Question about licensing taking 100% of pub...

[LukeDavids]

Hi fellow TAXI members!

This is my first forum post and I have a question that I feel some of you may be able to help with.

A song of mine was recently forwarded to a licensing company that deals with TV/Film placements. The licensing company emailed me saying they'd like to add my song to their catalog and sent over a copy of their contract. Great! But now the question is do I sign?

The reason I have reservations is mostly because of my ignorance in this area. The agreement is exclusive and in perpetuity. This may be typical, I have no idea. The other thing I'm weary about is that the licensing company takes "100% of the publishers share of public performance income". Additionally: "ARTIST shall receive 50% (fifty percent) of all pro-rata net profits actually received by COMPANY from the license, use or other exploitation of the related Master and/or COMPOSTION hereunder (but not from any catalog blanket licenses)."

I just want confirmation that this is all typical in the licensing world. I absolutely want my song to start making some money but since it's an exclusive deal that lasts forever (that's a long time!) I thought I should get some outside input

Thoughts?

[pboss]

It sounds fairly standard - but there are two questions: 1) does the contract explicitly state that you will still own the copyright? 2). does the contract state that you will get 100% of the 'writers share'? Getting 100% of the writers share is a critical point. Sometimes, though, there may be aspects of a deal that are worth something to you, like forming a relationship, or beginning getting tracks signed to the end that they get placed, which in and of itself is very important to forming new relationships with publishers and music supervisors.

So, if you can make more tracks and can give this publisher a try on this one track, I personally would go for it. PM me and we can talk more if you like. The 'community' of composers and songwriters here on these forums can often share their experience with specific production libraries etc, off-line (via PM or talking with them).

Splitting sync fees (which I think the 'net profits' refers to, don't quote me on that) - is normal. The other thing to consider, besides who keeps the copyright and making sure you have 100 percent of the writer's share, is if it's totally exclusive to ALL markets, or if you can still release the track on an album of your own, for example.

[pboss]

For others here, we did some discussion on PM. The terms are to keep copyright and yes, retain 100% of the writer's share. One concern of Luke's was around the publishing, but the publisher's share of 100% is standard since they're doing all of the publisher's work. An exception that I mentioned might be where there is a gratis license / blanket license for a TV show and a writer might get 50% of the publisher's share to compensate for something like this (I recently signed such a deal) - BUT in this case. the publisher keeping 100% is standard. The other concern was around the 'forever-ness' of the exclusive deal - and my opinion was to sign the deal for a track or two, see how it goes, and keep writing. Matt Hirt has often described how, if it's a new library deal, you can give them a few tracks and see how it works for you, without risking your whole catalog. (Thanks, Matt)

Luke, your tracks are really great - I'm really enjoying listening to your bandcamp page, like, "Fighting For Control". Here's to many successes.

[LukeDavids]

Pboss is a saint - thank you for the help!

[jeffgreenleaf]

Fantastic songs you have there. Congrats and good luck!
Great info from Patty!

[DesireInspires]

Fantastic songs you have there.

I agree.

[pedrocosta]

Welcome to the forums! Fabulous music Luke!
and Patty is right on.

[solidwalnut]

Hi Luke, pboss.

Question for you: how did their exclusivity clause read? I know they wanted 100% of the publisher's share. But if they're not asking for the copyright, are they asking for some sort of limited exclusivity (like from other libraries or...?)

Thanks,
Steve