- This topic has 12 replies, 3 voices, and was last updated 8 years, 6 months ago by pixelee.
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pixeleeParticipant
I recently was contacted with a pma exclusive library and they gave me this agreement. Does it look okay? Nothing that I may need to worry? They will mail me a full contract later. What do you think?
– Assignment of songs for exclusive worldwide representation
– 50/50 split on synch/mechanical income in the US/Canada
– 30/70 split on synch/mechanical income World ex. US/Canada
– You collect 100% writer performance, we collect 100% publisher performance
Songs submitted must be 100% owned or controlled by you (and/or your co-writers with whom a separate agreement will be addressed) including master recordings, performances, and underlying compositions. If other parties are involved in the creation of the songs, supporting documentation showing your ownership and/or control of the songs may be requested. Additionally all songs submitted (including any and all retitled versions) have not been previously assigned, sold or exclusively licensed to any third party and are available for exclusive representation (including all retitled versions).
PaoloGuestHi pixelee,
– 30/70 split on synch/mechanical income World ex. US/Canada
Don’t know if this helps but my deals (so far) have been 50/50 for both US and world.
woodsdenisParticipantMy guess is that they have a sub publisher who gets 20% and they are trying to hold on to their 50 %. Pretty lame considering, if that is the case they are doing nothing abroad. However, how big is the company? is it US based ? all factors. I have never seen this btw
pixeleeParticipantThey mentioned that they are a division of BMG.
pixeleeParticipantWould MichaelL might shed light to this? There is one part that I’m really confused. “For  good  and  valuable  consideration,  Composer  hereby  irrevocably  and  absolutely  assigns,  transfers  and  grants  to  Company,  its  successors  and  assigns,  an  undivided  one  hundred  percent  (100%)  of  all  rights,  title  and  interests  of  every  kind  and  nature  whether  now  known  or  hereafter  discovered  or  established  in  and  to  the  Works.   Such  assignment,  transfer  and  grant  shall  include,  without  limitation,  the  Works,  the  copyrights  and  trademarks  therein,  all  claims  and  causes  of  action  related  thereto  occurring  at  any  time,  and  each  and  every  arrangement,  adaptation  and  derivative  version  thereof,  all  for  the  full  term  of  copyright  throughout  the  Territory  (whether  vested,  contingent  or  inchoate,  and  any  renewals,  extensions,  continuations,  restorations  and  reversions  of  such  copyrights  whether  now  or  hereafter  in  existence  as  a  result  of  future  legislation  or  future  interpretation  of  legislation  in  any  territory  throughout  the  Territory).”
PaoloGuestAlthough I’m not a lawyer, I think I can help you with this.
I’ve seen this type of wording in exclusive contracts (and have learned a lot from Michael L’s posts) – that clause means they would own the copyright and have control of the song. You receive the compensation that you’ve outlined in your first post.
pixeleeParticipantI see. Do I still have ownership to the song? For example, I could still register my songs on a PRO?
PaoloGuest…grants to Company, its successors and assigns, an undivided one hundred percent (100%) of all rights…
You’re giving them all rights. You don’t own the song -they do.
pixeleeParticipantBut I guess I could register my songs in PRO?
Art MunsonKeymasterAsk them. They probably would not want you to. All the ex. I work with register the songs.
pixeleeParticipantThank you. From the above info, this contract sounds normal?
Art MunsonKeymasterOther than the 30/70 split which you may be able to get to 50/50. This usually means they are working through sub-publishers and are taking that cut out of your end. So it ends up 35/35/30. You should ask for 50/50.
pixeleeParticipantThank you so much for the help! I really appreciate it.
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