Music Library Contract

[gongchime]

I was approached by someone who said that I had submitted to a listing on taxi saying they would like my music included in their library. They sent me a contract and just trying to get verification if this is something the majority of you would also sign. Maybe I need a music attorney but just checking with you smart folks first. I've only dealt with two other music contracts in my life so looking for veterans to give it a once over and let me know what they think if you don't mind. I'm using quotation marks to differentiate between my comments of what I read in the contract and what is in the contract itself. However, I'm paraphrasing what is in the contract between the quotation marks.It has some strange wording occassionally such as when it says, "the company may, from time to time commission the composer to render additionaly services in connection with the composition and delivery of additional musical works/masters."Sounds like they would like to be able to tell me to compose more music which is not what I thought I was signingIt also says "sets the number of musical works and masters to be delivered to the company, a deadline of the works, musical style durationand fee, if any, to be paid."They won't be setting any deadlines for me to write work kuz I'm only agreeing to put the music I already wrote my in their library. Do they think they're going to charge me for the privelidge of being in their library? Doesn't sound normal if that's the case.It also says I "grant 100% of the publishers share and retain the writers share. and assign 100% of the copyright, title and interest, right to registration and any copyright renewal rights of both compositions and masters." They can also tell me to send them the "assignment letter." If I fail to send it then they "are appointed to become my attorney to execute such a transfer. Failure to send does not affect the rights of the Company to all Compositions and Masters."It goes on to say that I irrevocably grant to the Company the following;i) "they can perform it and broadcast it"ii) "alter it"ii) "add new lyrics"iv) "to secure copyright registration and 100% in the Company's name, as author thereof, at Company's cost."wtf? they didn't author it?v) "can make or license others to make and distribute copies, advertise as well as sell them at their uncontrolled discretion."vi) "to use and publish my name, likeness and bio for advertising and exploitation of the compositions and Masters."vii) "synch to video"ix) "exploit any and all other rights of every kind and any nature now and hereafter"They can determine "the manner, extent and means of exploiting the Composition and Masters but are not obliged to do so. If not used in 5 years, all rights revert back to the composer.contract automatically extends for another 5 years unlesseither notifies the other in writing in 90 days before the end of the term of the contract. However, the company will keep the non-exclusive rights after the three year initial period has expired should it not be used in a performance medium."If the composer completes the material terms, the company agrees to pay me the followinga) Company agrees to exploit the composition to get future royalty payments from the performing rights society.b) composer gets the writers share of public performance royalties throughout the world from his own perf. rights society. However, if any such society is precluded in the future by legislation, court decree or otherwise from licensing performing rights for any type of use for which such society currently licenses performing rights, the company elects to license such rights directly, performance income, and then will pay 50% of all such sums received. Monies will be distrubuted at the same time as statements are due. Company not require to collect any fees with any license of performance rights. Composer must become affiliated with a performing rights society if they are not already, within 3 months of signing. Royalties may be divided among other writers.the company will withold from the royalties any amount required by law, regulation or code. Monies received from foreign sources shall be reduced by applicable foreign taxes it being agreed that the composer is an independent contractor.The composer will not share in any advance payments, guarantee payments or minimum royalty payments which the company shall receive from any subpublishing agreement, collection agreement, licensing agreement, recording agreement, distribution agreement or other agreement. No other royalties shall be paid to the composer other than what is already delineated in the contract. Composer shall receive 50% of any net sums received by the company in the world in connection with any non-broadcast license.But pro-rated in any blanket-use non-broadcast license for example a license grating use of alibrary of music for non broadcast purposes with a single production by multiplying the same by a fraction, the numbetor of which is the toal nuymber of musical compositions contained in such library and the denominator of which is the total number of musical works contained in such library.composer shall get 33% of any net sumbs received in the world in connection with any All Rights Theatrical licenseIn no case shall the composer be entitled to greater than 50% subject to proration, of any net sums with a single license. Composer gets 50% of all sums received less costs paid from the exploitation of the mechanical rights of composition and masters in connection with sale of records not cd roms. Costs of recording and production are not costs paid. Company accords a credit to the composer in liner notes of all cds and roms mnfctrd by the company. The characteristics of the credit shall be at the companies sole discretion. A casual or inadvertent failure by the company to comply with the foregoing shall not constitute a breach of contract.Composer warrants that he has full rights to enter into and perform this agreement and is able to perform it's obligations.

[sgs4u]

However, some of us have written emails in the same manner. In fact, Casey "watched" me scare this one publisher guy off once, it sucked. I blew it. I asked too many unnecessary questions, and the publisher must've just thought I was nuts. Live and learn... Just understand, how you talk to someone, really matters. Quote:I'm with Casey on this. Your replies, if worded the way they are in your post only serve to make yourself, TAXI, and the rest of us that are trying to be professionals look bad.I understand your frustration with not being able to get in touch with an attorney or BMI, etc. but I think a better approach in the future will be to act as if you are going to get a deal with every submission and then prepare yourself with the knowledge you need to go in with your eyes open. This would include having an attorney already available and a contact at BMI that you know you can reach when necessary.I hope your next deal is handled in a more professional manner.Mazz

[andreh]

I completely agree that Greg's tone in his letter was way out of line and unprofessional...I was actually laughing at the audacity of it, especially this part: "You do not determine if there might be a fee so change that as well. There can be no fee." Greg, I'm pretty sure the fee was for you to RECEIVE, not to pay. I disagree, however, that Greg's behavior is making Taxi look bad...Taxi doesn't claim to be a personality screener. If they were, at least 1/3 of us on the board would already be banished! As for the affect Greg's behavior might have on the rest of us...seems to me he's just making us look good by comparison. André

[Casey H]

Quote: I disagree, however, that Greg's behavior is making Taxi look bad...Taxi doesn't claim to be a personality screener. If they were, at least 1/3 of us on the board would already be banished! As for the affect Greg's behavior might have on the rest of us...seems to me he's just making us look good by comparison. AndréAndre,Think about it...OK, let's say TAXI worked hard to bring in a new client, convincing them that they could get good music from TAXI's membership. The client gets this attitude from a TAXI member whose music was selected and then says, "If this is what I get from working with TAXI, forget it. Never again." It absolutely can make TAXI look bad, mainly if it is a new relationship.

[sgs4u]

Well, I can't hold this against MrGongchime. As much as inappropriate language and behavior is to be avoided, all these cats listing with Taxi have lived with the mistakes they themselves have made. And I have to be honest with you, my quirky personality, is sometimes exactly why some people like working with me. We're all human. Lighten up, you Taxi Police bastards. I'm not recommending that anyone start a campaign to get all nasty with potential users of your music! Anyone who chooses to communicate with an adversarial language, will not likely get as many placements. But not all relationships are about meeting someone's exact music needs. Everything we do, is part of our reputation. It can enhance or destroy your odds of placements. you know I love you all

[mazz]

Steve,I'm not asking anyone to stifle their natural selves but there's common courtesy things that one "should" follow, particularly if it's their first deal. Most of these things I'm thinking of are learned in Grammar school. So go get your blanket and take a nap! Mazz

[Casey H]

Quote: Lighten up, you Taxi Police bastards. HA! Is that coming from you, Steve? LOL!! Steve, you are right that we've all made mistakes and, at times, learned hard lessons. I'm no different than you or anybody else- messed up some early things. It's just the magnitude of this person's attitude was way beyond one of those "learning" mistakes. It was pretty high on the Richter scale. The music business is no different than anything else we step into in life. Nastiness and arrogance, bridge-burning, and destroying professional relationships are bad for business... And the behavior doesn't do anyone a whole lotta good with friends and loved ones (potential or current) either. OK, I turn in my badge now... 'Nuff said... Casey

[andreh]

Quote:Of course it makes Taxi look bad! Unless ML contacts the company and apologizes for this asses (eeee aaaaaawww) behavior we all suffer.Quote:Andre,Think about it...OK, let's say TAXI worked hard to bring in a new client, convincing them that they could get good music from TAXI's membership. The client gets this attitude from a TAXI member whose music was selected and then says, "If this is what I get from working with TAXI, forget it. Never again." It absolutely can make TAXI look bad, mainly if it is a new relationship. Putting myself in the listing party's shoes, I don't think I would respond in the way you guys are describing. Holding the unprofessional and/or disrespectful behavior of one individual against a company whose service is providing excellent music seems a bit narrow minded in itself. If I were looking for excellent composers I would continue to seek them thru Taxi, despite this example, if TAXI is consistently sending quality new writers my way.There are a couple other reasons I don't think this is as big a deal to TAXI as it may seem. For one, TAXI themselves don't seem to express concern over our dealings with potential clients as it pertains to TAXI (beyond the request that we not post company names on their forum). [This may also be because TAXI doesn't want to scare away potential members who have bad people skills.]In addition, with 6% of 28,000 members' music being forwarded to various listing parties, TAXI would have zero clients left by now if they were as sensitive to individuals' behavior as is described in this thread.I am NOT advocating Greg's approach in his email...he's certainly not doing any favors for himself, and it's not gonna make the listing party jump for joy either. But I'm not losing any sleep fretting over Taxi folding due to this, or any other member's correspondence, not meeting the level of professionalism that it "should."If I'm wrong about this, I'd be happy to have a TAXI rep chime in and correct me. That would also mean adding some lines in their literature if they hope to make a meaningful number of people aware of their views; we forum dwellers seem to be a pretty small (but important ) percentage of their membership base.André