Question about exclusive music library contracts

A creative space for business discussions.

Moderators: admin, mdc, TAXIstaff

Post Reply
jeanna
Getting Busy
Getting Busy
Posts: 60
Joined: Thu Jul 02, 2009 5:46 am
Gender: Female
Location: Portland, OR
Contact:

Question about exclusive music library contracts

Post by jeanna » Wed Mar 24, 2010 11:31 am

I just recently got a forward to a pretty great music library. I feel confident that it's a good deal but I was hoping that someone could expand on my understanding of the 5 year exclusive contract that I would be signing.

It sounds like the library would own the copyright and the publisher's share and as the composer I would get the writer's share.

If they own the copyright does that mean that I have no control over using those songs for other projects? I know I couldn't use it another library...
Could I post the songs on my sites or use them for any CD's released through my personal production company?

I'm pretty sure that the answer to all of this is no I can't use it for anything but I just wanted to get confirmation that I'm on the right page.

Any thoughts would be most welcome!

Thanks,

Jeanna

User avatar
k o star
Serious Musician
Serious Musician
Posts: 3102
Joined: Sun Feb 08, 2009 4:51 am
Gender: Male
Location: Victoria
Contact:

Re: Question about exclusive music library contracts

Post by k o star » Thu Mar 25, 2010 1:12 am

I'm not sure the answer but CONGRATS on the forward!! :P
Keltrasonics Kellosphere & KO Quantum Leap =D

©2012, K. O. STAR (Kelvin) APRA- All Songs & Artwork Registered & Protected.
http://www.kostar8.com

User avatar
guscave
Committed Musician
Committed Musician
Posts: 836
Joined: Fri Jan 23, 2004 3:48 am
Gender: Male
Location: miami, florida
Contact:

Re: Question about exclusive music library contracts

Post by guscave » Thu Mar 25, 2010 7:36 am

jeanna wrote:I just recently got a forward to a pretty great music library. I feel confident that it's a good deal but I was hoping that someone could expand on my understanding of the 5 year exclusive contract that I would be signing.

It sounds like the library would own the copyright and the publisher's share and as the composer I would get the writer's share.

If they own the copyright does that mean that I have no control over using those songs for other projects? I know I couldn't use it another library...
Could I post the songs on my sites or use them for any CD's released through my personal production company?

I'm pretty sure that the answer to all of this is no I can't use it for anything but I just wanted to get confirmation that I'm on the right page.

Any thoughts would be most welcome!

Thanks,

Jeanna
This really depends on the contract and weather it is full exclusive or semi exclusive deal. Some libraries that offer semi-exclusive will allow you to sell the song on your own website, and even pitch to other Artists but not allow you to place with other libraries. Most "full" exclusive libraries however will not allow you to do anything with it once you sign it to them.

User avatar
bigbluebarry
Serious Musician
Serious Musician
Posts: 1715
Joined: Wed Jan 02, 2008 9:42 am
Gender: Male
Location: Nashville, TN
Contact:

Re: Question about exclusive music library contracts

Post by bigbluebarry » Thu Mar 25, 2010 9:29 am

Echoing what Gus said, it really does depend on the wording in the contract. There is probably a section in your contract in which they state something to the effect of "...the Writer hereby exclusively licences to the Publisher... the sole and exclusive right to exploit the works... blah blah blah... yada yada yada "

I signed an exclusive deal with a library a couple of months back and I'm unable to do anything with the songs on my own during the length of the contract.

hth,
- Big Blue
Imagine a steel cage match between Daughtry, Coldplay, Paramore and Demon Hunter with Joe Satriani as the referee...

http://www.taxi.com/bigbluebarry
http://www.bigbluebarry.com
http://www.twitter.com/bigbluebarry

User avatar
Casey H
King of the World
King of the World
Posts: 14668
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: Question about exclusive music library contracts

Post by Casey H » Thu Mar 25, 2010 11:05 am

Jeanna
There are many different types of contracts with all sorts of wording. Speaking generally, if the contract is more like a publishing contract whereby it states that you assign the copyright to the library, you can't do anything without their OK. They would be the true publisher and be responsible for all marketing of the song. If this is an exclusive library deal without assignment of copyright, things can be different. Again, it's hard to say without reading the whole contract.

However, even if you have assigned copyright and they are the publisher, sometimes if you want to do something you can ask their permission and get it. I had a song under a single-song publishing contract years ago whereby the publisher let me pitch the song as long as I affixed the (c) notice with their name and used their contact info on labeling.

I do recommend you review the contract with a qualified music attorney.

Congrats and good luck!
:) Casey

jeanna
Getting Busy
Getting Busy
Posts: 60
Joined: Thu Jul 02, 2009 5:46 am
Gender: Female
Location: Portland, OR
Contact:

Re: Question about exclusive music library contracts

Post by jeanna » Thu Mar 25, 2010 11:11 am

Thanks everybody. I've been getting a lot of help on this lately and getting everyone's different opinions and experiences has been most helpful.

The library has been really helpful as well and I feel comfortable going with them now.

Thanks again and hopefully, as I delve further and further into this music library world, I'll be able to have more answers for the forum then questions:)

Having fun while I'm learning thought that's for sure!!!

Post Reply

Who is online

Users browsing this forum: No registered users and 4 guests