Re: Any advice on this type of Contract?

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Re: Any advice on this type of Contract?

Post by hummingbird » Wed Jan 09, 2008 7:54 am

I think you should remove this post - you've included the company name, and even without it, the company might recognize their terms & not appreciate that you've posted them on the internet for all to see. I would PM a senior member or two with these terms.
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Re: Any advice on this type of Contract?

Post by jmather » Wed Jan 09, 2008 8:02 am

Hummingbird - thanks for the advice. I removed the name immediately after I posted it, realizing it wasn't appropriate. But I'll take your advice and delete it altogether just in case. thanks!Justin

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Re: Any advice on this type of Contract?

Post by Casey H » Wed Jan 09, 2008 8:20 am

HiFirst congrats on the offer!If you summarize the major points (exclusive, non-exclusive, percentages, etc) in your own words (no posting the exact contract words!) without mentioning the company, people often will make suggestions to you to help you evaluate the pros and cons of a type of offer. For example, if a deal is exclusive, is it exclusive only to film/TV placement but not artist pitches, etc? Do they take ownership of publishing, or just collect their portion of performance royalties by re-titling? What is their track record? Do they have a website which lists their credits? And even if they are fairly new with a smaller list of credits, what else is going on with your music? Are you writing a lot of new material? Is this music that would sit on the shelf without this deal? Maybe taking a chance on a smaller company is better than doing nothing.If they look like a big player based on their credits, and the deal is fair in all other aspects (PM someone for more on that), an exclusive is definitely worth it. Matto has posted here many times that the BETTER libraries insist on exclusives. HTH Congrats again! Casey

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Re: Any advice on this type of Contract?

Post by jmather » Wed Jan 09, 2008 9:07 am

Casey - thanks for the post! You've given me some good points to consider. My main concern with terms is the 5 year exclusive clause. The company seems to have a good track record with placements on some mainstream tv shows and these songs of mine would basically sit on the shelf otherwise. A summary of the terms are:-five years exclusive for licensing, I can still sell my cds. -I would get 50% of publishing after a 15% Admin. fee to company-Public Perfomance Royalties - 100% writers share from perfoming rights company; 50% Publisher's shareThanks again Casey. Anyone out there with any opinion on this type of deal? I'd love to hear it. peaceJustin

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Re: Any advice on this type of Contract?

Post by mazz » Wed Jan 09, 2008 10:27 am

This looks like a good deal and seems similar to others I've seen with the exception of the publishing split which seems generous.I think you answered your own question about the 5 year exclusive. Since these songs would be on the shelf doing nothing if they weren't in the library, it seems like a no-brainer to let them try to sell them. 100% of nothing is still nothing. Gotta get in the game to play!!Good luck!Mazz
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Re: Any advice on this type of Contract?

Post by jmather » Wed Jan 09, 2008 10:34 am

Mazz - thanks for your input. I feel the same way about getting in the game - put me in coach, I'm ready to...wow, how cheesy was that!!Justin

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Re: Any advice on this type of Contract?

Post by Casey H » Wed Jan 09, 2008 10:40 am

Quote:Casey - thanks for the post! You've given me some good points to consider. My main concern with terms is the 5 year exclusive clause. The company seems to have a good track record with placements on some mainstream tv shows and these songs of mine would basically sit on the shelf otherwise. A summary of the terms are:-five years exclusive for licensing, I can still sell my cds. -I would get 50% of publishing after a 15% Admin. fee to company-Public Perfomance Royalties - 100% writers share from perfoming rights company; 50% Publisher's shareThanks again Casey. Anyone out there with any opinion on this type of deal? I'd love to hear it. peaceJustin As mazz said, it's' a no-brainer. I wasn't sure whether the 15% admin fee applies to license fees as well as performance royalties, but that is totally irrelevant since it is a good deal regardless. If this is the first time you've ever considered a contract of this nature (e.g. library), you should probably sit down with an entertainment attorney and go through it. Many of us have found that having your first contract reviewed with an attorney, gives you enough information that you often don't need one for future (similar) contracts. It's not always easy but try to find an entertainment attorney who is familiar with music library deals and one who understands that you do not want to enter a complex negotiation with the library- you just want to understand the terms and only request changes if something is putting you at significant risk. A lot of attorneys work long-distance in today's cyber world, so maybe someone here can make a recommendation (by PM).Good luck! Casey

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Re: Any advice on this type of Contract?

Post by jmather » Wed Jan 09, 2008 10:48 am

Great Casey, got it! Thanks so much. I'll keep you posted!Justin

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Re: Any advice on this type of Contract?

Post by mazz » Wed Jan 09, 2008 1:11 pm

I had an entertainment lawyer (via California Lawyers for the Arts) look over a contract that was a pretty standard library/publishing one these days and he didn't really seem to get it. I think a lot of the library-retitling-copublishing type of things are pretty new and if a lawyer isn't up on it, they might advise you differently so ask around if you're going to go that route.Mazz
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Re: Any advice on this type of Contract?

Post by horacejesse » Wed Jan 09, 2008 2:25 pm

I hope the 15% "administration" fee is not standard. That administration is part of their job, just like paying for a studio and performers is part of the composer's job. At least that is how I see it. Are they paying for any of your expenses, because they sure want you to pay for theirs?Instead of half, you will be making slightly over a third of the revenue.

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