What is meant by exclusive? Can it appear on my album?

Before you rant, READ THIS!

Moderators: admin, mdc, TAXIstaff

Post Reply
ErichPP
Newbie
Newbie
Posts: 2
Joined: Tue May 31, 2022 6:45 pm
Contact:

What is meant by exclusive? Can it appear on my album?

Post by ErichPP » Wed Jun 01, 2022 2:07 pm

I just had a song forwarded to a music library that is going to be on my upcoming album. This music library is exclusive. Does that only mean I can not put it in another music library - or does it mean that the library would get a piece of ALL action on this song such as the publisher's share of radio play royalties? If it's the latter, I'll pass on this deal.

I'm assuming it would also mean that I couldn't pitch it directly to a music supervisor after it does into the library, right?

User avatar
CTWF
Impressive
Impressive
Posts: 190
Joined: Tue Apr 24, 2018 11:02 am
Gender: Male
Location: Nowitzki's place of birth
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by CTWF » Thu Jun 02, 2022 10:59 am

ErichPP wrote:
Wed Jun 01, 2022 2:07 pm
I just had a song forwarded to a music library that is going to be on my upcoming album. This music library is exclusive. Does that only mean I can not put it in another music library - or does it mean that the library would get a piece of ALL action on this song such as the publisher's share of radio play royalties? If it's the latter, I'll pass on this deal.

I'm assuming it would also mean that I couldn't pitch it directly to a music supervisor after it does into the library, right?
What kind of publishing share they get depends on the particular contract (usually 100%), but exclusive means exclusive. You cannot do anything else with it.

If you submitted it to a listing that explicitly stated that this was an exclusive library, and then they want it, and you won't give it to them because it is exclusive, they might be p1$$ed at you. So, hopefully, you won't be interested in further business with them or any of the businesses they are talking to.

Tom
https://soundcloud.com/ctwf --> 0|°_°|0 <-- I am a producer/composer with TV & radio placements around the globe. -- Music is the mathematical transmitter of human emotions.

User avatar
Casey H
King of the World
King of the World
Posts: 14163
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by Casey H » Thu Jun 02, 2022 11:34 am

ErichPP wrote:
Wed Jun 01, 2022 2:07 pm
I just had a song forwarded to a music library that is going to be on my upcoming album. This music library is exclusive. Does that only mean I can not put it in another music library - or does it mean that the library would get a piece of ALL action on this song such as the publisher's share of radio play royalties? If it's the latter, I'll pass on this deal.

I'm assuming it would also mean that I couldn't pitch it directly to a music supervisor after it does into the library, right?
This varies from library to library. Some exclusive libraries only want the exclusivity to be only with respect to sync placements and are fine with you doing other things-- streaming, CDs, downloads, etc. Others do not allow this and their exclusiveness includes everything. In either case, you would not be able to pitch to a music supervisor on your own unless you cleared it with them and let the sup know they are the publisher and contact point.

Do you really expect radio royalties? They are pretty hard to come by unless your song is a major hit. Again, this varies from library to library and you need to check the contract and ask them. If the library is registering your song under original title, it would be hard to differentiate what they get the publisher's share on or not. Some exclusive libraries re-title your song by adding a tag to the original title such is "ISB Beautiful Day" for a song titled "Beautiful Day". This differentiates their registration for publishing vs. your own. Others don't. Check the contract and have the conversation with them.

HTH
:D Casey

User avatar
cosmicdolphin
Serious Musician
Serious Musician
Posts: 4450
Joined: Thu Feb 18, 2010 1:46 pm
Gender: Male
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by cosmicdolphin » Thu Jun 02, 2022 2:11 pm

The best answer may be to keep your artist and your sync projects separate to each other. Or if you only want to do artist music then find a sync agent to represent your work.

User avatar
Casey H
King of the World
King of the World
Posts: 14163
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by Casey H » Thu Jun 02, 2022 4:02 pm

cosmicdolphin wrote:
Thu Jun 02, 2022 2:11 pm
The best answer may be to keep your artist and your sync projects separate to each other. Or if you only want to do artist music then find a sync agent to represent your work.
That is definitely a valid approach. Songs for Film/TV are not always the same as those as artists. Lyrical contact has to be more universal for Film/TV and as an artist, you don't have to be as concerned with who you sound like (the infamous "a la").

I want to mention though that I work with 2 excellent Taxi-friendly exclusive libraries who let you do anything you want non-sync with the songs they sign.

Best,
:D Casey

ErichPP
Newbie
Newbie
Posts: 2
Joined: Tue May 31, 2022 6:45 pm
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by ErichPP » Fri Jun 03, 2022 6:13 am

Thank you for the replies, everyone. On a different note, if I pitch a song from my album directly to a music supervisor, is that a different story - where it can exist in my PRO account as both writer and publisher but still be able to have it appear in TV or film for specific projects?

User avatar
Casey H
King of the World
King of the World
Posts: 14163
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by Casey H » Fri Jun 03, 2022 6:46 am

ErichPP wrote:
Fri Jun 03, 2022 6:13 am
Thank you for the replies, everyone. On a different note, if I pitch a song from my album directly to a music supervisor, is that a different story - where it can exist in my PRO account as both writer and publisher but still be able to have it appear in TV or film for specific projects?
You can not pitch your song directly to music sups if you sign your song to an exclusive library. You *might* be able to if you (1) Get their permission and (2) Make sure they get the publishing as they own that for any sync related activity (at the minimum) but don't count on that.

Bottom line: I would not sign a a song to an exclusive library if you want to do continue to pitch on your own for sync. Decide what your priority is for the song and go that direction.

:D Casey

sINGLEhANDED
Newbie
Newbie
Posts: 2
Joined: Sun Mar 10, 2024 6:55 pm
Gender: Male
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by sINGLEhANDED » Thu Mar 14, 2024 7:02 am

Casey H wrote:
Fri Jun 03, 2022 6:46 am

You can not pitch your song directly to music sups if you sign your song to an exclusive library. You *might* be able to if you (1) Get their permission and (2) Make sure they get the publishing as they own that for any sync related activity (at the minimum) but don't count on that.

Bottom line: I would not sign a a song to an exclusive library if you want to do continue to pitch on your own for sync. Decide what your priority is for the song and go that direction.

:D Casey
I recognize this is an old post, but... what about the duration of the exclusive deals? I mean, when it's not specified otherwise.. are they always in perpetuity?
Many thanks :)
Andrea

User avatar
Casey H
King of the World
King of the World
Posts: 14163
Joined: Tue Jan 27, 2004 3:22 pm
Location: Philadelphia, PA
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by Casey H » Thu Mar 14, 2024 9:46 am

sINGLEhANDED wrote:
Thu Mar 14, 2024 7:02 am
Casey H wrote:
Fri Jun 03, 2022 6:46 am

You can not pitch your song directly to music sups if you sign your song to an exclusive library. You *might* be able to if you (1) Get their permission and (2) Make sure they get the publishing as they own that for any sync related activity (at the minimum) but don't count on that.

Bottom line: I would not sign a a song to an exclusive library if you want to do continue to pitch on your own for sync. Decide what your priority is for the song and go that direction.

:D Casey
I recognize this is an old post, but... what about the duration of the exclusive deals? I mean, when it's not specified otherwise.. are they always in perpetuity?
Many thanks :)
Andrea
It varies. Some are in perpetuity, others have reversion options after N years (i.e 3 years, 5 years). Libraries that distribute internationally with sub-publishers are always in perpetuity. Once the tracks are out there there is no way to "take them back". And they wouldn't want some sub-publisher to express interest in a track 5-6 years after the deal was done only to be told, "Sorry, that's not available anymore". Bad for business.

HTH
:D Casey

sINGLEhANDED
Newbie
Newbie
Posts: 2
Joined: Sun Mar 10, 2024 6:55 pm
Gender: Male
Contact:

Re: What is meant by exclusive? Can it appear on my album?

Post by sINGLEhANDED » Thu Mar 14, 2024 4:06 pm

Casey H wrote:
Thu Mar 14, 2024 9:46 am

It varies. Some are in perpetuity, others have reversion options after N years (i.e 3 years, 5 years). Libraries that distribute internationally with sub-publishers are always in perpetuity. Once the tracks are out there there is no way to "take them back". And they wouldn't want some sub-publisher to express interest in a track 5-6 years after the deal was done only to be told, "Sorry, that's not available anymore". Bad for business.

HTH
:D Casey
Many thanks @Casey, it makes totally sense in fact.. and this is very helpful!
KR
Andrea :)

Post Reply

Who is online

Users browsing this forum: No registered users and 3 guests