Does this sound typical?

[pixelee]

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).

[Paolo]

Hi 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.

[woodsdenis]

My 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

[pixelee]

They mentioned that they are a division of BMG.

[pixelee]

Would 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).”

[Paolo]

Although 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.

[pixelee]

I see. Do I still have ownership to the song? For example, I could still register my songs on a PRO?

[Paolo]

…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.

[pixelee]

But I guess I could register my songs in PRO?

[Art Munson]

Ask them. They probably would not want you to. All the ex. I work with register the songs.

[pixelee]

Thank you. From the above info, this contract sounds normal?

[Art Munson]

Other 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.

[pixelee]

Thank you so much for the help! I really appreciate it.

[Author]

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