, find another publisher.
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jonnybutter
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Re: same question, different day

Post by jonnybutter » Mon Jun 15, 2015 7:30 pm

Hi Len

The word is definitely 'assign' (not 'administer') which I think means assigning ownership of copyright and master to them. However, the contract doesn't explicitly say 'work for hire' - perhaps since they aren't paying any money up front.

In the sort of work for hire contract that I am familiar with, the company to whom the copyright is assigned is called the 'author', but can still stipulate that the writer get the 'writer's share' from PRO.

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Re: same question, different day

Post by andygabrys » Mon Jun 15, 2015 9:29 pm

I think its not evil to sign exclusive in perp for no upfront, for even 25% of sync - if you have reason to believe the publisher will work the material. Usually you would get this assurance from other composers who are already signed.

I know of one library that sounds very similar to what you mentioned, and I have written a number of tracks for them and they are making earnings for me. And in this case yes I get a cut of blankets.

the diversified portfolio is still the winner. some WFH, some exclusive no up front, some non-ex, some direct to super / agency / film-maker. There are advantages to each scenario.

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Re: same question, different day

Post by jonnybutter » Tue Jun 16, 2015 5:13 am

Thanks Andy. I didn't really assume this was an evil deal, I just didn't get it and had never heard of this kind of arrangement. Diversification - good advice, no doubt.

btw, I know that Taxi can't guarantee anything (and I wouldn't expect them to), but honestly I feel that a contact I make via a Taxi forward has a bit more built-in cred than otherwise.

thanks again for taking the time

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