Why the new “Exclusivity” craze is meaningless.

[mazz]

I think something that is being missed or glossed over here are some of the finer points of what an "exclusive" deal really means.

A "work for hire" library/publisher that pays an up front commission fee to a composer becomes the owner of the copyright and typically is under no obligation to share any further sync/license fees with the composer. The composer retains their "writer's share" of the performance royalties (50% in ASCAP-speak and 100% in BMI-ese). This type of deal might be what one refers to when using the term "exclusive". This deal is exclusive forever!!

Another type of exclusive agreement would be where the library does not pay up front sync fees, allows the composer to retain their copyright, has a reversion clause and shares 50% of any upfront sync fees not including blanket licenses. This is still an exclusive deal which means you can't put the music elsewhere in a competing library for two years.

Even yet another "flavor" of exclusive is where if a piece is accepted and gets placed and/or generates a sync/license feel, the piece automatically becomes exclusive to that publisher in perpetuity, and all sync fees are still shared 50/50.

I'm sure there are more subtleties out there but the thing I'm trying to point out is that there aren't just "exclusive" and "non-exclusive" out there, those terms cover a broad spectrum of deal types.

There are benefits to both types of deals. The more I learn about this, the more I am moving towards the middle and am considering how to handle my music on a case by case basis. There may be terms that allow usage in other non-competing markets where it would make sense to take catalog that is currently non-exclusive and re-titled and place it there as the publisher under it's original title.

All that being said: Tread carefully in these waters and don't make sudden moves without fully researching the ramifications of any contracts you may be currently under. It behooves all of us to get further understanding of the inner workings of these deals so we can make better decisions and not make blanket statements like "craze" and "meaningless". It just makes us look unprofessional. We're only as good as a group as our most clueless loose cannon!! Let's raise the bar not only on our music but also on our understanding of the business we purport ourselves to be in!!

Cheers,

Mazz

[DesireInspires]

I do business with this library.

So you have a bias against my "opinion". No need to say anymore.

[crs7string]

I do business with this library.

So you have a bias against my "opinion". No need to say anymore.

Actually, I have a bias against anonymity.

And, people taking a "sound byte" from a post out of context.


Chuck

[DesireInspires]

It behooves all of us to get further understanding of the inner workings of these deals so we can make better decisions and not make blanket statements like "craze" and "meaningless". It just makes us look unprofessional. We're only as good as a group as our most clueless loose cannon!! Let's raise the bar not only on our music but also on our understanding of the business we purport ourselves to be in!!

Cheers,

Mazz

I know you mean well, but there is no need to scold me. I am not green to the business. I have an understanding of how different deals work, as I have signed a variety of contracts over the years. I am most definitely a professional.

I think it is disrespectful to insinuate that I am a loose cannon. I never attacked you or anyone else here in regards to this matter.

I guess that if I did not have any placements and I did not understand how music libraries worked, I would take offense. But I am not angry that people disagree with me. That is okay with me. I am learning just as much as the nexy guy. But I shouldn't be belittled or talked to in a condescending manner.

Why gang up on me over a business practice that I have no control over?

[mazz]

It behooves all of us to get further understanding of the inner workings of these deals so we can make better decisions and not make blanket statements like "craze" and "meaningless". It just makes us look unprofessional. We're only as good as a group as our most clueless loose cannon!! Let's raise the bar not only on our music but also on our understanding of the business we purport ourselves to be in!!

Cheers,

Mazz

I know you mean well, but there is no need to scold me. I am not green to the business. I have an understanding of how different deals work, as I have signed a variety of contracts over the years. I am most definitely a professional.

I think it is disrespectful to insinuate that I am a loose cannon. I never attacked you or anyone else here in regards to this matter.

I guess that if I did not have any placements and I did not understand how music libraries worked, I would take offense. But I am not angry that people disagree with me. That is okay with me. I am learning just as much as the nexy guy. But I shouldn't be belittled or talked to in a condescending manner.

Why gang up on me over a business practice that I have no control over?

What makes you think I was referring to you, Willis?

[DesireInspires]

I do business with this library.

So you have a bias against my "opinion". No need to say anymore.

Actually, I have a bias against anonymity.

And, people taking a "sound byte" from a post out of context.


Chuck

I understand.

If you do not like me because you do not know, why argue against me? I am not here to attack anyone. I am just sharing my thoughts and experiences. I don't know you either, but I would not put you down over that.

[crs7string]

It has nothing to do with not liking you. If you were the best reporter with the NY Times or the Wall Street Journal, your comments and opinions would not resonate either if you never revealed who you were and your credentials and experience.

Cloaking your opinions and experience in anonymity has little to no credibility, IMO.

Telling us who you are would be a huge step in actually "joining" this community.

Keep in mind, that at least half of the people on this thread (if not more) have just returned from the Rally. We have learned together, dined together, drank wine together and laughed together.

We have also referred each other to publishers and are helping each other grow as composers and, possibly more importantly, as people.

And what a surprise:

NONE OF US WORE A MASK AT THE RALLY!!!!!!


Of course, this is just my opinion. Feel free to take a sound byte or two to re-inforce your position.


Chuck

[DesireInspires]

It has nothing to do with not liking you. If you were the best reporter with the NY Times or the Wall Street Journal, your comments and opinions would not resonate either if you never revealed who you were and your credentials and experience.

Cloaking your opinions and experience in anonymity has little to no credibility, IMO.

Telling us who you are would be a huge step in actually "joining" this community.

Keep in mind, that at least half of the people on this thread (if not more) have just returned from the Rally. We have learned together, dined together, drank wine together and laughed together.

We have also referred each other to publishers and are helping each other grow as composers and, possibly more importantly, as people.

And what a surprise:

NONE OF US WORE A MASK AT THE RALLY!!!!!!


Of course, this is just my opinion. Feel free to take a sound byte or two to re-inforce your position.


Chuck

Shoot me a PM. We can chat it up. No nonsense. Thanks!

[Casey H]

A business (any business) needs to stay in tune with the marketplace and its customers.

+1

Nothing I said should be construed AT ALL as a criticism or dissapointment regarding that library. I was just pointing out an example to show how there is a real trend back to exclusive (in many cases) out there. I would rather work with a library that is willing to adapt to changing business conditions than one that refuses to and fails altogehter.

As Chuck said, businesses need to adapt and evolve to survive. Music libraries are businesses FIRST and we must never lose sight of that.

Casey

[Casey H]

Shoot me a PM. We can chat it up. No nonsense. Thanks!

As long as you remain anonymous, most of us here will never call a conversation with you, "No nonsense"...

Casey