Emotional Love Songs: Why Do I Have to Own the Master?

[karafinman]

In this listing below, if the song will be performed by a huge pop star, and as it later says, the huge artist will record it in their film, why do I have to own or control the master of my submission?



NEW LISTING -- Deeply emotional LOVE SONGS (Pop) are U-R-G-E-N-T-L-Y needed by THURSDAY of this week for a key placement in what looks to be a blockbuster animated, musical-style Feature Film. The song they choose will be performed by a huge Pop Star, and will also be used on the film’s Soundtrack! The estimated sync fee is $40,000 - $50,000 (depending on the ultimate use), and that will very likely be split with the Publisher running this Listing.

They’re on the hunt for Down-to-Mid-Tempo Songs that you’d find on a playlist with artists like Ellie Goulding, A Great Big World & Christina Aguilera, Westlife, etc., etc., etc. Please listen to the references they gave us to get in the general stylistic wheelhouse of what could work for this pitch:

“Love Me Like You Do” by Ellie Goulding:
https://www.youtube.com/watch?v=D6DFLNa6MBA

“Say Something” by A Great Big World & Christina Aguilera:
https://www.youtube.com/watch?v=-2U0Ivkn2Ds

“I Wanna Grow Old with You” by Westlife:
https://www.youtube.com/watch?v=1WCIrw85zbQ

Quoting the source: “We’re looking for Pop-driven, heartfelt songs that are centered around love. Songs have to resonate emotionally, with strong, infectious melodies, and meaningful lyrics. They need to have a fresh, current, contemporary Pop sound and style. Acoustic or Pop/Rock edge is okay as long as it doesn’t take away from the Pop appeal of the song.”

Please submit Love-Themed Pop Songs with a super-memorable melody, great hooks (lyrically and melodically), and an emotionally compelling chorus that gives listeners instant goose bumps. Give them a vocal performance that will make the film’s producers beg the huge artist to record it for their film. Instrumentation needs to sound current and in the ballpark of what you’d typically hear from the artists referenced above. As mentioned in the quote, they’re open to a Pop/Rock or Acoustic-driven Singer/Songwriter edge, as long as the overall performance and approach works in the Contemporary Pop spectrum.

The more universal your lyrics are, the better your chances of nailing this, so please avoid specific names, places, dates, times, brands, and definitely profanity! Do NOT copy or rip off the referenced acts or songs in any way, shape, or form. Use them only as a general guide for the vibe they need. Broadcast quality is needed (great sounding home recordings are fine).

All deal points will be negotiated with the Publisher on a song-by song basis. You must own or control your Master and Copyright to submit for this pitch. Please submit one to three Songs online or per CD, include lyrics. All submissions will be screened on a Yes/No basis by a TAXI screener handpicked by the Publisher - No full critiques. Submissions must be received no later than 11:59PM (PDT), on Thursday May 26th, 2016. TAXI #U160526LP

[cassmcentee]

Hey Kara,
The Film's Music Supervisor will not risk a claim against ownership if you don't control the master.
Generally, if the Master is in someone else's Control, that means there is a strong possibility that whoever that entity is. has a possible legal claim to ownership. Films/Producers/Supervisors WILL NOT RISK their job/livelihood for the possible dispute over one song.
Cass

[hummingbird]

"Give them a vocal performance that will make the film’s producers beg the huge artist to record it for their film."

I think the point is that the song itself will be recorded by the 'huge artist' and therefore the demo submitted through TAXI will not be used in the film. So why would the TAXI member need to own the master sound recording for this listing? They simply need to have the right to pitch/sign the Words & Music.

I suspect it is a copy/paste thing for the listing. I suggest calling TAXI to clarify before submitting.

[andygabrys]

I think reading the listing closer indicates that this is a brief from a publisher who will be pitching the song.

So in most publishing contracts, the song copyright and master recording aren't separate. And there is no specific mention whether this is exclusive or not to this publisher.

How can the publisher sign the song if part of the song has already been given away to make that first master?

At any rate - you are likely right Vikki that calling TAXI is the fastest way to resolve this.

[karafinman]

I don't agree with you Andy, as I've signed many publishing contracts and no one ever asked me if I owned the master, rather than just doing the usual thing of hiring a demo house and singer to demo my song. I never saw a listing where a master was mentioned unless that version was being used on the project.

I did call TAXI but you have to understand that the people who answer the phone are administrators and are pretty much taking an educated guess. The nice lady who answered the phone said that the listing seemed contradictory. Then she said that I shouldn't worry about it until I got forwarded which I thought was weird because if they loved my song but I had to admit I didn't own the master, they might be mad at TAXI for giving me that advice.

By the way, the listing part that says this:

You must own or control your Master and Copyright to submit for this pitch.

What is the difference between ownership and control? Is that where someone might own it, but you have a right to say how it's used as long as you pay them their share?

Thanks, everyone.

[andygabrys]

Great then you answered your own question.

If you paid the demo house to produce the song you likely own the master as well.

The question is when would you not own the master?

Good luck!

[karafinman]

That is the $64,000 question and I "should" know this answer but I don't. So you're saying that if I paid the demo producer and musicians and singer that I do own the master? I'm going to call one of the guys that did my demo and see if he knows. You're right, that is the question: When would you not own your master?

[andygabrys]

That is the $64,000 question and I "should" know this answer but I don't. So you're saying that if I paid the demo producer and musicians and singer that I do own the master? I'm going to call one of the guys that did my demo and see if he knows. You're right, that is the question: When would you not own your master?

Yup that is the crux of the matter. What I know of this:

It depends on the paperwork that was filled out when the demo recording was done. If all players / singers filled out the necessary work for hire (WFH) and everyone was compensated monetarily for their participation then you would own the master.

If that paperwork was never done and signed then you can't prove that it's yours and nobody will (likely) want to touch it.

Like in Nashville - there are studios that do demos "off the card" where musicians (often union members) agree to do a WFH contract and receive no further payments.

But if it's not done in that fashion then it's more complicated (involves Union rates and residuals) and you cannot say for sure that the master is "un-encumbered". And then it's complicated.

So hopefully you have the paperwork and own your demo. If not next time you know what to look for.

HTH.