got my first licensing deal! need some help!

[Casey H]

Hey Mikey
Please don't take this personally. I just want to make sure that what's presented on the forum is as accurate as possible (I welcome corrections if *I* post something incorrect). This isn't meant to be a personal argument and you didn't "step on my toes".

Some comments on what you said specifically...

All I was saying is that for a song to be licensed it must be licensed in perpetuity or it will never get a license

Not at all true. Licenses are issued for terms all over the board from days to weeks to years to in perpetuity. I recently licensed a track for 6 month use in on-line retail promotions. In the past, I've done 1 year, 3 year, 5 year, etc.

The only time the in perpetuity would apply is if the song actually gets licensed for one or more productions.

As we said, the “in perpetuity” is the term of the deal between composer and library and has nothing to do with whether or not the track gets licensed.

He would be signing a master agreement set up for sub-agreements but if there are no sub-agreements then the master agreement simply dissolves.

Nothing like this applies to a deal between a library and composer. The library issues master agreements to THEIR clients.

Best,
Casey

[mikeymike2000]

Hi Casey,

Nothing personal here. Just different standards.

I stand corrected. Both about the quality of the deal and the comments you have made. I simply was under the assumption that any library that Taxi sends someone to would only deal in major productions that would require an "in perpetuity" license. Such as a major network or major motion picture.

The agreements I have signed or reviewed all state that the license would run forever (placement) but the term of the representation of the song (library and composer) is not forever. yes, once the song is licensed there are no take-backs. So only the deals that are made would have the forever license. If no deals are made, there are no licenses. The library only has the right to issue a forever license as long as we both agree they have that right. Any deal made before that right ends stay in effect for all of eternity.

Thanks for clearing that up.

[cardell]

Very informative thread!

Wish I was going to the Rally. Is there some way I can watch or hear Casey's course after the event?

I have to admit, I'm kinda weak in this area. It hurts my brain a little.

Stuart

[matto]

Mikey,

It's incorrect to assume that 'major' placements always have a perpetuity term. While this is typically true for fim and tv placements, where the end product may (ideally) be 'exhibited' (i.e. transmitted, braodcast, streamed) or sold forever or at least for a long time, it is virtually never the case for advertising or promotional uses, where the license is almost always granted for a certain period of time, and would then have to be renewed should the client require and extension of that period.
The reason of course is that commercials rarely run for a very long time...

So making an assumption about the 'quality' of a deal based on the fact that the company in question may issue licenses that are non-perpetuity would be a big mistake.

I think it's clear at this point that you misunderstood the OP's original question, but it's all good since this resulted in an interesting discussion which helped clarify/dispell some common misconceptions.

matto

[mikeymike2000]

Hi Matt,

I have already acknowledged my misunderstanding.

My comment about the "quality" of the deal was based mostly by the fact that this deal in question seems to be not only exclusive and in perpetuity for the library to have the song, they are ALSO not giving any upfront money to the composer.

So, what then is the motivating factor for the library to try to place that song? They have the song for life and they paid nothing for it. Sounds pretty one sided to me. Sure, they could get some nice placements but then again, they may not.

What I consider a good deal on an exclusive agreement is one of two things (a) upfront money or (b) a specific term on the song. Either way give the library a reason to "work it" on your behalf. When people have noting to lose by adding your song in their pile they also have no real motivation to see that song find a home or two.