Question on my first library-contract...

[TheANomalyInBlack]

Hi!

I got a contract proposal from a music library. There are some issues with it a find odd.
One paragraph in the contract says:
"Without limitation [Library] shall have the exclusive right to and authorise others to produce, alter, edit, couple, re couple and repackage the Masters and to make orchestral and other arrangements and adaptations of The Works, to procure any new or translated lyrics or titles, and to publish sell or use The Works and to authorise others to do so in the Territory, either with or without any such arrangement adaptation new lyric or translation. The copyright in all such new matter shall be the property of [Library]."

Is that common?
If I understand that paragraph it gives them the right to just produce a new version and then I just stand there with my "Writers share" and loose my 50% of the royalties...

I haven't found anywhere in the contract (8 pages) about how long the contract lasts or how either party can end it.
Shouldn't that be in a "standard" contract ?

Thanks for all help I can get!

[hummingbird]

It almost sounds like a work for hire. If it is exclusive and you are getting paid up front, perhaps it's something to consider. However, I'd probably run it by an entertainment lawyer to be sure you understand what you are signing.

[Kolstad]

Doesn't sound like normal wording, at least not if you want to keep your rights. It sounds like a buyout deal.

[TheANomalyInBlack]

Thank You all for Your replies!

I will probably contact a lawyer, just to be sure

[adamrkenyon]

I received an offer with similar wording and thought the same thing.

I just watched one of Michael's videos where he said to either sign or not, but it's not professional to negotiate the terms. That doesn't seem right to me in this case.
the contract says they can take the song rewrite the lyrics and therefore take whatever portion of the writers share they want apparently. Plus the contract ends in 100 years, so they could lock it up and throw away the key.

Also the email says that it's basically a 50/50 deal, but the contract seems to me to say something different.
What do you think?:
Also what's the deal with me only getting 12% of the sheet music?

Owner(LIBRARY) shall pay Owner of Rights (ME) a sum equal to fifty (50%) of any and all
net income received by LIBRARY NAME HERE from any licensing of
Compositions, including mechanical licensing, master licensing, and
synchronization licensing, less reasonable monitoring, accounting and
administrative fees.
2.2 Owner shall be entitled to receive a sum equal to one hundred (100%) of
any performing and broadcast fees, which shall be collected by ASCAP,
BMI, SESAC, SOCAN, Harry Fox, Internet broadcast or performance
companies and their affiliated societies, exclusive of fees paid directly to
composers, so long as the performing rights society will pay such sums
directly to Composer or it’s publisher(s). If not, Owner of Rights or
Composer shall pay such sums to Owner directly. Composer(s) listed will
retain total writers rights and attribution of the Composition(s).
2.3 In the event of the exploitation of any sheet music, Owner shall pay the
Owner of Rights a royalty equal to twelve percent (12%) of the net
proceeds of the wholesale or retail selling price, (whichever applies), (or
wholesale equivalent) on all copies sold of the sheet music embodying the
Compositions(s) when the money is received by Owner. Owner of Rights
shall not be entitled to receive a royalty for any professional and
complimentary sheet music copies of the Composition(s).

[TheANomalyInBlack]

Hi!
Sorry to hear that You got a similar contracts proposal...
I don't like when they use sentences with lots of subordinated clauses and parentheses.
Sometimes I believe they do, just to make sure you don't understand it all.

I signed my contract since it just regarded three instrumental tracks and I hadn't invested my heart and soul in them
Since it was my first contract proposal I also wanted to be able to say that "I have just signed my first international music contract!"

I can't suggest what You should do, but I made sure that all I might risk was sync fees for those three tracks.
Since they "demanded" to have my registration No. to the Swedish ASCAP (Stim) I felt that I would probably get money that way, if the tracks get used.
But who knows. Time will tell.

Hope everything works to the best for both of us!

[PDebik]

Sign whatever they offer to you if your heart and soul do not depend on the music. Libraries that are working with TAXI are legit and don't try to overthrow you. They key is to seed as many cues and songs as you can with as many libraries possible. A library cannot really afford to give you bad conditions, because in that case, they'll be going out of business very quickly as the word spreads.