Publishing Deal ????????

[lucky]

As a struggling Singing/Songwriter how much negotiating power do I have? Isn't it a take it or leave it situation in most of our cases?I want to go into this eye's wide open but still cut a good deal.Thank you,Lucky

[Casey H]

LuckyYou don't have a lot of negotiating power (you probably have SOME) BUT you really might not need much at all. If it is a good and reputable publishing company and the contract if fairly consistent with industry practices (according to your music attorney), there may not be anything to ask for.You mentioned that this publisher has a good track record. Do you have specific examples and are the referenced examples fairly current? ...i.e. within the last 2-5 years, not from the 60's and 70's... I'm sure these are things you would discuss with your music attorney.The reason I asked about the track record is it can relate to what you are comfortable with as far as the reversion clause time period. Five years with a company that has a strong track record can very much be worth it. Smaller publishers often ask for three years. Most of the majors ask for at least five. No reason to get hung up on negotiating power until you've had a discussion with your music attorney. Try to work with a music attorney (if you can) that understands the "little guy" and that you are not looking for a lot of negotiation points, just the major ones that put you at serious risk. Some attorneys want to bloody the contract to death and kill the deal.Once again, good luck and congrats! Casey

[ragani]

Quote:Reversion clause can run anywhere from 6 months (if you have the clout to pull it off) to up to 2 years. I would try to keep it under 1 year.That might be good for a song that you are trying to pitch to an artist, but from what I learned at the last TAXI Rally, up to 5 years might be a better expectation for exclusive music library placement reversion clauses, as it takes a long time to get the songs into their library and out to users, and then to wait for placements, if no immediate use is in order. Raags

[matto]

Quote:Lucky, Reversion clause can run anywhere from 6 months (if you have the clout to pull it off) to up to 2 years. I would try to keep it under 1 year.I agree with Raags, for film and TV, a reversion clause of 6 months would be tantamount to not signing a deal at all. This business moves rather slowly, so demanding a very short reversion clause is counterproductive and NOT beneficial to the writer.2 years is a good length which actually gives the company a chance to exploit the song(s). If you believe in the company, longer than that would be okay as well.Like Casey said, the main thing is to do your best to vet the company. What placements he has gotten recently with music like yours would be more pertinent to your situation than the fact that he's been around for a long time and enjoys success with 50's and 60's songs. For all you know that might be his market niche and what film/tv people come to him for.It's true that you don't have a lot of clout to demand sweeping contract changes at this point, however you do have the right to ask lots of (polite) questions, ask for recent credits etc...and you have the freedom to only give him a few songs for now, which I think would be a good idea. matto

[tedsingingfox]

FWIW, the deal I signed last month (my first...wooHOO!) is for 4-yrs. before the reversion clause takes effect.

[ajenkz]

So, if you sign a publishing deal like this, are you no longer to use the song or do you still retain the rights to sell it on iTunes and host it on sites like Myspace and your own personal website? What about submissions to TAXI; I assume once a songs been signed to a publisher, you can no longer submit it to other listings until the agreement is up?

[guscave]

Quote:So, if you sign a publishing deal like this, are you no longer to use the song or do you still retain the rights to sell it on iTunes and host it on sites like Myspace and your own personal website? What about submissions to TAXI; I assume once a songs been signed to a publisher, you can no longer submit it to other listings until the agreement is up?Non-exclusive deals allow you to continue to use the song for whatever you want. I'm assuming that Lucky's deal is exclusive, otherwise why ask for a reversion clause.

[ajenkz]

Alright makes sense then thanks

[lucky]

OK, What's the difference between Exclusive & Non-Exclusive agreement's?I told you this is all new to me! Will take your advice re; Attorney.Thank you,Lucky

[ragani]

Hi Lucky,Think of it like relationships-- exclusive means you won't be seeing other people (and your song won't be offered to other companies, publications, etc. when it has an exclusive contract with one company). If it's a non-exclusive relationship, why then you can go ahead and see others (submit that song to other companies and opportunities).Best of luck,Raags