Fair Deal or NO Deal...

[greatmoves]

Hey all, I have seen the following legal phrase many times and something always moves me the wrong way, (note: I am not submitting to this listing)HIP-HOP INSTRUMENTALS of ALL STYLES are being sought by a Production Company/Music Library (with clients such as the Discovery Channel and MTV and film credits such as American Gangster and Bourne Ultimatium) for inclusion on their roster to pitch for Film and TV song placements. Excellent arrangements, performances and recordings are a must - NO UNCLEARED SAMPLES! They offer a non-exclusive publishing deal with a 50/50 split on any upfront license fees as well as back-end performance royalties (meaning you will keep the writer share, the publishing share will go to the company Broadcast Quality is needed (excellent sounding home recordings are fine). I understand about exclusive and non-exclusive, but the part about 50/50 split kills me every-time. being the only writer I get the 100% of the writers share, that's clear. Now, with the publishing share is where I don't see the Win-Win or equity.Shouldn't songwriter get 50% of the publishing share?If we (meaning publisher and me) are in business and they represent my music, why are they getting 100% of the publishing, they did not write it with me all they are doing is exploiting the song to it's greatest potential, which is what I want and cannot do on my own. yes I know 50% of something is better than 100% of nothing. I am willing to share... But, Something just seems Crazy-Wrong when companies want 100% of something they did not create...

[matto]

The writer's job is to write the song, and for this they get 100% of the writer's share.The publisher's job is to market the song, and for this they get 100% of the publisher's share.With this non-exclusive arrangement, the publisher ONLY gets 100% of the publisher on those placements that are a direct result of THEIR marketing efforts. Why should you get paid for their marketing efforts when you're not the one generating the placements?On the other hand if you DO also market the songs on your own (in other words assume the publisher job) then under the above agreement you will collect 100% of the publishing on those placements.Seems 100% fair to me, and it's really the "standard way" things work (if there is such a thing as "standard"), at least here in the US. It's very rare for writers who do not already have a considerable track record to be able to get part of the publisher's share, at least not with companies who know what they are doing and produce results.I think of it this way:Yes without me the publisher wouldn't have the songs to market, but without the publisher my songs wouldn't be making any money. We both have a full-time job, mine is writing, theirs is marketing. It's a partnership and the rewards from that partnership are split 50/50.Makes sense to me...matto

[Casey H]

I think sometimes as songwriters and artists we lose track of just how hard it is to get a track placed. There are hundreds of music libraries (publishers) representing tens of thousands of tracks & competing for a handful of spots. The work (and cost!) it takes in building relationships, marketing, managing a catalog, paperwork, and so on is tremendous. It's easy for us to thing that it's our great song that is doing the "work" but the other side of the picture is at least as important, maybe more. So a 50/50 split of all revenue is very reasonable.I hope this discussion helps put it in perspective.Best of luck!Casey

[chriscarter]

Nothing really wrong with a 50/50 split. Although I place the vast majority of music directly, I have worked with a few song pluggers and most will ask for 50/50 just like the listing you provided. I've never had a problem with it for a non-exclusive deal.

[keithl]

Remember that if you do not have the connections to get your music placed in the first place, then 100% of nothing is nothing. I would take 50% of something any day!

[marcblack30]

Jul 16, 2009, 5:00pm, keithl wrote:Remember that if you do not have the connections to get your music placed in the first place, then 100% of nothing is nothing. I would take 50% of something any day!AMEN!

[markjsmith]

They got you the work in the first place(without them there would be no revenue). They deserve to get paid a fair wage! It just depends on what you think fair is. If it was a perfect world we would make all the music and all the money, but alas it is not. We need people to market it (publishers? marketing bastards?LOL). They do the work to create the work (advertising, following leads, schmoozing, etc....). These are all things that most of us suck at! So I say fair deal for the most part. -Just my 2 cents-Mark

[mojobone]

A deal can be anything, but a fifty-fifty split is pretty standard. Publishers have overhead, too.