non-exclusive vs exclusive...

[vicky]

Hey there...I hope it's not too obnoxious of me to appear after a posting hiatus, and need an answer Now (dispatch due at 4pm) ... Can I submit songs on a non-exclusive deal (already signed and a done deal)...to the listing that is looking to sign songs for an exclusive deal? .....if I'm interested in an exclusive deal, does that mean I can't be in another deal at the same time? even if the other deal is signed first?thanks,vtbpHi everyone...I've been missing posting and the camaraderie; I've been busy writing; things are going so well I'm running out of finished songs.......plus the casting director of Jingles found me even though I didn't get it together in time for the Taxi application, and I thought I was moving for 4 weeks to an "undisclosed" location....and maybe win and make more money than God (well, maybe)....so I spent two weeks trying to make everything under the sun into a funny TV commercial.......then I called him back 12 hours too late to make the show....LET THAT BE A LESSON TO US ALL..... vtbp

[mer]

Vicky, I've been pondering this question as well, but unless you can get the song back from the non-exclusive deal, you don't have the rights to offer the next place the "exclusive" deal. That's how I've been thinking of it. You see, it is already out in the world.I suppose you can submit it, then if it gets forwarded say "sorry this piece is not available exclusively since it already is signed at so-and-so", when they send you the contract, which might be a long time from now (but not usually if it is Dispatch?)Hope this helps...And your cautionary tale is a good one, I feel for you! I've done a similar thing myself... and also caught myself a couple of times and made the response in time...--Mer

[vicky]

Mer...thanks so much.....also....a word on the cautionary tale....I'm really learning that being contacted for a deal can take years, but once contacted we only have days to respond.....go figure vtbp

[squids]

Hey Vicky,Sorry about the Jingles thing, what a ginormous pain! About the non-exclusive versus exclusive......if you've got a non-exclusive out there and it hasn't been doing anything but collecting dust on some guy's desk and the exclusive looks more lucrative, you can ask that the non-exclusive let you go. I did that recently and my guy was totally great about it, responded quickly and courteously which is why he'll get more of my business in the future. The other guy didn't respond at all, so he won't get squat from me. Never mind that he's had the same tune for 2 YEARS and didn't do squat with it. Anyway, you could try this, see how it works out. Good luck!

[vicky]

Squids...Thanks for sharing your experience with the song in a library for two years....I decided not to submit anything that has a deal for the listing I was looking at, but in the future, I will consider your approach....thanks again,Vicky

[slideboardouts]

Great question... and like so many others is one that I don't really know the answer too lol.But...my guess would be that the company wanting an exclusive deal would probably not want to sign a song that was signed non-exclusively to another library. I think I might have read something on here about that too...but I might wrong.But if the library wants it really bad, maybe you could negotiate something.-Steve

[vicky]

thanks for the input Steve...the 'non-exclusive" seems more common, which is good.......and most contracts have an "out" which seems to be about 30 days if an amazing opportunity arises and that isn't too long....thanks,vtbp

[remmet]

I've wondered what the advantage is to offering your work in an exclusive arrangement. It seems to me that you could be left with a viable piece of music that sits forever with the exclusive licensor and be unable to sell it anywhere else. In these situations, shouldn't the licensor offer you an incentive for tying up your music for an extended period of time? Like paying you an upfront "exclusive use" fee? Anyone know how this works in the real world?Richard

[hummingbird]

Sept 19, 2008, 10:18pm, remmet wrote:I've wondered what the advantage is to offering your work in an exclusive arrangement. It seems to me that you could be left with a viable piece of music that sits forever with the exclusive licensor and be unable to sell it anywhere else. In these situations, shouldn't the licensor offer you an incentive for tying up your music for an extended period of time? Like paying you an upfront "exclusive use" fee? Anyone know how this works in the real world?RichardI would never sign an exclusive agreement that didn't have a reversion clause. Beyond that, each offer needs to be dealt with individually. I doubt very much anyone is going to pay anything up front unless & until they place the piece and get paid themselves. Standard deals (if there really are such a thing) tend to be 50% licencing plus songwriting, and a share of publishing. One real world example is an exclusive agreement I signed earlier this year for 4 tracks. Two year reversion, 50% licencing, 50% publishing, 100% songwriting. When a track is placed in film/tv, I get the licencing "up front" (I am paid at the end of the reporting period specified in my deal) and the royalties after cue sheets are filed & my Pro gets to them. I've seen exclusives with terms from 2 years to 5 years... if you watch the Matt Hirt videos, you start to get the idea that you have to think long term anyway. Just like a bunch of us get forwards but only a couple get a deal, a library or publisher can be pitching your track along with others to appropriate opps over time, and not get a nibble for a while. So the secret is (given that the deal is fair), not to worry about "tying up" your tracks in exclusive deals for 2 or 3 years... but to write, pitch and sign a good number of good quality tracks over time, so that you have more tracks being pitched by libraries & publishers (exclusive or not)... and therefore the odds for actual placement are much better.Frankly, as long as the deal is a fit & there's a reversion clause (min 2 yrs, max 5 yrs), I have no qualms about exclusives.JMHO PS - if you already have a track signed non-exclusively and you are offered an exclusive deal, you have three options: a) go to the non-exclusive and ask to be released (see your deal for details); b) tell the exclusive the track is signed but you can write another one; c) turn down the exclusive. I'd tend to go with a or b unless the deal isn't a fit for me.

[matto]

Sept 19, 2008, 10:36pm, hummingbird wrote:I would never sign an exclusive agreement that didn't have a reversion clause. Beyond that, each offer needs to be dealt with individually. I doubt very much anyone is going to pay anything up front unless & until they place the piece and get paid themselves.Sure there are deals where you get paid upfront, I've signed many. Those are of course exclusive deals, and they don't offer a reversion, since you got paid.These deals usually come from more established or larger companies that have production budgets. There are many libraries that operate this way.matto