TAXI.com

Hi everyone!I am new to this forum. Great to be here finally! Just looking for a bit of advice from those who have experience with exclusive publishing contracts. I have been offered an exclusive publishing contract with a 3 year term and 7 year retention, 70/30 split (my way) , recoupable advance in demo recordings 5 per year and writer commitments 12 songs per year.It is a small independent company and I don't exactly have a smash hit to my name so any advice would be welcome Does it sound fairish, anything I should be aware of? Thanks so muchElor

It's impossible to know these things without seeing the ENTIRE contract.Define "smash hit". If you are saying you've had little radio play and only a few thousand in sales, then it would strike me as odd that a publisher would offer you an exclusive contract that was highly favorable to you unless they absolutely loved your songs or already had a placement for one of your songs pending.

Apr 17, 2009, 4:52pm, elor wrote:Hi everyone!I am new to this forum. Great to be here finally! Just looking for a bit of advice from those who have experience with exclusive publishing contracts. I have been offered an exclusive publishing contract with a 3 year term and 7 year retention, 70/30 split (my way) , recoupable advance in demo recordings 5 per year and writer commitments 12 songs per year.It is a small independent company and I don't exactly have a smash hit to my name so any advice would be welcome Does it sound fairish, anything I should be aware of? Thanks so muchElorHiCongrats on the offer... My strong suggestion is you get the name of a good music/entertainment attorney and have the contract reviewed by them. A good attorney can help you sort out the pros and cons of a deal and make suggestions as to possible contract edits you could ask for.Best of luck! Casey

I have been offered an exclusive publishing contract with a 3 year term and 7 year retention, 70/30 split (my way) , recoupable advance in demo recordings 5 per year and writer commitments 12 songs per year.---------------------------First, congrats on the offer! Second, it's very good advice to have someone look over the contract. The Songwriters Guild offers contract reviews for members, I think.Based on what I see in Nashville, "exclusive" and "staff writer" are used interchangeably. You'll be giving all your songs to the publisher. Staff deals are usually renegotiated on a yearly basis so the 3 year contract could be revisited by the publisher at the end of the first year and they could decide whether there is a second and a third year - it's entirely up to them. I don't know what a "7 year retention" means. Also, typically, if you write solo you submit 12 songs per year. If you cowrite with one other person, you submit 24 songs per year. Three writers, 36 songs per year. Make sure that's very clear before you sign anything. If they're offering you a draw, that's something to check into - do you have to pay them back if they end the contract and they've paid you a draw? Lots of reasons for you to have an entertainment lawyer look over the contract.That said, again, good for you!Claire

Hi everyone,Thanks so much for you responses. Definitely will see an entertainment lawyer to go over contract.Chris I have one song that is to be released as a single on an album of an artist this publisher is developing and have few songs here and there. I don't have a large back catalogue. It is more a development deal I suppose to build my catalogue. Claire the contract is for 3 years in which I would write exclusively for this publisher after which the publisher would control the copyrights for a further 7 years. I do mostly cowrite so I would be looking at 24 songs per year. I guess its just daunting tying yourself up with someone exclusively especially when they are a small company. Thanks again everyone for you input.Cheerselor

Apr 18, 2009, 4:01pm, elor wrote:Hi everyone,Chris I have one song that is to be released as a single on an album of an artist this publisher is developing and have few songs here and there. I don't have a large back catalogue. It is more a development deal I suppose to build my catalogue. That's what I kind of suspected. Since I don't have specifics for your deal, I can only tell you in broad generalities that, if you have the courage to wait it out, I would wait until said artist of theirs gets signed to a major label. Then, trust me, your advance will go way up because there will be garunteed money coming in for them. On the other hand, depending on a number of factors, signing with them might give you better odds of placing more songs with that artist - but it's a gamble if the artist doesn't get signed to a label.That said, as with all things, you general get favorable terms when you are the one willing to walk away rather than the other way around. When you've got nothing, it's hard to bargain.

"Claire the contract is for 3 years in which I would write exclusively for this publisher after which the publisher would control the copyrights for a further 7 years."Some contracts have a "buyback" or "reverse" feature, e.g. if publisher is unable/unwilling to place any sonmg within, let's say 3-5 years, the songwriter can gain back the copyright, usually for a small fee.Waiting 10 years is a loooong time...

Reversion clauses shouldn't involve the songwriter paying the publisher a fee unless there was an understanding that the writer would repay the publisher for demo costs. 3-5 years is a long reversion clause. 2-3 years would be my max and certainly not 5 years, especially if the publisher has no track record.You also want to be certain that the wording in the reversion clause is specific to the publisher getting a commercial release. The publisher could get his brother to record your song and thereby fulfill his obligation to get a recording, which would end the reversion clause. Commercial release, preferably major label commercial release.As for controlling the copyright, that's different than writer royalties. One of the first paragraphs in most standard single song contracts states that the writer is turning over his copyright to the publisher in perpetuity. Like forever.Lots of stuff to think about before signing anything. And yeah, 10 years is a loooong time!Claire

Claire not sure what you mean that controlling copyright is different from writer royalties? They will still receive the publishers share as per the contract for 7 years after the writing term finishes. Just to clarify this contract is not a single song contract. It is pretty much a staff writing deal for 3 years. So I understand that they want time to recoup the demo costs which is what constitutes the advance which I'm fine with however I am feeling that 10 years is a very looong time as well! Is it OK to ask for 2-3 reversion under this sort of contract? Thanks everyone for all the great feedbackelor

There are some really good books out there that might be helpful. Jason Blume's business book is extremely user-friendly and gets into all the nuts and bolts of contracts and exclusive deals. See if your local library has a copy or check Amazon.Claire