Exclusive deal but no sync fee split?

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  • #29262 Reply
    DDP
    Participant

    I’ve got an offer from a library where I’ll be paid a small up front fee for an exclusive contract. I’ll keep my writer’s share, but the company keeps 100% of any sync fees. Their reasons for not splitting the sync fees is that it’s an accounting problem for them because music doesn’t generate sync fees like it used to.

    The up front fee is a good gesture, but I don’t like the idea of the library potentially shopping the music where a sync fee will be generated if I can’t get a cut. Yeah, give me a little something up front, but then you land a $5000 sync for a commercial and I don’t see ANY of that? Might not be likely, but you never know… Doesn’t seem right.

    I’ve got one other exclusive deal (with another company) where we split any sync fees generated.

    Is it a common practice to not cut the writer in on sync fees?

    Thanks in advance for any insight.

    #29265 Reply
    Tbone
    Participant

    No, I don’t believe it’s common practice, although I expect libraries would like it to be.

    I wouldn’t suggest falling for their line about it being an accounting problem. There is absolutely no excuse, ever, in my book, for a library to pay you 0% of sync.

    Sync fees are over 80% of income for some composers I know. I’ve heard that the writer’s share of back end is what is dying these days (Netflix, Amazon etc) and sync fees might be all that’s left.

    To be honest, I find it pretty sad when a library offers 0% on sync with what seems to me like a pathetic excuse about it being too difficult to run a report and send you your cut as the reason for this!

    #29266 Reply
    Mark_Petrie
    Participant

    I’ve worked with about 30 – 40 libraries, and the vast majority of deals follow a basic rule: upfront fee = no licensing. There are several large – the largest really – libraries that do this type of deal all the time.

    It is a bit of a sucker’s deal, as the licensing can last years, if not decades. But, depending on the fee – and your financial situation, it can be an acceptable trade off. I still do the occasional deal like this if the fee is really good, like $1000 or more per track and I know the library will push the music hard for TV airtime.

    #29268 Reply
    Advice
    Participant

    How much is the upfront fee? Compare that with how much money your tracks typically earn lifetime on split sync fees (on the average).

    #29270 Reply
    LAwriter
    Participant

    This is the standard “old school” library contract. No sync split, but an upfront buyout fee. It USED to be a fair fee/deal for most libraries (10+ years ago), but is slipping. In some cases so dramatically that it’s laughable. $0-$100 for a buyout? Hahaha!!! Find another composer. At this point, with back end’s future in limbo (streaming), if you take this type of deal you’d better be sure that the up front fee is enough income for you for that piece in perpetuity. For me, at this stage, I’d want significantly north of $1k to take that deal – OR – to be able to create the entire cue in a few hours making it essentially a a good hourly wage for creating it.

    #29291 Reply
    DDP
    Participant

    Thanks for the insight everybody. I knew something was up with the whole “accounting nightmare” excuse that was given.


    @Mark_Petrie
    – I’m sort of struggling with the “up front fee = no licensing” statement you made. Are you saying that it’s either one or the other? Up front fee or back end?

    #29293 Reply
    LAwriter
    Participant

    No. Up front buyout, AND back end PRO writers royalties.

    Traditional library contracts — think PMA libraries like Megatrax, FirstCom, etc. — have used this exact contract for decades. They pay you $$ up front to buy out the masters and the copyright (publishing). In return for the up front fee (it can be anything from $0 to a couple thousand depending, but these days, it’s getting horrifically low) they own your music and copyright in perpetuity and they do NOT share in the up front syncs. The writers ONLY royalty beyond the up front payment is their PRO writers share. Standard stuff. NO LICENSING (sync) payout. Many writers have made mega-bucks on these style contracts. At least they have in the past. The future remains uncertain to me, and I thing the only thing you can count on is that the next 20 will look nothing like the last 20.

    On the flip side of the coin, some of the newer upstart exclusive companies share the sync’s with the composer, but generally the upfront payments are $0 or close to it.

    #29294 Reply
    DDP
    Participant

    Got it.

    Thanks @LAwriter

    #29295 Reply
    Mark_Petrie
    Participant

    LAWriter got it. Just FYI, in case you were wondering if I used the wrong log in – we’re not the same person : )
    In fact, although we agree about most things, I’m not sure if fighting for more than $1000 is good advice here. Those kind of fees are reserved for composers that libraries are desperate to have write for them. Not likely to happen if you’re just starting out.

    #29296 Reply
    LAwriter
    Participant

    Agreed with Mark!! Those types of fees are virtually unattainable at this point. You’ve got to have something they really WANT that they don’t have.

    And even then – you’re not guaranteed any back end placements. One of the reasons I’m looking elsewhere than these types of placements.

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