The re-title game is over

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Casey H
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Re: The re-title game is over

Post by Casey H » Tue Jul 26, 2011 5:26 pm

Cat Herder wrote:This is exactly what I am talking about. Do as you choose. The one library we are all talking about is the one exception I know of. When it comes to my choices, I will choose to listen to ABC, NBC, CBS, MTV, VH1. Pretty simple.
Although I agree that there is a trend against the non-exclusive, re-title model, we have to remember the difference in markets. It looks like the market is split-- the major networks are going exclusive only while the lower budget cable networks continue to use many non-exclusive tracks. Every quarter, composers still collect money for non-exclusive placements all over the cable dial.

Cat, I think it's a bit dangerous to state that re-titling is dead. Taxi and members have hundreds of deals with non-exclusive libraries (not just the big "C"). Many still get placemenst regularly. To say all their deals are dead now could cause unnecessary panic.

Again, I agree there is a trend and 'get' that some major players won't deal with re-titles anymore. But it's not at all dead yet and probably won't be for years to come.

:) Casey

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Re: The re-title game is over

Post by Cat Herder » Tue Jul 26, 2011 7:27 pm

Casey, you have to consider two main issues. First is the retitle issue. This is just crazy at this point. If you believe only the majors have this problem think again. This is not a genetic defect that affects only the majors while the cable networks are immune. That is simply not the case. This discussion is going on at many other networks like HBO, ESPN, CNN, MSNBC and a number of others. It may not be fully implimented yet, but according to the BMI rep I spoke with in Kauai, they hope to have digital recognition ready in around 1 year. That will kill all retitling for non exclusivity (there are retitle issues that have nothing to do with multiple exposure which does make sense). This is not simply a case of networks being aggrivated, it is legal in nature.

Second you have to ask yourself where you want the music you write today residing tomorrow. When the cable stations find it is as easy and financially equal to use exclusive cues what do you think a rational person will do. Remember once a cue is placed anywhere an exclusive library will never accept that cue.

What is suggested here is that writers put their boats in a pond that is drying up. You may sail for a while now, but what happens later. Most reputable library owners I know, and I do know 1 or 2, are moving in this direction. As for the 4 networks and most major cable networks, are even scrutinizing the syndicated programs. There is not much more I can add, these are the facts. Weigh them out and go whichever way you choose. Just remember to own your choices.
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Re: The re-title game is over

Post by davewalton » Tue Jul 26, 2011 8:10 pm

Cat Herder wrote:
What is suggested here is that writers put their boats in a pond that is drying up.
No one is suggesting that Dave. Why would anyone suggest or support such a thing? :lol: It's fair though to question that rather dire opinion about all non-exclusive libraries in the light of the opportunities that Taxi offers. Taxi runs listings for non-exclusive libraries... many of us have signed deals with those libraries and get good placements from those non-exclusive libraries. And... in addition to the exclusive deals that we've also signed (which also bring good placements), we've found those non-exclusive Taxi deals to be, well... good deals too. :D

Maybe the day will come when Taxi will say "Due to the problematic nature of non-exclusive deals we no longer accept listings from non-exclusive libraries". Until that happens, I don't think it's bad advice for anyone to evaluate each Taxi or non-Taxi deal individually in light of their goals and present circumstances. I've never had a bad Taxi deal. 8-)

Anyway, we're all on the same side here, trying to navigate the waters of uncertainty while keeping things balanced. We just don't want to inadvertently scare the pants off a young whipper-snapper that just got their first Taxi deal with a non-exclusive library. :lol:

Whipper-snapper: An extremely talented composer. Thought I'd better define that. ;)

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Re: The re-title game is over

Post by Cat Herder » Tue Jul 26, 2011 9:19 pm

We will agree to disagree on this, but my original point is that the retitle game is up, and that all composers need to think very carefully on. Non exclusive usually, but not always, equates to re-title within that collection whether that composer chooses to treat it as exclusive or not.
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Re: The re-title game is over

Post by Casey H » Wed Jul 27, 2011 5:24 am

I think it's very important to also differentiate two areas of possible "risk" to the composer.

1. Having a track in a non-exclusive, re-title library.
2. Having a track in multiple non-exclusive re-title libraries.

If a composer has a given track in one and only one re-title library, there is no risk to the composer. If re-titling dissappears from the earth, that library might give their composers the option to switch to exclusive or they will go out of business. That's why folks like Matt Hirt have been advising for years to treat each deal as exclusive.

However, what's much stickier is when composers have the same tracks in multiple re-title libraries. It could be messy if re-titling goes away. I readily admit to being in that situation. But even there, my guess is some of the libraries will go out of business and some will give the composers the option to go exclusive. A composer will have to choose one. But, it might not all be very smooth and it could be extremely icky.

No one should panic. They should make educated decisions based on all the info, risks vs. benefits, etc.

:) Casey

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Re: The re-title game is over

Post by Cat Herder » Wed Jul 27, 2011 10:16 am

One final thought. The devil is always in the details. There are libraries that are non exclusive, but in their agreements it will clearly state that a writer is absolutly prohibited from placing the piece in another library. Some will state that if you find a placement on your own in which you are the publisher they will accep that (not sure how long that will last). The contract will tell you what is expected and how your music will, or must be handled. You will have a fair idea of the professionalism of the company you are considering when the agreement is placed in front of you. The last thing I want to mention is that reversionary clauses are infact a path to non exclusive retitling. The original library will retain the cue as distributed to date. To re-enter that piece into the marketplace is a re-title pure and simple. Tread lightly. I have said for years Write it-submit it-forget it.
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Re: The re-title game is over

Post by guscave » Wed Jul 27, 2011 1:25 pm

I think this issue will continue to be around for a lot longer than some folks might believe, considering the extremely large amount of money and product that has been thrown at the non-exclusive library market. Not that I don't believe that it creates significant problems and issues for the supervisors, but non-exclusivity has become sort of like it's own industry.

However just the same way that the music industry had to adapt from vinyl to mp3, I think eventually at some point, non-exclusive libraries may have to adapt to exclusive deals, but I don't see it happening soon.

Just my 2 cents.

P.S. this might be a good topic to cover at the next Road Rally. ;)

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Re: The re-title game is over

Post by BruceBrown » Wed Jul 27, 2011 3:32 pm

I'm glad I saw this thread. I have just been contacted buy a library and they sent a non exclusive agreement to me.
I posted the following on this same forum earlier today. Comments

I've been contacted by a music library that liked a couple of my tunes. Asking to hear more I directed them to my website to hear my CD.
They have emailed back and want to represent the songs. They emailed me an agreement. The agreement states I sign pub rights over to them.
All the tracks on my CD are self pub. through my own company (BMI). The CD is for sale at iTunes,Cdbaby, Amazon ect. and I sell the CD at live shows. If I no longer own my own copyrights, I have a problem don't I?
I think you can see where I'm going with this.

This is my first time being contacted from a Taxi forward, and I was excited. Now I'm wondering if non exclusive = bad.
Bruce

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Re: The re-title game is over

Post by Cat Herder » Wed Jul 27, 2011 3:48 pm

Bruce, it may not be a problem. Ask the library to allow you use of the music outside the broadcast industry, just make sure you get that in writing. If that is a deal breaker for you, you can't lose by requesting this wording. If they want copyright (which we do) then they are exclusive. That pretty much defines exclusivity.
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Re: The re-title game is over

Post by BruceBrown » Wed Jul 27, 2011 4:03 pm

Thanks Cat Herder. Sorry don't know your real name. I see I have a lot to learn about the music library business.
Later
Bruce

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