Question about (MY FIRST!!!) library contract :)

[audiorayne]

Hey guys, Just got an email with an offer from a music library! Trying to contain my excitement while I go over the terms here. The library seems pretty legit with placements on major networks. I plan to consult an attorney on this, but in the meantime I wonder if anyone can tell me if either of these couple items seem out of the ordinary. 1. The library got only one track through a Taxi forward, however this contract applies not only to that one but to any track submitted to the library in the future.2. They make a clear distinction of payment terms between a "single track license," where they split "up front" fees with me, and "blanket license (a production company's license of the entire library for a given production)" where they "offer no up-front fees." The wording of the contract is roughly: Section Y: "Library shall not pay $$ to composer for licensing, mechanical, sync, and or any other income resulting from licensing, exploitation, and distribution of compositions embodied in the libraries." But then the sub-clause (a) of section Y says "Notwithstanding the foregoing, proceeds from any single or individual track (non-blanket) license fees will be split 50/50 with composer." I think I understand mostly how music library deals usually work (thanks mainly to this forum ) as well as the wording used here, but is it normal for a production company to license "an entire library for a given production?" Is it also normal that they wouldn't split any up-front money they get from that "blanket license" with the composers whose material makes up that library? Look forward to any input! Hopefully I'll be checking back soon under "Success Stories" ... Saaaweeeeeeet! -AR

[hummingbird]

Logan, CONGRATS!!!! Sent you a PM. I understand these provisions and I think they are okay (disclaimer: I am NOT a lawyer).

[aubreyz]

Nov 17, 2008, 8:53pm, audiorayne wrote:Hey guys, Just got an email with an offer from a music library! Trying to contain my excitement while I go over the terms here. The library seems pretty legit with placements on major networks. I plan to consult an attorney on this, but in the meantime I wonder if anyone can tell me if either of these couple items seem out of the ordinary. 1. The library got only one track through a Taxi forward, however this contract applies not only to that one but to any track submitted to the library in the future.2. They make a clear distinction of payment terms between a "single track license," where they split "up front" fees with me, and "blanket license (a production company's license of the entire library for a given production)" where they "offer no up-front fees." The wording of the contract is roughly: Section Y: "Library shall not pay $$ to composer for licensing, mechanical, sync, and or any other income resulting from licensing, exploitation, and distribution of compositions embodied in the libraries." But then the sub-clause (a) of section Y says "Notwithstanding the foregoing, proceeds from any single or individual track (non-blanket) license fees will be split 50/50 with composer." I think I understand mostly how music library deals usually work (thanks mainly to this forum ) as well as the wording used here, but is it normal for a production company to license "an entire library for a given production?" Is it also normal that they wouldn't split any up-front money they get from that "blanket license" with the composers whose material makes up that library? Look forward to any input! Hopefully I'll be checking back soon under "Success Stories" ... Saaaweeeeeeet! -ARIt is common for a library to do a blanket license to production houses, TV stations and networks. The user pays a set fee for "sync rights" to the whole library for either a time period, or for use in one production, depending on the license. The user normally still has to fill out cue sheets to the library when a particular track is used, but doesn't have to pay anymore. There are varying ways those blanket licenses are split with composers-- sometimes not at all.From a guy who has used a lot of libraries--- blanket licenses are common.--And major congrats btw!!Aub

[ciskokidd]

Hey AR,This doesn't sound out of the ordinary.On topic one most contracts are written so that and addendum or Schedule A can be added to the cotract. It saves the time of having to write up a contract for every song you submit.Yes, more and more libraries are doing blanket license deals in the hopes of getting a volume deal. This is mainly due to the ever growing amount of players in the library field. In your case it looks as if this library is not going to share in the blanket licensing. This can be both for monetary and accounting hassle reasons. In any event the amount you would get from this type of drop would be pretty minor (maybe $50-$100).Since it is your first deal and you don't have much leverage at this point I would probably accept the blanket license terms.They are offering to split any non-blanket license fees 50/50 and that is actually quite good. Some more established libraries don't share any of their licensing fees. However they often make up for that with excellent placements.Best of luck,Cisko

[mojobone]

Congratulations!

[audiorayne]

Cool, thanks guys! Think I'm understanding a bit better now. I appreciate the input!Cheers,AR

[bigbluebarry]

That's awesome Logan!!!! Congrats man!!! Which track was it? - Big Blue

[davewalton]

Nov 17, 2008, 8:53pm, audiorayne wrote:Look forward to any input! Hopefully I'll be checking back soon under "Success Stories" ... Saaaweeeeeeet! -ARHey Logan,I'm not an attorney but I can offer some general insight into this. PM me. If you end up signing... post it BIG in the Taxi Success Stories, send an email to Taxi to let them know directly and bask in the glow of celebrity fame.

[audiorayne]

Nov 18, 2008, 7:22am, bigbluebarry wrote:That's awesome Logan!!!! Congrats man!!! Which track was it? - Big BlueThanks Blue - it was the instrumental on my Rally demo CD. As soon as it's a done deal I'll post a link for everyone in the "appropriate" forum section ...

[audiorayne]

Will do! As usual, Dave gives great advice! -ARNov 18, 2008, 9:46am, davewalton wrote:Nov 17, 2008, 8:53pm, audiorayne wrote:Look forward to any input! Hopefully I'll be checking back soon under "Success Stories" ... Saaaweeeeeeet! -ARHey Logan,I'm not an attorney but I can offer some general insight into this. PM me. If you end up signing... post it BIG in the Taxi Success Stories, send an email to Taxi to let them know directly and bask in the glow of celebrity fame.