"Durable limited power of attorney"

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This topic contains 5 replies, has 2 voices, and was last updated by  MichaelL 1 year, 3 months ago.

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  • #24082 Reply

    ComposerLDG
    Participant

    I’ve seen more than one library contract use that phrase. Does it make anyone else nervous? I understand it’s limited to the contractual business at hand, but still…

    #24083 Reply

    MichaelL
    Participant

    I would need to read the specific contract to make sure that it is limited in the proper manner.

    A clause of this type would be in a contract with an exclusive library. Generally, it gives them the authority to transfer your tracks to a new owner, if the library is sold, without having to consult you first or get your approval.

    Recently, an exclusive library that I’m in was sold and the original contract did not have this clause. I had to sign an addendum approving the transfer of my tracks.

    As always, I recommend that you consult with your attorney to have them review the contract.

    FWIW, I hope to be available for this kind of work in the not too distant future.

    Cheers,

    Michael

    #24084 Reply

    ComposerLDG
    Participant

    Hi Michael, thanks for chiming in. I’ve seen it twice so far, one with an exclusive library and one with a non-exclusive. I do have an attorney check out contracts. This was the first time I’d seen this though, so I wondered how common it is.

    #24085 Reply

    MichaelL
    Participant

    I’d be most concerned about the clause being in a non-exclusive contract. But, again not reading the contract, I cannot comment specifically.

    This type of clause can be part of a non-exclusive agreement. For example, this type of clause would have facilitated the acquisition of JP by OL, without requiring Ol to renegotiate everyone’s contract.

    Also, there may be at least one library whose contract is a limited non-exclusive agreement (you still own your tracks) going in, but upon placement the clause is triggered, enabling the library to convert the track to exclusive, possibly to the extent of obtaining the copyright.

    The key is to be informed and understand the meaning of these clauses in the context of the contract at hand.

    #24086 Reply

    Advice

    Couldn’t it also simply be used to mean you are giving them the authority to sign licenses on your behalf, which is basically what a library does for you? #NotALawyer 😉

    #24087 Reply

    MichaelL
    Participant

    Couldn’t it also simply be used to mean you are giving them the authority to sign licenses on your behalf, which is basically what a library does for you?

    It’s possible, but this kind of clause is farther reaching than just giving the library the authority to represent your tracks, which is what you want them to do in the first place. It gives them the power to make broader business decisions, which the composers may or may not like, without needing to involve the composers.

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