Agreement – “…without notice” term

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  • This topic has 8 replies, 4 voices, and was last updated 1 month ago by Advice.
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  • #34370 Reply
    mmuser
    Participant

    Hi,
    I would like to ask if this sentence is something normal in agreements with libraries:
    “….may introduce further models from time to time without notice. You should check this page for periodically for updates.”

    Doing a research here, i found a thread for a library that changed the composer’s share from 50% to 35% without any notice. So it would be better to ask how often is it in the agreements?

    #34378 Reply
    LAwriter
    Participant

    I would not sign an agreement that said that. Essentially – from what I take out of the wording – you’re signing an agreement that says that they can change things and make it whatever they want in the future. Insanity.

    Beware….

    Oh, I’m not an attorney though – but I’ve signed more than a fair number of contracts in my time. There are some attorney’s floating around these parts though. Maybe they will pop in.

    #34383 Reply
    Advice
    Guest

    Yea, that has a risk. They might go to a subscription model, for example. Other strong considerations: Is it non-exclusive? What is the termination (by you) clause? If it’s non-exclusive and you can exit after let’s say 1-3 years, that mitigates the risk a lot. If it’s in perpetuity I wouldn’t sign. (Not saying I would sign it not, just adding considerations).

    #34385 Reply
    jdt9517
    Participant

    We have the full and complete right in this country to enter into a bad agreement. I would run from any agreement that allows the publisher to change the terms at will.
    I’m one of those lawyers LAwriter talked about. I’m not giving legal advice, but really. Has the supply and demand curve gotten so bad that those kinds of agreements are entering this space?

    #34386 Reply
    BEATSLINGER
    Participant

    We have the full and complete right in this country to enter into a bad agreement. I would run from any agreement that allows the publisher to change the terms at will.
    I’m one of those lawyers LAwriter talked about. I’m not giving legal advice, but really. Has the supply and demand curve gotten so bad that those kinds of agreements are entering this space?

    Actually NO, the supply and demand really has nothing to do with this I found out. This, is simply the case of “Old Bad Business Tactics, from an influx of people that could really care less about this industry; and anything that has to do with Art/Creativity”.

    Just basically seeing what they can get away with, how much they can Rape & Pillage; then quickly be gone as fast as they came..

    #34390 Reply
    BEATSLINGER
    Participant

    Sorry for The “Double-Dip”

    Also, ALL of these “How-To’s” claiming that “You Can Make A TON of Money in Music For TV & Films” did NOTHING but “Chum The Waters”, and bring a LOT of attention to the “REAL Sharks & Predators” that were looking for a quick and easy filling of their bellies..

    #34391 Reply
    mmuser
    Participant

    Thank you all for your answers!
    I suppose, the “right to make changes..” is not very rare in the agreements, but the “without any notice” part it seems unacceptable and suspicious to me . How difficult is it to send a group email?

    @LAWriter The Agreement is Non-Exclusive and they will delete any tracks from their system within 3 – 5 business days.

    #34393 Reply
    jdt9517
    Participant

    It’s really the part where they can change the deal unilaterally.

    #34404 Reply
    Advice
    Guest

    The Agreement is Non-Exclusive and they will delete any tracks from their system within 3 – 5 business days.

    Not saying you should or shouldn’t sign the deal but that does mitigate risk if you want to give it a shot.

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