75/25 split on song?

[Casey H]

I too received an offer from the aforementioned 75/25 library, but have a slight twist on the situation.

The song of interest is also currently in a non-exclusive library. I have only recently joined this non-exclusive library, so I have not made any money yet, but they have be very helpful and signed 11 of my songs. When I emailed them asking how the exclusive/non-exclusive legalities worked, they even offered to remove the song if I wanted. I was surprised and thought that was a pretty classy move on their part.

Now I am stuck debating whether to pull this tune from the non-exclusive library to get some exposure in another library. Both libraries have lots of credits, though the exclusive one seems quite a bit larger. The non-exclusive deal is 50/50. Besides the lesser split at the exclusive, I also wasn't too thrilled about signing away my song forever.

My gut says I should keep the song where it's at, but I'd love to get another perspective on my situation.

I'm glad you brought this up. It was very obvious to you that if you have a song in a non-exclusive library, you can't offer an exclusive to someone else. Believe it or not, this is not always clear to everyone and it's very important. I may in the same situation where I am getting an exclusive offer on a song but the backing track is currently in a non-exclusive library (Yes, even only the backing track matters!). The company that reps the backing track has a great track record of instrumental placements. So, it will be a tough decision.

Regarding this 75/25 exclusive offer. Among the most important points are: What is the term of the contract? Is there a reversion clause? If the contract is "forever" with no reversion, I would ask if they could add a reversion even if as long as 5 years. That's way more important (IMO) than the percentages on sync fees. Personally, I don't like to sign anything that is 100% forever. HOWEVER, I don't write a lot of tracks so each one is more precious to me. If you write a lot of tracks, giving a few to a "forever" deal with a library with a solid track record is not as big of a deal.

Regarding the non-exclusive library you recently signed with, what is their track record like and how does it compare to this library that made you the exclusive offer? It's easy to 'like' a library because they are so 'nice' but ultimately all that matters is their ability to get placements. Like matto said, "artist friendly" is a very deceptive term at times.

Good luck!
Casey

[jnokes]

I'm glad you brought this up. It was very obvious to you that if you have a song in a non-exclusive library, you can't offer an exclusive to someone else. Believe it or not, this is not always clear to everyone and it's very important. I may in the same situation where I am getting an exclusive offer on a song but the backing track is currently in a non-exclusive library (Yes, even only the backing track matters!). The company that reps the backing track has a great track record of instrumental placements. So, it will be a tough decision.

Regarding this 75/25 exclusive offer. Among the most important points are: What is the term of the contract? Is there a reversion clause? If the contract is "forever" with no reversion, I would ask if they could add a reversion even if as long as 5 years. That's way more important (IMO) than the percentages on sync fees. Personally, I don't like to sign anything that is 100% forever. HOWEVER, I don't write a lot of tracks so each one is more precious to me. If you write a lot of tracks, giving a few to a "forever" deal with a library with a solid track record is not as big of a deal.

Regarding the non-exclusive library you recently signed with, what is their track record like and how does it compare to this library that made you the exclusive offer? It's easy to 'like' a library because they are so 'nice' but ultimately all that matters is their ability to get placements. Like matto said, "artist friendly" is a very deceptive term at times.

Good luck!
Casey

I don't write a lot of tracks either and there is no reversion clause. The non-exclusive gets good reviews on http://musiclibraryreport.com and lists many credits on their website, though not near the credits of the exclusive. The exclusive just showed up on http://musiclibraryreport.com and only has a handful of comments so far.

[Casey H]

I'm glad you brought this up. It was very obvious to you that if you have a song in a non-exclusive library, you can't offer an exclusive to someone else. Believe it or not, this is not always clear to everyone and it's very important. I may in the same situation where I am getting an exclusive offer on a song but the backing track is currently in a non-exclusive library (Yes, even only the backing track matters!). The company that reps the backing track has a great track record of instrumental placements. So, it will be a tough decision.

Regarding this 75/25 exclusive offer. Among the most important points are: What is the term of the contract? Is there a reversion clause? If the contract is "forever" with no reversion, I would ask if they could add a reversion even if as long as 5 years. That's way more important (IMO) than the percentages on sync fees. Personally, I don't like to sign anything that is 100% forever. HOWEVER, I don't write a lot of tracks so each one is more precious to me. If you write a lot of tracks, giving a few to a "forever" deal with a library with a solid track record is not as big of a deal.

Regarding the non-exclusive library you recently signed with, what is their track record like and how does it compare to this library that made you the exclusive offer? It's easy to 'like' a library because they are so 'nice' but ultimately all that matters is their ability to get placements. Like matto said, "artist friendly" is a very deceptive term at times.

Good luck!
Casey

I don't write a lot of tracks either and there is no reversion clause. The non-exclusive gets good reviews on http://musiclibraryreport.com and lists many credits on their website, though not near the credits of the exclusive. The exclusive just showed up on http://musiclibraryreport.com and only has a handful of comments so far.

You have to be careful evaluating libraries based on what you read there. There is some useful information but there are no qualifications required to post. So you get comments from both experienced folks and a lot of not-so-experienced folks. There is a tendency for people to say good things about libraries based on how "nice" they were, how easy it was to submit, etc. In most cases, that is the wrong criteria BY FAR. Some of the best libraries have little or no comments. What matters is a library's track record, not how easy it was to upload your mp3 or that the president of the library called you personally. I think on this thread or another, matto mentioned that "artist friendly" doesn't mean anything if they can't place your tracks.

Base your decision on factors like track record, size of library (sometimes small is better than big- it varies), what kind of contacts they have (if you can find out), etc. For example, there is one library out there (starts with "P", lol) that gets a lot of placements but is MEGA-HUGE with millions of tracks. Your song could get lost in a huge sea of many. Some smaller "boutique" libraries keep the catalog small but are very selective and do well placing those songs.

If the non-exclusive library you are in DOES have a good track record and you don't write a lot of tracks, that leans this more towards staying with the non-exclusive one. One thing I would do is go back to the exclusive one and ask if they would consider adding a reversion clause. They worst they can say is "no". For me personally, as someone who doesn't write a lot of tracks, I wouldn't give away a good song unconditionally forever. That's ME... This COULD very well be a good deal for you.

I know.... it's a tough decision.

Whatever you do, make sure you review the contract with a qualified entertainment attorney.

Best
Casey

[ullali]

THANKS A LOT for all the great advise in here! I keep learning so much from you guys.

I must say the 'FOREVER' (and exclusive) thing is something that scares me too.

When it comes to my already recorded/published songs I feel VERY protective about these (probably far too much?), but then I write new stuff that I don't feel quite as attached to and that I can use to try and learn the business with, how it works and all, without feeling too bad IF I end up doing something 'not too clever'.