Non Exclusive deals with 100% publishing question

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kregdurant
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Non Exclusive deals with 100% publishing question

Post by kregdurant » Thu Jun 23, 2022 2:08 pm

If a non exclusive library says they want 100% of your publishing, isn't this essentially "exclusive" by proxy? I know the difference between the 2, but if a NON exclusive library wants 100% of your publishing, it now vastly limits the amount of other libraries you can submit to, and in turn would make that semi exclusive just based on that alone, because you no longer have any publishing to give.

And i feel like these libraries would have less motivation to shop your songs for placements in this situation, knowing with a non exclusive deal you would be shopping your songs around anyways, and they could leech off placements they didn't get without even lifting a finger.
(I know i know, they want the publishing so they can reproduce without issues)
Are these the kind of deals where you only go after upfront fees and have a "sunset clause"?

I know i'm asking alot of questions here lol, still new, trying to soak it all up. I've got both artist, and instrumental songs I'm wanting to pitch, so just trying to get a solid base of knowledge before i get into it.

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Re: Non Exclusive deals with 100% publishing question

Post by AlanHall » Thu Jun 23, 2022 5:13 pm

I'm no copyright or entertainment lawyer, but...

My take on this is that the library in question wants their 100% of any publishing for placements that they make. Being non-exclusive, they don't get anything from placements that another library may make, or that you may make on your own.

Did I get this right?

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Re: Non Exclusive deals with 100% publishing question

Post by Casey H » Thu Jun 23, 2022 5:35 pm

AlanHall wrote:
Thu Jun 23, 2022 5:13 pm
I'm no copyright or entertainment lawyer, but...

My take on this is that the library in question wants their 100% of any publishing for placements that they make. Being non-exclusive, they don't get anything from placements that another library may make, or that you may make on your own.

Did I get this right?
Yes. They should get 100% publishing on the re-titled version that they register. Re-titling is the way almost all non-exclusive libraries work. The new title might be a slight variant of your title (e.g. from "Time Moves On" to "And Time Moves On" or simply adding a prefix or suffix to your title (From "Time Moves On" to "LibraryA - Time Moves On").

HTH
:D Casey

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Re: Non Exclusive deals with 100% publishing question

Post by kregdurant » Fri Jun 24, 2022 10:52 am

Casey H wrote:
Thu Jun 23, 2022 5:35 pm
AlanHall wrote:
Thu Jun 23, 2022 5:13 pm
I'm no copyright or entertainment lawyer, but...

My take on this is that the library in question wants their 100% of any publishing for placements that they make. Being non-exclusive, they don't get anything from placements that another library may make, or that you may make on your own.

Did I get this right?
Yes. They should get 100% publishing on the re-titled version that they register. Re-titling is the way almost all non-exclusive libraries work. The new title might be a slight variant of your title (e.g. from "Time Moves On" to "And Time Moves On" or simply adding a prefix or suffix to your title (From "Time Moves On" to "LibraryA - Time Moves On").

HTH
:D Casey
You rock casey, thank you! I was wondering about the retitling aspect, so retitling it makes it its own work essientially?
And if you do this, i'd assume you put these new titles under your "Titles" drop down in ascap? or they do it all on their end?

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Casey H
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Re: Non Exclusive deals with 100% publishing question

Post by Casey H » Fri Jun 24, 2022 11:01 am

kregdurant wrote:
Fri Jun 24, 2022 10:52 am
You rock casey, thank you! I was wondering about the retitling aspect, so retitling it makes it its own work essientially?
And if you do this, i'd assume you put these new titles under your "Titles" drop down in ascap? or they do it all on their end?
You don't have to do anything, the library will register the re-title. :D

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Re: Non Exclusive deals with 100% publishing question

Post by cosmicdolphin » Fri Jun 24, 2022 11:08 am

Every Non Ex Library you sign it to will have their own title and register it with the relevant PRO, so they can colelct the publishing on any placements they get for you.

Some will add a pre-fix to the title , others will ask for a unique title without a pre-fix

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Re: Non Exclusive deals with 100% publishing question

Post by kregdurant » Fri Jun 24, 2022 12:25 pm

Casey H wrote:
Fri Jun 24, 2022 11:01 am
kregdurant wrote:
Fri Jun 24, 2022 10:52 am
You rock casey, thank you! I was wondering about the retitling aspect, so retitling it makes it its own work essientially?
And if you do this, i'd assume you put these new titles under your "Titles" drop down in ascap? or they do it all on their end?
You don't have to do anything, the library will register the re-title. :D
Huge help here man! I owe you a beer or 2 in November!

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