exclusive or non-exclusive

[nickfever]

When a listing doesn't specify whether they want exclusive or non-exclusive rights, is it more often exclusive or non-exclusive in anyones experience?I want to make sure I target better for the listings.Thanks,Nick

[mazz]

I don't think you can put a percentage one way or the other on this. And, personally, I wouldn't let that be the reason to submit or not submit for a listing. If you're fortunate enough to be offered a deal (by getting forwarded first, of course) then you can evaluate the offer at that time.I would recommend learning as much generally about each type of deal as you can so when the opportunity arises ( and I hope it does!) you'll be well informed and can speak the lingo a bit. Each deal may be slightly different but the big picture concepts are pretty much the same.Of course, consulting with an attorney when you have a contract in your hands is always recommended, particularly if anything in the contract language makes you hesitate or scratch your head.Good luck,Mazz

[nickfever]

Thanks mazz I appreciate it!Another question, Say I do sign a non-exclusive for a track, then see another listing that I think that track would be suitable for, however it doesn't say whether or not the company wants exclusives or non-exclusives. What would you recommend in this case?Thanks again, Nick

[mazz]

Nick,Some library deals are non-exclusive in that you can freely pitch the song as long as you don't sign the same piece to another library. Some library deals are exclusive only for the re-titled "derivative" work. Which may mean you could have the same track in multiple libraries all with different titles (I personally am not going to do this with my music).So it really matters what type of non-exclusive deal it is. For example: one of the deals I have says that I am free to market the pieces that the library has signed to any opportunities except other libraries. But you have to know the parameters of your deal before you know what listings you should and should not submit to. Most listings will say "a music supervisor", "the president of a library", or "an independent publisher", etc.Again, not legal advice, just speaking from my experience.Good luck,Mazz

[nickfever]

Very good info.And once again, I really do appreciate it!Nick

[davideravasio]

Hello everybodyI red your mails about derivative works. I am trying to understand how it works, since in my country (Italy) is something very new. My question is: which percentage you write on the form when you deposit the original title at your PRO? In the Italian PRO SIAE form they ask for the percentage of mechanical rights and public performance rights, but in the contract the music library just speak about syncronization 20%. Do you have to write percentage on American PRO deposit form?Thanks Davide

[matto]

Quote:Hello everybodyI red your mails about derivative works. I am trying to understand how it works, since in my country (Italy) is something very new. My question is: which percentage you write on the form when you deposit the original title at your PRO? In the Italian PRO SIAE form they ask for the percentage of mechanical rights and public performance rights, but in the contract the music library just speak about syncronization 20%. Do you have to write percentage on American PRO deposit form?Thanks DavideHi Davide,the synchronization fee would be paid directly to you by the music library, it has nothing to do with the PRO.So you don't have to worry about that.Also, the music library will most likely register the songs with your designated US PRO [since there is more than one PRO in the US, members of foreign PRO's can usually specify which US PRO should collect for them for US performances (usually either ASCAP or BMI)].So, you normally wouldn't HAVE to register the songs yourself with SIAE. You CAN if you want to, but if you do you should make sure that everything matches between the two registrations.Just send the music library an email and ask them about this, and if you do want to register with SIAE, ask the library to email you the exact percentages, name(s) of publisher(s) etc.Also, please keep in mind that unless the contract specifically says that it is a derivative copyright situation and that they re-title the song in order for you to keep control over your original composition/copyright, it won't be.Not all library contracts are derivative, far from it.Hope this helps,matto

[davideravasio]

Yes, it does helps.Thank you very much matto.Ciao