Q about Song On Hold / Exclusivity

[andreh]

Hey Gang-At this year's Rally I managed to get a CD into the hands of one of the panelists, and I recently got a deal offer from the library she represents for one of the songs on the CD (which they clearly didn't listen to or they wouldn't have made the offer ).The song is a youthful, feel-good female pop song that I was planning to pitch to the tween / teen market (Myley Cyrus, Taylor Swift, Vanessa Hudgins, etc...). The library deal is non-exclusive, but has a 3-year term.So, my question is: on the off chance that I do get some interest in the song from an artist and she decides to put it on hold, what are the expectations regarding its use elsewhere? I know I would be expected to refrain from pitching it to other artists for release, but would its existence in a library be considered inappropriate?I could offer to write another song for the library OR a potential artist...but which? A bird in the hand, I suppose...TIA,André

[twilsbach]

Can you add a reversion clause into the contract that speaks to that specific instance?

[andreh]

Thanks for the suggestion Tim, but it's not likely...the library's preliminary wording makes it very clear that they will deny any such request. Plus, given that this is my first offer from them, I should probably either accept it on their proposed terms (which are reasonable anyway) or pass on it.André

[mojobone]

Hmm...If I were the library, I would look at an artist cut as something which enhances the marketability of the song I've optioned, but there might be other implications...

[andreh]

Dec 4, 2008, 9:18pm, mojobone wrote:Hmm...If I were the library, I would look at an artist cut as something which enhances the marketability of the song I've optioned, but there might be other implications...Hi mojo-I'm not too worried about the library's terms; in its current form their non-exclusive agreement would allow me to pitch the song to (and have it released by) other entities.My concern is whether the song's existence in a library would lessen an artist's likelihood of wanting to cut it. Kind of seems like it might...André

[mazz]

Andre,Since the library is interested in you, why not tell them that the song has potentially some interest from an artist now and you are keeping it back because of the potential, but that you could come up with something similar for them? I think that's a reasonable compromise for both of you and now that the door's open, you might be able to find out about more types of things they're looking for.Just an idea.MazzPS: Great seeing you at the Rally.

[andreh]

Thanks for the suggestion, Mazz... I was considering that very approach (which there happens to be some truth to). However, if it turns out that having a song previously published or in a library doesn't put a crimp in having it be put on hold by an artist, then it might be a good idea to start getting some possible action for the track in the library as well.Great seeing you at the Rally also! Let's catch up offline soon.André

[mazz]

Andre,My only concern about this is if the song really does get some attention, would the library want a piece of the action to give it up?This is where the re-titling thing could work to your advantage (possibly) if you were to license it to the library under a different title. I don't know the legality of that approach. I know libraries do it all the time but this seems like re-titling in reverse. I guess only a pretty hip entertainment attorney would know for sure. It seems like some of them aren't completely up on the re-titling thing these days, I guess that's a pretty new wrinkle in the library business.Good luck and yes, let's catch up!!Mazz

[andreh]

Dec 4, 2008, 11:42pm, mazz wrote:My only concern about this is if the song really does get some attention, would the library want a piece of the action to give it up?I don't think I would expect them to give it up...they're pretty clear about not wanting to from the get-go. That's why I'm curious to know if an artist's desire to hold the song would be affected by it being in a library...André

[mojobone]

Looking at it from the artist's perspective, I don't think I'd consider the library version to be competition, at least not directly, but I've got a pretty big ego, myself.