non-exclusive 50/50 deals

[sonotoni]

Hi guys,

I was wondering if it might be a problem to sign 50/50 deals, if the songs are already signed non-exclusive with other recordcompanies or libraries?

would you guys rather go for a buy out or with a 50/50 deal?

thanks

[guscave]

I'm assuming that the person offering you a buy out is wanting your song exclusively. If that's the case, you can't use the songs that are already with the non-exclusive libraries unless you can get them back from those libraries.

[Casey H]

If a track is signed to any, deal exclusive or non-exclusive, it can't be signed to an exclusive deal with someone else. Exclusive means just that-- they are the only ones.

Buy-outs are exclusive. Once you let someone buy out your track, they own it and you can't sign it elsewhere. You generally collect writer's share of performance royalties, though.

You CAN sign multiple non-exclusive deals for the same track. However, whether or not to do that is the point of much discussion. Many experienced folks say to treat each non-exclusive deal as if it were exclusive. (e.g. One track, one library)... Others will disagree for various reasons. One risk of signing to multiple non-exclusives is some parts of the end user base are shifting away from using non-exclusive tracks. If you have tracks in multiple non-exclusive libraries which changeover to exclusive, you would not be able to turn the switch unless you could remove the track from any other libraries-- not always easy.

Casey

[sonotoni]

Thanks, that was helpful!

I guess even if you get a song out of a library which is signed non-exclusively (I'm assuming that's kind of tricky anyway),
you won't get the chance to sign it exclusively, if it was already used.

Is it the same thing with compilations? I mean if a song is used on a compilation of a record company, would it be hard
to sign it to other record companies or to libraries?

How does removing a particular track from a library work, assuming it was signed non-exclusive?

[slideboardouts]

I guess even if you get a song out of a library which is signed non-exclusively (I'm assuming that's kind of tricky anyway),
you won't get the chance to sign it exclusively, if it was already used.

If you're talking about music libraries then it depends on the library. But from what I've heard, its not at all uncommon for an exclusive library to take a track that was previously in a non-exclusive library. Whether it being previously placed by a non-exclusive library makes any difference, I'm not sure. But if a non-exclusive library is getting you consistent placements with a track, I'd think twice about pulling the cue unless the exclusive offered you an upfront buy out fee or something really special (like a high chance of daily network placements).

Is it the same thing with compilations? I mean if a song is used on a compilation of a record company, would it be hard
to sign it to other record companies or to libraries?

Again that really depends. Mostly on individual record label and their contract. I don't know much about the record label side of the business, but I do know that they generally like to have a band/artist to be exclusively theirs. So much so, that if they decide for whatever reason that they no longer want to put any effort into promoting a band/artist, they will just shelve them instead of letting them out of the contract just so that they can't go sign with another label.

How does removing a particular track from a library work, assuming it was signed non-exclusive?

After the contract term is up, you basically just notify them that you want your music back. Usually you have to notify them of termination in writing (i.e. through the mail) I believe. I really don't have any experience with this, but I know of others who have withdrawn music from a library. Sometimes its easy and sometimes its hard. YMMV.

-Steve

[sonotoni]

Thanks !
it's quite helpful in this forum

Music business in the USA is kind of new to me.
I still need to figure out how to handle the fact
that I'm with an european affiliation.
I guess I'm supposed to register my songs
with ASCAP or BMI telling them I'm in GEMA...

Anyway, thanks again to you guys
It's really helpfull reading experiences of musicians that know how
business works in the USA.

Best wishes
Toni