Contracts! Good or Bad?

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melodea
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Contracts! Good or Bad?

Post by melodea » Mon May 17, 2021 1:47 am

Hi there
What is your experience with the contracts you're getting e.g. from libraries? Are they good or bad? Do you need to change them a lot in order to make them fair for you?
Did you have to turn down contracts, because they were so bad? Any thoughts are appreciated!

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Re: Contracts! Good or Bad?

Post by Paulie » Mon May 17, 2021 5:59 pm

I think "good or bad' depends on each user. The industry has become saturated with writers, and libraries seem to be taking bigger pieces of the royalty pie, like asking for writers share on top of publishers share. If you haven't done so, check out the Taxi TV episode where Kali J was interviewed. She talks about this a little, and because of her success she can be a little more protective of her music and can turn down deals where libraries want too much, or ask for ownership "in perpetuity."

When you are starting out you are usually desperate to get into a single library. Not all libraries are created equally, some take anything they get sent while others are much more selective. I have yet to turn down a library because of their contract, but I have pulled tracks out of libraries that did not work out for me after a two year window. To help avoid problems some people work only with non-exclusive libraries so that they can spread their music across multiple libraries to have more boots on the ground pitching the music.

It also comes down to your musical goals. If you are trying to get tv placements, don't necessary worry about this so much... it's not like you are pitching songs to an artist and you ar worried about losing out on that Grammy. ;) Write, submit, forget, repeat... they are just tv cues, not children. ;) Hope this was helpful.

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Re: Contracts! Good or Bad?

Post by Casey H » Mon May 17, 2021 6:32 pm

*MOST* library contracts are reasonably standard within the parameters of what type of deal it is, exclusive vs. non-exclusive, buyout, etc. I don't think you'll find any room for negotiation with respect to library contracts you get early on.

Here are some of the points to be aware of, none of which are necessarily good or bad, just factors:

Exclusive vs. Non-Exclusive?
If exclusive, is there reversion if tracks are not placed within N years?
Split 50/50 of both sync fees and PRO. This is most common, but a few libraries may not share sync fees or not a full 50%.
Term: Limited or in-perpetuity? Can you exit the deal after N years?
Can you pull tracks on request?
If exclusive, can you still offer your tracks in non-video related outlets such as selling downloads/CDs, streaming on Spotify and the like, etc.?

Again, these are not meant necessarily as good or bad points, just points to understand so you know what you are signing.

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:D Casey

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Re: Contracts! Good or Bad?

Post by melodea » Mon May 17, 2021 10:42 pm

thanks, guys for the in-depth comments! You are basically saying in the world of library and sync music a lot of "suboptimal" contracts for the composer equals a good one in the long run.
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Re: Contracts! Good or Bad?

Post by melodea » Tue May 18, 2021 3:01 am

Would anyone ever sell the author's rights/copyrights?
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Re: Contracts! Good or Bad?

Post by Casey H » Tue May 18, 2021 4:44 am

melodea wrote:
Tue May 18, 2021 3:01 am
Would anyone ever sell the author's rights/copyrights?
Some contracts do involve you transferring the copyright to your song to the library/publisher. That could be forever ("in perpetuity") from the get-go or with a reversion clause that says if they don't place your song within N years, the copyright comes back to you. That does not mean you give up income from the song as you would always get the 50% Writer's share of PRO money and in most cases 50% of any upfront sync fees. In exchange, the publisher pitches your song. That's not trivial as they generally can reach people you could never reach on your own.

What matters most is the track record of the library. This assumes your goal is to get you song placed in Film/TV. A good library/publisher is almost always what it takes. Obviously, you should only sign contracts you are comfortable with so it's important to completely understand what they say. It can be worth sitting down with a music attorney to have it explained the first time, though it's not inexpensive. There are Taxi TV episodes out there where Michael interviews music attorney Erin Jacobsen. Check out: https://youtu.be/Sr8bKyG_iJI

And finally, consider this. You sign your song with a library, maybe an exclusive one. They end up placing your song for a $1000 upfront sync fee. That's $500 in your pocket (Not to mention the additional back end PRO money). How much money would your song make sitting on your computer?

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Re: Contracts! Good or Bad?

Post by melodea » Tue May 18, 2021 4:53 am

That's very helpful! What I hear and read from different people now, is to keep an option to get back the copy/authors rights (if they were transferred) after a certain amount of time (2 years/4 years??)
What about the ownership of the master? Is that the same as ownership of the copyrights?
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Re: Contracts! Good or Bad?

Post by Casey H » Tue May 18, 2021 5:23 am

melodea wrote:
Tue May 18, 2021 4:53 am
That's very helpful! What I hear and read from different people now, is to keep an option to get back the copy/authors rights (if they were transferred) after a certain amount of time (2 years/4 years??)
What about the ownership of the master? Is that the same as ownership of the copyrights?
There are actually 2 different copyrights, one for the song and one for the recording. With music libraries, I'm fairly certain that anything with assignment of copyright, would include the master, since that's what they are marketing. And if it's an exclusive contract, without assignment, that exclusivity would absolutely apply to the master with respect to any film/TV/video use.

Contracts do vary so it's important to educate yourself on the terms, terminology, etc. And nothing you read on the a forum, Facebook, etc. takes the place of advice from a qualified music attorney. It's similar to getting medical advice from the internet, LOL. :lol:

Best of luck,
:D Casey

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Re: Contracts! Good or Bad?

Post by melodea » Tue May 18, 2021 5:43 am

Good one! Thanks. I'm getting advice though but wanted to gather as much info as possible beforehand.
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