Music License contract ?

[sethlit2]

Hello Everyone! First off, great forum, lots of great info. I'm a total newbie in the music licensing world and I've got a question for those with any experience/knowledge. I recently got 2 songs accepted in a Library. After reading the 4 page contract, I'm a little confused about one thing (mainly). Do they have the right to re-record my song with another artist? Here's the clause that I'm not quite clear on:

"In this regard, Licensor further acknowledges and agrees that Licensee shall have the
right and authority to negotiate and settle any and all terms and conditions of each and every
Designee Exploitation, including, without limitation, the specific type of use (e.g., without
limitation, to include and/or embody, make synchronization uses of, transmissions, broadcasts,
public performances, recording, re-recording, reproducing, distributing)"

I understand that I should have a lawyer check it, but I was hoping to save the costs and see if any one has a better understanding on what exactly I'm allowing by signing. I wrote the two songs for our band's new EP, and I was hoping to use the library as a form of exposure (film,tv, video game, whatever), not for another artist to record it. However, I have a ton of other tunes in my personal library (with more coming) and so I'd love to get my foot through the door. What do you think? Thanks for any help/advice.

[Casey H]

Hi
You still should take it to a qualified music attorney- there really is no substitue.

The way *I* read it is this... Libraries want to be able to do whatever it takes to place your song in sync to film, TV, etc. They don't want to be restricted from editing, overdubbing, etc-- whatever it takes and can't have any limitations on applications that would hamper a negotiation with their client. Their intention is not at all to have an artist record your song.

The paragraph you posted has to be taken in the context of the rest of the agreement-- what rights you have given in the body of the doc. VERY GENERALLY speaking, if it's a music publishing type contract whereby you assigned the copyright to them, they have broader rights than if it's a music library one where basically you are giving them the right to pitch for sync with video.

(IMHO & not legal advice, limited info...) If everything else is OK with the deal, I wouldn't let that be a show-stopper, however there is nothing wrong with asking for clarification from them.

And you really should take it to a music attorney.

Good luck
Casey

[matto]

Technically they do have the right to re-record it but if they are like virtually every music library on the planet the chances of them doing this are probably no bigger than being struck by lightning. And even if they did re-record it for something, you would still be the writer and therefore it would be a great credit nonetheless. Cause the only way they would ever consider rerecording it is if it was for a really big thing that paid them enough to afford the re-record.

The type of language you are quoting is typical boilerplate music contract lingo designed to give the company every option, regardless if it's an option they'll ever use.
In general this language is included to make sure the end user (the library's client) has the ability to edit the song to picture to best suit the scene it's used for...In other words so you won't go after them for cutting out half of the second verse that you're in love with because the scene required the chorus to come in sooner...

I would agree with Casey, ask them to clarify the point for you. Then decide what to do after you hear the clarifiction...

[sethlit2]

matto, Casey H-

Thanks for the help. Yes, the contract is with a music library out of Quebec. It looks like a 50/50 spit. I figure I'm being a little paranoid with the tunes. I hadn't considered the costs of re-recording a song. Great point. And in the unlikely event, I'd imagine there being some considerable compensation involved...which is a "problem" I would not mind having. But you're right, I should try to get an entertainment attorney to look over the contract, mainly to explain the legalese so I can have better knowledge for future contracts (positive thinking). I'm real excited with my newly energized compose/submit routine I've started. I'm optimistic in making a little bit more income through the licensing world. Yet, I have much to learn. Thanks for the info.