Making sure your contracts look ok?

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shyof11
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Making sure your contracts look ok?

Post by shyof11 » Mon Feb 14, 2022 8:39 pm

I know signing a contract blindly is foolish, so do you always have someone look over your contracts to make sure they are ok if you are unsure? Also is there a resource for taxi members when it comes to contract advice or is this something ppl generally pay lawyers to do? I have tried to educate myself on the subject but I am not that versed in this area. Any advice appreciated.

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Re: Making sure your contracts look ok?

Post by hummingbird » Tue Feb 15, 2022 5:37 am

TAXI TV

Music Library Contracts with Erin Jacobson, Esq.
https://www.youtube.com/watch?v=Sr8bKyG_iJI

Music Law Q&A with MUSIC ATTORNEY [ft. Erin Jacobson]
https://www.youtube.com/watch?v=SFAN_JuSk_Q

Music Attorney Live Q&A with Erin M. Jacobson, Esq.
https://www.youtube.com/watch?v=jHuAOjWpocs

Best Ways to NOT Get SUED for Your MUSIC [ft. Music Attorney, Erin Jacobson]
https://www.youtube.com/watch?v=TfO4CoruAeI&t=38s
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Re: Making sure your contracts look ok?

Post by cosmicdolphin » Tue Feb 15, 2022 10:37 am

I just sign 'em without even reading. I think I read the whole of the first one I ever had but it's a bit like those EULA's you get with software...scroll...scroll..OK..next

It's not like they are going to change them if you disagree with any of it, they'll just move on to the next person.

Mark

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Re: Making sure your contracts look ok?

Post by hummingbird » Tue Feb 15, 2022 11:58 am

You do need to know if it's exclusive or non-exclusive, at the very least.
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Re: Making sure your contracts look ok?

Post by cosmicdolphin » Tue Feb 15, 2022 1:31 pm

hummingbird wrote:
Tue Feb 15, 2022 11:58 am
You do need to know if it's exclusive or non-exclusive, at the very least.
You should know that before you even submit.

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Re: Making sure your contracts look ok?

Post by Casey H » Tue Feb 15, 2022 1:44 pm

hummingbird wrote:
Tue Feb 15, 2022 11:58 am
You do need to know if it's exclusive or non-exclusive, at the very least.
Yes... Key points
Exclusive vs. Non-Exclusive
Split on Sync (Usually 50/50 but can vary)
Split on PRO (Usually 50/50, you get writer's share, they get publisher's share. My opinion is never give up writer's share)
Term: Is it in perpetuity (forever?) or can you exit after a period such as 2, 3, or 5 years? (reversion)
If exclusive, is it only exclusive to sync uses or to anything and everything such as Spotify, selling your own downloads, releasing on your artist album, etc.?

**In general**, understanding these items is the majority of what you need to know. Much of the rest is boiler plate legal stuff. The wording regarding some of the above can be very confusing on some contracts. If you aren't sure of something, a polite email asking for clarification is fine. Also, there isn't a right or wrong on the above, it's just important to understand what you are signing and make the decision that's best for you and your tracks. For example... Do you want to sign a track exclusive forever? Do you want to be in a non-exclusive re-title library? Are you OK if the sync is not a full 50%? Do you care if you can still put your track on a streaming service?

All this being said, if it's your first contract in the sync world, you might want to review it with a qualified entertainment attorney mainly for the explanation and education. As someone said, the library is very unlikely to change anything for you. Once you've done this, you'll be better equipped to review future ones on your own. Make sure they explain every paragraph and take notes.

And obviously, don't take legal advice from forums and Facebook. :P

HTH
:) Casey
Last edited by Casey H on Tue Feb 15, 2022 1:49 pm, edited 1 time in total.

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Re: Making sure your contracts look ok?

Post by Casey H » Tue Feb 15, 2022 1:49 pm

cosmicdolphin wrote:
Tue Feb 15, 2022 1:31 pm
hummingbird wrote:
Tue Feb 15, 2022 11:58 am
You do need to know if it's exclusive or non-exclusive, at the very least.
You should know that before you even submit.
Not always. Some libraries have both exclusive and non-exclusive deals but will choose which contract to offer based on the situation. Also, you could submit to Taxi listing and get contacted by the library 8 months later, have no idea what the listing was and/or circumstances regarding the track(s) have changed. I've gotten an email even a year after a submission that said, "We got your track through a Taxi listing and want to sign it. Attached is a contract". [paraphrasing]

I once had a library tell me they would do non exclusive but sent me an exclusive contract by mistake. Reading carefully and understanding what you sign is still important.

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Re: Making sure your contracts look ok?

Post by cosmicdolphin » Tue Feb 15, 2022 3:17 pm

Casey H wrote:
Tue Feb 15, 2022 1:49 pm
Also, you could submit to Taxi listing and get contacted by the library 8 months later, have no idea what the listing was
I would because I track it all on a spreadsheet.

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Re: Making sure your contracts look ok?

Post by VanderBoegh » Tue Feb 15, 2022 3:18 pm

I'll echo what Casey and others said. Contracts aren't typically altered / line-itemed / customized for most music libraries, especially with people just getting started. As you build a credit list, you MAY be able to ask for the alteration of deal points, but that's highly unlikely. Upon first signing with a library, we are nothing more than a person who supplies a commodity, and as such are easily passed on or replaced if you start asking for special treatment. So you either take the contract offer as-is, or you say no. As you spend time with libraries, make money together, and get to know the staff & owner, you can get spoon-fed some cool opportunities if you're a person they like working with.

But I digress....

I still always read every contract I sign. Not with the same fine-tooth comb that I used to read them in my early days, but you really do need to know their rules regarding exclusivity, reversion clauses, and if you're even allowed to post your music on SoundCloud or YouTube just to share it with friends & family. Some have special clauses (like, "if your track doesn't make $xxx in its first year, you can have it back if you execute the reversion clause within 30 days of this contract's signing). Some have special clauses about blanket sync fees that you'll collect at the expense of a percentage of upfront sync fees. Some will own your music in perpetuity (forever), and others will revert the music back to you if they go out of business (I've had this happen with a few libraries). You really should be aware of all these things! And, as Casey mentioned, some libraries offer both exclusive and non-ex contracts, and it's important to know what's being offered to you, especially if they contact you long after you'd forgotten about the forward.

Once you've been through the process once, you'll be equipped with the knowledge to get through it again.

~~Matt

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Re: Making sure your contracts look ok?

Post by glogleemusic » Wed Feb 16, 2022 7:32 am

Thanks one and all for these posts. This is a big help.

I always read the fine print when I'm signing any contract. Old habit from way back.
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