IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

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LoveToLearn
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IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by LoveToLearn » Tue Jan 19, 2021 3:49 pm

I just got contacted by a COMPANY just received the agreement.....

does ANYONE know what this mean in

SIMPLE WORDS?

please HEEEELP
:roll:



#1

(a) If at any time during the initial 2 -year term COMPOSER accrues $500 or more
in up-front single-track licensing revenue for a given COMPOSITION, the term for that COMPOSITION
will automatically convert to perpetual. For clarification, COMPOSER will be entitled to 50% of applicable
single-track licensing revenue and 100% of writers’ share of any public performance royalties
with respect to the COMPOSITIONS in perpetuity.


#2

Should COMPOSER choose to terminate
this agreement, NAME OF LIBRARY retains the right to collect all Publisher’s performance
royalties generated from the public broadcast of (“NAME OF LIBRARY TITLES”) in perpetuity.


#3

COMPOSER retains the right to sell COMPOSITIONS directly to consumers via on-line
retailers provided that such retailers or their affiliates are not in the business
of licensing music to media including but not limited to film, television, advertising,
and internet, or otherwise engaged in the Production Music Library industry.
(a) COMPOSER retains the right to post COMPOSITIONS on his/her personal website,
or on social media sites for demonstration purposes.


#4

NAME OF LIBRARY shall pay COMPOSER half (50%) of all revenue generated from single-track (non-blanket) or so called “drop” license fees associated with the COMPOSITIONS.
NAME OF LIBRARY shall not otherwise be required to pay monies or provide compensation to COMPOSER for the licensing, exploitation, and distribution of the COMPOSITIONS.



#5
COMPOSER grants NAME OF LIBRARY the right and authority to rename COMPOSITIONS (“NAME OF LIBRARY TITLES”) and register NAME OF LIBRARY TITLES
with applicable Performing Rights Organizations with COMPOSER as Writer and NAME OF LIBRARY as Publisher.
COMPOSER agrees that (“NAME OF LIBRARY TITLES”)are unique to NAME OF LIBRARY in perpetuity regardless of any termination of this Agreement.

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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by cassmcentee » Tue Jan 19, 2021 4:34 pm

I'm no Lawyer...
#1 Two year contract becomes eternal if they make some good money
#2 If you bow out of the contract the Library remains the Publisher for that composition (50/50)
#3 You can sell copies of your tune while the Library remains the Publisher (50/50)
#4 Your deal is 50/50
#5 The Library can change the title of the tune
Robert "Cass" McEntee
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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by LoveToLearn » Tue Jan 19, 2021 8:16 pm

Dear cassmcentee,

Thank you SO much for replying!!!

*************************************************************************
#1 -

(The company quote)

"COMPOSER" will be entitled to 50% of applicable
single-track licensing revenue"

(Question from me to cassmcentee regarding #1)

once I receive/accrue $500 or more do I automatically would own:

50% of the PUBLISHER share? and 100% as a writer?

**************************************************************************
#2


cassmcentee MENTION

"if you bow out of the contract" the Library remains the Publisher for that composition (50/50)

(Question from me to cassmcentee regarding #2)

does this means i will have 50% of the PUBLISHER share? and the company the other 50% of the PUBLISHER share for ETERNITY

the company would OWN 50% of the PUBLISHER share for ETERNITY?
i would OWN 50% of the PUBLISHER share for ETERNITY (obviously) for ETERNITY!


"if I bow out of the contract" ?

**************************************************************************

THANK YOU!!!!!!!! cassmcentee

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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by cassmcentee » Tue Jan 19, 2021 8:29 pm

Bowing out = leaving the contract

50/50 = 100% Writers share for You/Writer 100% Publishers share for the Library/PUBLISHER
Robert "Cass" McEntee
"Making music on a spinning ball of Magma"
https://soundcloud.com/robert-cass-mcentee
https://www.taxi.com/members/DosPalmasRecordings

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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by Kolstad » Wed Jan 20, 2021 1:02 am

#4 I think also means that any placements you may get as part of a blanket deal, will not make you any money from the library.

You should research the library thoroughly and check if they mainly do those types of blanket deals, or if they also get «drop» placements. Do they work with Scripps or ESPN? (Who does blanket deals in the US)

Not a lawyer, but when you try to translate contracts, some of the actual meaning may get lost. So make sure you understand what is written, and not just what we say casually in a public forum. Contracts are anything but simple.

It may be a good time to get in touch with a lawyer, to educate yourself in these matters. Get a short review of the contract at hand, and some general advice you can use onwards. It can be money well spent at this point.

Also take time to watch the episodes on Taxi TV with Erin Jacobson.
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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by irthlingz » Thu Jan 28, 2021 1:54 am

#4 I think also means that any placements you may get as part of a blanket deal, will not make you any money from the library.
But I think you would still get the writer's share, which is collected and paid by the PRO.

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Re: IN SIMPLE WORDSSSSS-----PLEASE HELP!!!!

Post by andygabrys » Thu Jan 28, 2021 12:00 pm

EDIT: Forgot to ad that I am not a Lawyer and this does not constitute legal advice.

#1

(a) If at any time during the initial 2 -year term COMPOSER accrues $500 or more
in up-front single-track licensing revenue for a given COMPOSITION, the term for that COMPOSITION
will automatically convert to perpetual. For clarification, COMPOSER will be entitled to 50% of applicable
single-track licensing revenue and 100% of writers’ share of any public performance royalties
with respect to the COMPOSITIONS in perpetuity.

Meaning that if you make $500 in SYNC / MASTER Use fees during the first 2 years that a song is signed then that song will be held forever by that publisher and they will continue to shop it around.

Since the deal is 50/50 - both the upfront fee will be split 50/50 and the royalties / back end split 50/50.

This means that when the song earns $500 to you upfront, the publisher will also get $500 (meaning the song is actually earning $1,000 up front).

This also means that you get 100% of the writers share of royalties, and the publisher gets 100% of the publishers share of royalties.

This is not a bad deal. I have several contracts that do this kind of arrangement, one of which does a lot of ad music in LA. As long as they are pitching it I am happy to take the money even if it means they have it in-perpetuity.

A lot of other places take your tracks in-perpetuity but don't necessarily pitch for ads or any kind of deals that have up front license fees. They pitch to so call "gratis" tv uses where the only money is royalties. That is pretty common today.




#2

Should COMPOSER choose to terminate
this agreement, NAME OF LIBRARY retains the right to collect all Publisher’s performance
royalties generated from the public broadcast of (“NAME OF LIBRARY TITLES”) in perpetuity.

This is a little unclear as it is not specifically relating to the titles which have individually earned total of $1,000 up front and are converted to in-perpetuity or all titles that you signed with the publisher.

Assuming that it relates to the individual titles that have each earned over $1,000 up front and have been converted to in-perpetuity then it means that the publisher can continue to shop those around and earn money - and by usual standards that will mean you will continue to earn your writers share on those as well.




#3

COMPOSER retains the right to sell COMPOSITIONS directly to consumers via on-line
retailers provided that such retailers or their affiliates are not in the business
of licensing music to media including but not limited to film, television, advertising,
and internet, or otherwise engaged in the Production Music Library industry.
(a) COMPOSER retains the right to post COMPOSITIONS on his/her personal website,
or on social media sites for demonstration purposes.

This means that you cannot compete directly with the Publisher by trying to pitch the song to a film production company or a music supervisor working on an ad campaign.

It does indicate that you can sell downloads / streams on Apple Music or similar - which are all sold as "personal licenses" and cannot be used for public broadcast.



#4

NAME OF LIBRARY shall pay COMPOSER half (50%) of all revenue generated from single-track (non-blanket) or so called “drop” license fees associated with the COMPOSITIONS.
NAME OF LIBRARY shall not otherwise be required to pay monies or provide compensation to COMPOSER for the licensing, exploitation, and distribution of the COMPOSITIONS.

This is the worst part of the clause but not un-common these days.

When tracks are used in TV, they are either procured individually, or in a suite of tracks (of any number) covered by a "blanket" agreement.

So in this contract - if one track is used on a show or maybe a Taco Bell advertisement then you will get 50% of the total up front license fees.

OTOH - if your track is one of 300 tracks sent to a production company for a show like Catfish, and the production company pays the publisher a blanket license fee of say $30,000 - then the publisher is not obligated to send you any of that blanket money. Same story as if your Taco Bell track is one of 20 tracks that were used in a blanket agreement where the ad agency paid $50,000 to the publisher for the use of those 20 tracks. You get nothing.

In a lot of cases, TV uses of music still earn back end royalties, so you are going to get your writers share, which for tracks that get played a lot could be decent cash although you probably rather have the upfront license fees.

There is a really awful aspect of this though which was mentioned above:

Some networks do not pay PRO royalties like Scripps. So the publisher will get the blanket and you will get nothing, for now and forever when the song is used on those Scripps Shows. Most people hope that their tracks get used on other paying networks and maybe that makes sense.



#5
COMPOSER grants NAME OF LIBRARY the right and authority to rename COMPOSITIONS (“NAME OF LIBRARY TITLES”) and register NAME OF LIBRARY TITLES
with applicable Performing Rights Organizations with COMPOSER as Writer and NAME OF LIBRARY as Publisher.
COMPOSER agrees that (“NAME OF LIBRARY TITLES”)are unique to NAME OF LIBRARY in perpetuity regardless of any termination of this Agreement.

This means as other people responded above - they can retitle "fresh pop tune" to any title they want.

It also means that they can cut multiple deals with multiple production companies and call the same song 10 different titles. As long as you get your share of the money that's not really a negative aspect.

You will often find that a publisher will ask you to sign the song EXCLUSIVE to them and then they will sign it NON-EXCLUSIVELY with a number of different parties - sometimes offering part of the publishers share to those parties as a carrot to use the tracks. Again - as long as you are getting your 50% of upfront (except blankets) and your 100% of writers royalties then it doesn't really affect you, although it does tend to cheapen the product as it can have a reduced amount of cache as everybody has it.

It's a strange world.

Sorry for the essay
Last edited by andygabrys on Thu Jan 28, 2021 1:02 pm, edited 1 time in total.

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