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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.
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.
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