Using an old song for an exclusive listing

[HowlingUlf]

Hi ppl!

This hasn't happened yet but it wouldn't hurt to know beforehand either so ...
Let's say I have an old song that's been available to the general public at a music sharing website such as Soundcloud for a year or more and THEN ...
... I read a listing that is EXCLUSIVE including the following:
"Since this is an EXCLUSIVE deal, please be sure the material you submit for this pitch is NOT already signed with any other Libraries or Catalogs."
Should I avoid trying to use that song and is Soundcloud in this case seen as a kind of Library or Catalog?

TIA

[ttully]

Hi HowlingUlf,

Soundcloud is NOT a music library or catalog.
There is no problem putting a track you have on Soundcloud into an exclusive library.



Tim

[HowlingUlf]

Cool ... but of course it's not an actual library although there could be a risk of a song taking off on its own and go viral in a limited way (yeah, right ... wake me up when that happens1 ) AND it's a "somewhat known song" before it gets EXCLUSIVE. Meanwhile, the end user of the song is ready with preparing their production and then one of them listen to whatever music stream somewhere and they find their EXCLUSIVE song ??? What would happen? What's said in the listings and other agreements still applies and people of the web can do whatever they want as well? Should you take the song down? Of course, it's also hypothetically speaking and it might never even have happened, but you know, anything that makes you sleep well...

[ttully]

This is probably the answer you are looking for....

In an Exclusive agreement, made by the content owner and another party, giving that party only (and no others), the right to exploit the content on the owner's behalf.............. In most cases, the owner can not exploit the content either.

Tim

[HowlingUlf]

Yes, that makes sense, thank you!
I can connect the rest of the dots myself, as that's just copyright business as usual.

[ttully]

Below is a direct quote from a recent Exclusive contract I signed.
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Grant of Rights: Writer grants XXXXXXX the following rights: (a) The exclusive, perpetual and unlimited right, license, privilege and authority throughout the entire universe to perform the Composition(s) publicly for profit or otherwise by means of public or private performance, radio broadcasting, television, facsimile or any and all other means, whether now known or unknown.
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Notice is says they have the EXCLUSIVE perpetual right to PERFORM the composition, anywhere....
Meaning..... the track is now the publishers track.... I cannot play it on Soundcloud without getting permission from them.



Tim

[HowlingUlf]

So basically don't use such songs, just use new material for exclusive listings unless you have a fetish for weird surprises?

[ttully]

You can use old stuff..... but you probably should take it off of any public forum if it gets signed to an exclusive contract.... but every contract has different wording.
So this can vary.....


Tim

[HowlingUlf]

Ok! Food for thought. Thanks!