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how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 5:47 am
by james4954
hey folks,After two years of endless forwards but no deals, I've suddenly been lucky enough to be offered several non-exclusive deals for my songs. By deals, I mean offers from companies to "work" my songs in an agency relationship, not actual placements. Two of these are from local indie labels and two others are from music libraries. One of the libraries requested that I not sign the same material with anyone else because of the confusion it creates when several agents shop the same material. My initial thought was - if these are non-exclusive deals, wouldn't I be better off having more people trying to place my songs? Then again, maybe it looks unprofessional if supervisors are hearing my material from several different sources.I'd appreciate any advice from anyone who's had to make these decisions before.thanks,James
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 6:14 am
by mazz
This question comes up all the time.I haven't had to deal with this issue yet but if the library wants you to not sign this material with anyone else, that sounds like an exclusive deal to me. What is their track record with placements? If they have a good record and would actually shop your stuff fairly aggressively then it might be worth giving them exclusivity for a limited time frame.Good luck,Mazz
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 7:57 am
by gitarrero
hi james,I have the same opinion as mazz has.the sense of exclusivity actually is that this company represent your track exclusively.watch that you don't give away a right in perpetuity, include a reversion clause and a limited time frame - and of course check out how large the catalogue of the company is vs. their placements (during the last 15 month or so). that will give you a picture.concrats & all the best,Martin
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 8:51 am
by james4954
thanks guys,I should clarify - the request to not sign the same songs with other libraries/labels was just a polite request. It isn't in the contract and it was made verbally with a comment like "of course, this is non- exclusive so there's nothing to stop you signing these songs with other people. We'd just prefer it if you didn't). I've received legal opinion on each contract and got the revisions I wanted, so now its just a matter of deciding how many of these deals I should sign. Each company has about the same level of experience and expertise. Its really just a matter of how many deals are too many.thanks,James
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 9:40 am
by horacejesse
James.I cannot give you any advice since I have not made a deal yet. But would you mind saying how much your legal fees were for one contract? I have sometimes wondered if it would make financial sense to hire a lawyer to review contracts from a library.
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 11:17 am
by james4954
no problem - I don't have the bill yet but I believe it'll be around $225, which was for advice on four contracts, a little over an hour's work. Money well spent IMO - with that advice I asked for certain changes and revisions to the deals and got everything I asked for, which will more than cover the legal fees if I eventually get something placed. Next time I probably won't need the advice as long as the contract isn't a lot more complicated.
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 11:46 am
by sgs4u
Quote: I have sometimes wondered if it would make financial sense to hire a lawyer to review contracts from a library. thank you for asking that!Quote:no problem - I don't have the bill yet but I believe it'll be around $225, which was for advice on four contracts, a little over an hour's work.and thank you for answering that!
Re: how many non-exclusive deals is too many?
Posted: Mon Apr 16, 2007 2:32 pm
by Casey H
Quote:James.I cannot give you any advice since I have not made a deal yet. But would you mind saying how much your legal fees were for one contract? I have sometimes wondered if it would make financial sense to hire a lawyer to review contracts from a library. This is always a tough call. I think you can't look at it as an even balance sheet- it's more of an investment. You have no way of knowing what income you will earn from any library or publishing contact anyway. And even with a placement, the up-front fee and the legal review can be a wash. But it's part of your investment in learning the music business and your future.After you've had a few contract reviews with an entertainment attorney you might have enough info so as not to have the attorney review every single contract you get, assuming the type of contract and clauses are similar to ones you've discussed before. It depends on what's at stake. Is it another non-exclusive 50/50 library offer like many you've seen? Or is this an exclusive publishing offer and you are deciding whether or not to commit your best songs for a few years? Casey