- March 7, 2016 at 4:59 am #24252
I had a contract learning experience last week I think is worth sharing.
I recently notified a well known library that I wanted about 40 of my tracks (25 of them exclusive) removed when their terms expired. Some of the tracks were in 2 year contracts, others 5 year. According to my records, the contracts would begin expiring this year, most done by late 2017 and the last in 2019 (watch out for those 5-year deals folks).
Response from the library:
“‘Compositions will not be excluded until the term of any existing licensing agreements between SKM and third parties has expired.’ We currently have a blanket license agreement in place (which includes your music) that began in July of 2013 and expires September 1, 2018. [This contract clause] is necessary because we can’t go to a client after granting a license and ask that tracks be pulled until our agreement with them expires.”
This added 2 years to the agreement on some of my tracks without my knowledge!
Honestly, this makes perfect sense. Of course they can’t start removing tracks from the library after a client has paid to use that music. I have read similar clauses many times and thought I understood them, but I never imagined a library would enter a 5 year deal with my music that I was bound to.
Fortunately this has a happy ending for me. I explained to them my goal was to free up my exclusive tracks for the RF market. I really didn’t care if the tracks were removed from the library. They graciously offered to convert all my exclusive tracks to non-exclusive (in perpetuity). I signed that deal immediately! Honestly, this is exactly what I had hoped would happen. I have mo problem with perpetual non-exclusive deals, and now I have 25 “new” tracks to start selling.March 8, 2016 at 8:09 am #24274
Thanks for reminding me Alan. This had been in the back of my mind for awhile as my end date was nearing. Converted mine to non-exclusive also.