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I recently got a contract (that I have not signed yet) for a non exclusive representation of my music. There are things in the contract that puzzle me because even though this is non exclusive, to me they look very exclusive to the point of owning my song in any form. What is "normal" in a contract regarding the ownership of a song by a music library and what are red flags indicating this deal should be avoided?

I wouldn't worry about the contract too much. The best way to go about the deal is to treat it as an exclusive deal.

For me, I am only worried about whether I get paid for my work. If you feel the company will place your song and earn money for you, then you should sign the deal. If you think otherwise, it would be best to pass on the deal.

alo60 wrote:I......a non exclusive representation of my music. .......to me they look very exclusive to the point of owning my song in any form.........

you mean that they will let you sell the song yourself on iTunes, but that any licensed use on film or TV has to be through the library? Really not that strange. There many like instances.

I think DI gave some pretty solid advice. If it feels right sign it off and get to the next song.

DesireInspires wrote:I wouldn't worry about the contract too much. The best way to go about the deal is to treat it as an exclusive deal.

While treating each non-exclusive deal as exclusive is sound advice, I would never say not to worry about a contract without my reading it. It's important to understand the terms before signing. Very often, the contract is OK for the situation but it's a matter of understanding it. Other times, I've seen poorly written contracts which I would be hesitant to sign without adjustments.

And yes, as DI said, the TRACK RECORD of the library as far as making placements is a big factor as well.

Casey

Thanks for all this great input. I really appreciate it. My concern with the contract is that I am afraid it excludes me from any other use.. including selling on i Tunes or pitching to other artists. I would be okay with not pitching to other libraries but I want to be able to use my song in other forms and not be limited in the future. Plus the contract says in perpetuity so if they take the song and never use it , it will be a total loss to me.

alo60 wrote:Thanks for all this great input. I really appreciate it. My concern with the contract is that I am afraid it excludes me from any other use.. including selling on i Tunes or pitching to other artists. I would be okay with not pitching to other libraries but I want to be able to use my song in other forms and not be limited in the future. Plus the contract says in perpetuity so if they take the song and never use it , it will be a total loss to me.

I see. It may be best to contact the library to get a explanation of terms. I have contacted libraries in the past and most were very helpful in explaining the terms. Libraries are run by people, and most people are not in the business of taking advantage of others. Those that do take advantage of people usually expose their hand through fast talk, hubris, and all-out bull***t.

Once you make contact and get a response, 99% of your concerns will be addressed. Good luck, buddy!

My understanding of it is this: music libraries don't own your song, they represent your song.

For a non-exclusive representation you should retain all rights to the song, including being able to sell it yourself on iTunes or any format in addition to pitch it to other opportunities (direct placements, not other libraries). You simply grant them the right to pitch it to their clients and take a cut. In this case it sounds like they don't want you to put it in any other library and this is fine and pretty normal, as I understand it.

But when a non-exclusive library uses the term 'in perpetuity' you should read that paragraph several times. However, if that term is used in the context of: any licensing of the song to an individual client remains in perpetuity should you choose to remove your song from their catalog... that could be OK.

It is not really safe to ask a question like this by taking the phrase out of context. It's all about the details.

If you want to send it to me (just that paragraph in question, without any identifiable information) I will tell you what I, a non-attorney, thinks it most likely means. I deal in contracts everyday, although not musical contracts. Still, legalese is pretty standard.

A big question is if this is a Taxi-introduced library? If you or they found each other in a random internet search then I would take extra caution with this agreement. There are thousands of libraries out there that all have the same 'clients'. Gotta question that.