Exclusive and Non-Exclusive Library Placements

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davidr
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Exclusive and Non-Exclusive Library Placements

Post by davidr » Tue Oct 06, 2020 8:54 pm

Hello everybody! This is my first posting on this forum, as I am a newbie.

I have produced many tracks and cues for Indie films, videos, and theater productions. I still own the copyrights to these tracks. Can I submit these tracks and cues for Non-Exclusive Library placements? How about Exclusive library placements?

Thanks!

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andygabrys
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Re: Exclusive and Non-Exclusive Library Placements

Post by andygabrys » Wed Oct 07, 2020 10:45 am

davidr wrote:
Tue Oct 06, 2020 8:54 pm
Hello everybody! This is my first posting on this forum, as I am a newbie.

I have produced many tracks and cues for Indie films, videos, and theater productions. I still own the copyrights to these tracks. Can I submit these tracks and cues for Non-Exclusive Library placements? How about Exclusive library placements?

Thanks!
It depends on your contracts that you have licensed these pieces to the films, videos, and theatre productions.

As long as you not only hold the copyright but have licensed the pieces non-exclusively to these entities, then you would be fine to submit to non-exclusive libraries. I.e. if your contract language is something similar to "I issue to the film XXXX a non-exclusive, in perpetuity, all media, worldwide license for the sum of $X.XX" then you are still okay for non-ex. Assuming you have contracts for all these projects and any WFH contracts are also available - like if you had to hire outside players to record parts of the score. Libraries will ask if you own all the material, and if you haven't retained WFH contracts for outside players then you can't say you own 100% of the material.

Exclusive - NO. Exclusive libraries need not only the copyright (as they typically assume the copyright if its an in perpetuity contract as many are today) but also the assurance that they can work the material and never run into any situation where the same piece could end up controlled by someone else.

So (for example) even if you held on to the copyright and the writers and publishers share of a piece of music that was placed in a film - and then signed it to an Exclusive, in perpetuity contract with an Exclusive library - in the future there would be a conflict of interest between you and the exclusive library. They would be working with something they own the copyright of and the publishers share as well as 50% of any up front payments. But the film if it were broadcast would be assigning all royalties to you - contravening the terms of the exclusive contract.

Make sense?

The other issue you might have is that score music typically doesn't work for submissions for library music as the form is a little different.

I have several hundred pieces that I have written for various indie films over the years and to format these in a way that would make them good library submissions would take some reworking. In the past - when non-exclusive libraries were more common this might have made sense. IN todays market where exclusive libraries often get clutch placements and effectively work on a world wide basis utilizing sub-publishers - I am not sure its worth the work.

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Re: Exclusive and Non-Exclusive Library Placements

Post by eeoo » Wed Oct 07, 2020 2:19 pm

I had a song placed in an indie film and subsequently signed it with an exclusive, in perp publisher that we're very familiar with Andy. I told them up front that it had been used in an indie film and they didn't have a problem with that. You never know if you don't ask I guess.

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Re: Exclusive and Non-Exclusive Library Placements

Post by andygabrys » Wed Oct 07, 2020 2:30 pm

eeoo wrote:
Wed Oct 07, 2020 2:19 pm
I had a song placed in an indie film and subsequently signed it with an exclusive, in perp publisher that we're very familiar with Andy. I told them up front that it had been used in an indie film and they didn't have a problem with that. You never know if you don't ask I guess.
good point.

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