NonExclusive with no permission of license & other question

[edmondredd]

A question to the veterans out there, since I've never encountered something similar.

Ok, so for one of Taxi's listing- a Direct to sup.- it's said

There will be a Non-Exclusive license fee of $XXXX, All-Inclusive per Instrumental, for X Years. The deal is NON-Exclusive, but you will not be permitted to license the same song for other video games during the contract period.

What I understand from that, in a common language is:

1. If my cue is picked I'll receive the XXXX amount of money upfront

2. It's an exclusive track for X years instead of in perpetuity.

Right?

. So what does "All-Inclusive per instrumental" mean?

. During that time, could I possibly submit the same cue for a different medium, say a TV commercial, a movie trailer or anything that has noting to do with video game?

. Last but not least: after the X years, is the contract automatically renewed, or I'm actually free to re-submit the cue to other listing?

[hummingbird]

I read this as

-an all-inclusive licence fee (meaning what they pay you covers all uses of the track wherever they place it);
-it's a non-exclusive deal meaning you can pitch it for film/tv or other uses, but no other video games for the period of the contract. Exclusive for video games, non-ex for other uses;
-a new contract or agreement would typically be made at the end of the first contract period (hey we'd like to extend our agreement or, no, all rights revert back to you).

all the above is just my opinion, I am not a lawyer. Only submit if you are prepared to do the deal they have spelled out, which is, imo, not bad

cheers
H'bird

[edmondredd]

thanks a bunch HB,

I read this as

-an all-inclusive licence fee (meaning what they pay you covers all uses of the track wherever they place it);

so from what I understand is that it's a one time fee only, no royalties involved?
Or are these too non related?

[hummingbird]

can you post the listing?

[edmondredd]

EPIC, ACTION/ADVENTURE-Style ORCHESTRAL INSTRUMENTALS are needed by an A-List Music Supervisor for $2,400 NON-Exclusive placements in a brand new Virtual Reality Video Game. He’s looking for exhilarating, Mid-to-Up-Tempo Instrumentals that could be found sharing a playlist with legendary Composers like Inon Zur, Christophe Beck, Michael Giancchino, Brian Tyler, etc., etc., etc. Take a careful listen to the following examples to get an idea of what they need for this exciting Video Game: “Main Theme” (Fallout 3) by Inon Zur: https://www.youtube.com/watch?v=SMpnUmeYeeY “Navigating The Beach” (Edge Of Tomorrow) by Christophe Beck: https://www.youtube.com/watch?v=EURgt1-kMhI “Enterprising Young Men” (Star Trek) by Michael Giancchino: https://www.youtube.com/watch?v=mDsAs5dxuiA “Ships of Legend” (Assassins Creed) by Brian Tyler: https://www.youtube.com/watch?v=-0mpmNK45Qo Please submit original, authentic-sounding Orchestral Instrumentals that deliver an action-packed, dramatic, and heart-pounding sound. Massive drums, full string sections, and big triumphant horns will all work nicely for this pitch. Your instrumentation should sound authentic, like a believable orchestra, played by real humans. Material that sounds stiff, synthetic, or MIDI-driven will not work for this pitch. Break out your best samples and do a great job with your articulations, etc. Building excitement and intensity as your piece progresses is the way to go! Your submissions should be at least 2 minutes in length. Good edit points and non-faded, buttoned/stinger endings are needed for this pitch. Do NOT copy or rip off the references in any way, shape, or form. Use them only as a general guide for feel, texture, tone, and vibe. Broadcast Quality is needed (great sounding home recordings are fine). There will be a Non-Exclusive license fee of $2,400, All-Inclusive per Instrumental, for 5 Years. The deal is NON-Exclusive, but you will not be permitted to license the same song for other video games during the contract period. You must own or control the Master and Copyright. All submissions will be screened on a Yes/No basis by a TAXI screener handpicked by the Video Game Company! No full critiques. Please submit 1-3 Songs online or per CD, no later than 11:59PM (PDT), on Tuesday, July 19th, 2016. TAXI #U160719AA

[shorttonpro]

The only tough thing about this deal is if you have the track in any non-exclusive libraries currently. The library will try to place your track in as many places as possible, including video games, and it would be tough to get them to keep track of excluding video games for 5 years. If the track is only being self pitched then you can limit what other opportunities you pitch for.

My understanding of all -inclusive would be that no future royalties are earned apart from the upfront fee (but as it is a video game, that is ideal as I don't believe PROs monitor or pay on games.

[hummingbird]

Thanks for posting the listing. It's basically a payout for all uses of the track for 5 years, exclusive to them for video games. I would think, as mentioned above, you could still pitch it for direct to supervisor but avoid placing it in non-excl libraries as you have no control over what the track is pitched for.

I'd just keep the track exclusive except for other direct to supervisor film or tv opps.

[edmondredd]

Thank you for your answers, I still have to hear back from the sup

But now there are 2 new things I'd like to know more about:

1. Royalties do not apply on games in general (Whether it's a payout or a licensing), right?

2. Say I land this deal; I'll have to register this cue with my PRO (SOCAN). I'm guessing it's a simple easy step that would take 2-3 days.
Meanwhile, during 5 years, all I can do is probably direct to supervisor, for film and TV.
After the 5 years (I am maybe thinking too much about it), having the track registered with my PRO, how can I submit it again for any other library? won't that be a problem?

[hummingbird]

1. Royalties do not apply on games in general (Whether it's a payout or a licensing), right?
I imagine that's right unless the soundtrack is used for advertising or something, prob why the upfront is 4 figures

2. Say I land this deal; I'll have to register this cue with my PRO (SOCAN). I'm guessing it's a simple easy step that would take 2-3 days.
Doesn't take too long, I've registered stuff fairly quickly.

Meanwhile, during 5 years, all I can do is probably direct to supervisor, for film and TV.
yes

After the 5 years (I am maybe thinking too much about it), having the track registered with my PRO, how can I submit it again for any other library? won't that be a problem?
Just contact SOCAN and explain the contract is over. I had the same thing with 3 tracks that reverted after two years. They advised me to reregister them under my name only... but check with SOCAN when the contract is up so you are doing it correctly

just as an added note, if you are going to submit the same track direct to sup you might want to rename it so you can keep track of who is using it and where the royalties (if any) are coming from.

Don't sweat it. It's only one track

If you get the deal, congrats!

waves from the wet coast
H'Bird

[edmondredd]

Don't sweat it. It's only one track

You're right! my bad
but thanks as always