60 % for artist but Waive Mechanical fees and royalties

[jonathansorensen]

Hi all,

I have a library interested in one of my songs. They offer a 60/40 split in the artist favor but you waive mechanical fees:

"You waive (i) any mechanical license fee which might otherwise be payable
as the result of any use, including duplication, of all or a part of the Licensed Works by Us or by
any third party in connection with auditioning of Licensed Works, and (ii) any performing rights
fee which might otherwise be payable as the result of any electronic transfer or transmission or
other performance or distribution in connection with an audition of all or a part of the Licensed
Works to any third party by Us; provided, however, that nothing contained in this Agreement
shall be deemed to constitute a waiver of any fee which shall become due and payable to the
relevant performing or other rights society, such as ASCAP, BMI, SESAC, or collection agency,
as the result of any use of a Licensed Work by a third party, unless We shall have issued a direct
license with respect to certain of the public performance rights in any Licensed Works. You
hereby agree that We may use all or a part of the Licensed Works in connection with the
promotion of Licensed Works and You (as one of Our artists) without any payment to You"

What is the significance of this as far as possible payout? Anyone know if this is a reasonable deal?

Thanks all,
Jon

[Casey H]

Hi
The key phrase in the above is "in connection with auditioning of Licensed Works"... They're just saying that no royalties are paid for things that have to do with marketing your track to potential end users. They might make CDs, DVDs, hard drives, etc and send those to music supervisors and this makes it clear that no mechanical royalties are associated with that. If potential licensors listen to your track such as on an internet site, no performance royatles apply. Makes sense, doesn't it?

So this is a non-issue was far as payments for REAL licensed uses of your tracks.

DISCLAIMER: THIS IS NOT LEGAL ADVICE. ONLY A QUALIFIED MUSIC ATTORNEY CAN GIVE ACTUAL LEGAL ADVICE.

Casey

[jonathansorensen]

Hi
The key phrase in the above is "in connection with auditioning of Licensed Works"... They're just saying that no royalties are paid for things that have to do with marketing your track to potential end users. They might make CDs, DVDs, hard drives, etc and send those to music supervisors and this makes it clear that no mechanical royalties are associated with that. If potential licensors listen to your track such as on an internet site, no performance royatles apply. Makes sense, doesn't it?

So this is a non-issue was far as payments for REAL licensed uses of your tracks.

DISCLAIMER: THIS IS NOT LEGAL ADVICE. ONLY A QUALIFIED MUSIC ATTORNEY CAN GIVE ACTUAL LEGAL ADVICE.

Casey

Casey, you're the best!

Jon