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So..if I have a song which I sign to an EXCLUSIVE library, and Lady Gaga hears it, picks up the phone and says, 'Steve, I gotta cut your song'. Does the Exclusive library have to get involved at all?
i.e. the library would just own the publishing to MY master. Lady Gaga would effectively be covering my song, so she/her label would own the publishing of her version of my song, and I would own the writer's share....?

The question I'm trying to get to is can I pitch songs to those superstar listings if they are already signed to an EXCLUSIVE library?

Thanks.

Hi Steve
It depends on the particular exclusive library contract. Some are all encompassing as far as you signing over your copyright to the library. They would own the publishing for ANY usage. That doesn't mean the placement couldn't be made, just that the library would have to approve it (don't think they'd say no) and they would collect the publisher's share on all revenue.

Other exclusive library contracts are only exclusive to sync placements and give you freedom to market your songs to non-sync venues (your own CDs/downloads, artist placements, etc). So you have to read the contract carefully and if you aren't sure, ask.

If Lady Gaga calls and wants to record your song... A good problem to have. I'm expecting Taylor Swift's call any day now!

Best,
Casey

Hi Casey,

Thanks for the great response.
So I guess bottom-line, Gaga will always be able to cut the song, it just might mean that my share of royalties will be less than otherwise.

I don't know if it would be less. You'd still get your regular share of writing as you signed the agreement. However, you might have to see an entertainment lawyer to ensure you get your rightful share of mechanicals for the initial release of the song and any other recordings made by other artists, plus a share of downloads and streams. You'd get royalties for performance of the song on radio, television (concerts, for example), and in live concerts all over the world. OTOH LG might say 'I want to cut the song but want it exclusive to me for xx years' and the library couldn't pitch it to anyone else for anything for the stated period. They'd probably be very happy as they (and you)
would make more from LG's use of the song in any case.

Hi Vikki,

OK. Well, in any case, a slice of a big pie is better than all of none, or however the saying goes
All parties involved are going to want to make it happen, so it will happen, which is my real question. It's not like the library would say no.

Thanks.

hummingbird wrote:I don't know if it would be less. You'd still get your regular share of writing as you signed the agreement. However, you might have to see an entertainment lawyer to ensure you get your rightful share of mechanicals for the initial release of the song and any other recordings made by other artists, plus a share of downloads and streams. You'd get royalties for performance of the song on radio, television (concerts, for example), and in live concerts all over the world. OTOH LG might say 'I want to cut the song but want it exclusive to me for xx years' and the library couldn't pitch it to anyone else for anything for the stated period. They'd probably be very happy as they (and you)
would make more from LG's use of the song in any case.

If the contract with the library involved full assignment of copyright with no exceptions, the library would be entitled to half of ALL income (mechanicals, sync, PRO). Yes, you would always earn 50% as the writer. It might be possible to negotiate something better with the library for the specific case.

Of course, if a major artist wanted to cut your song, you would engage a solid entertainment attorney to help you work through any issues, review new contracts, etc.

The important thing here is to understand the different types of exclusive contracts, know what you signed etc., more so than wondering about such a major artist wanting to cover your song.

Casey

You would get your lawyer to negotiate with her lawyers and the library's lawyers, and the lawyers may also need some percentages.

It will never happen, because the major artist would need to have first release on it, and the library already has that. If not, it is simply a cover situation.

'First release' - so no other version of the song released?

What would then happen in the cover situation? I would keep writer's, Gaga gets publishing and the library gets nothing?

This all is likely hypothetical:

1) There are lots of people who already write songs for major artists that are unencumbered by music library deals.

2) Most exclusive library signings involve a copyright transfer, and while you get writers share out of that when the library pitches it, It is not your song any longer to do anything with. The entire negotiation between LG and an ex library will be totally worked out by them. You can be 100% sure that the library will never ask for nothing.

Well let's hope I get stuck with this problem in the future