Hesitant signing first exclusive deal with Library

[JD]

Hi Folks,  I am new to this great site and would appreciate any thoughts from more experienced writers if possible. I have had songs signed previously to non-exclusive libraries and had some TV placements for them. I have recently been offered my first exclusive deal on a couple of ( previously unsigned) instrumentals. This would mean assigning copyright in perpetuity with a 5 year reversion with no advance (not quite sure how that works if assigned in perpetuity). If un-synched after 5 years, deal would change to non-exclusive. I can accept this on one of the songs which was quite quick to put together but somehow feel differently about the other song as it took much longer to craft. I am not able to write full-time yet so am not as productive as I would like to be so am finding it hard to `let go` of this song in perpetuity but would happily sign non-exclusively. I know as I am writing this how irrational this sounds as that is how this business works and I should just write more great songs and move on, it could generate good money and then I probably would be cool about it but I do feel the difference between this and other pieces which I am more able to churn out quickly. Maybe I should just save it for non-exclusives if I feel that way? Has anyone come up against this kind of `attachment` issue and how did you deal with it? I feel a bit silly even writing this but there may be others who have gone through similar. many thanks. Pepeluis

[Art Munson]

Welcome to the site Pepe.

In perpetuity, in this case, most likely means that any show, film etc they place the song with will remain in perpetuity with that placement. That’s pretty typical.

I would say 5 years is too long. 2 to 3 years is fairer. Also you should tie a dollar amount to that placement for them to keep the song exclusively after the term. I would think $500-$1000 if you need the money. Personally I find it hard to give up a copyright. If you feel great about the company and they have made placements with you, it’s your call.

[Art Munson]

I know what you’re talking about , some tracks you just want to keep.

I have 50+ tracks signed with exclusive libriaries (with no reverse clause), some of them have performed well some not. A lot depends on who you are dealing with, and how big is the publisher/library.

But keep in mind that some non exclusive have a 5 year retention clause, so if in the meantime you find  great exclusive deal for your track, you wont be able to bring it home.

Perhaps hold on your track a little longer and see if the right chance comes along…but not too long to keep it forever in your drawers 🙂

[Wildman]

Hi folks,

I have almost 400 tracks in exclusive libraries and 100 tracks with other business models. When I started to write production music a few years ago I thought it`s totally normal to sign exclusive deals and that the tracks are assigned to the library in perpetuity.

I never asked for a reverse clause and I never took production costs or upfront money so far from them. Maybe the whole bizz works different in Europe. I don`t really know. I work with good and known libraries. Believe me there were times when I cursed the whole system but things changed with years and more experience.

Out of this 400 tracks there are about 100 tracks (25%) running regulary in TV. 10% running very good and I could make a “good” living if the cue sheets would be filled out correctly but that`s another topic.

There are days I am very sad that 300 songs are not used “yet” and then I ask myself what would be “if” a) this songs would be with non-exclusive libraries or b) with royalty free sellers ?

Answer: I don`t know. It`s hard to say if the tracks would be better somewhere else or make me more money and finally a good living. With no doubt as a library writer you have to be good and versatile but a lot of things we can`t influence and we need luck as well. Sometimes, when I open my tunesat account, I get happy because I can read the track name of one of those 300 unused songs that will be used from now on. If a track is in the TV system that track will be used more often in my experience.

I have now a simple and effective way to think about the library bizz. For me there are 4 systems. A) trailer and high end botique production music libraries. This companies work worldwide. I would ask for a production fee or upfront money. It depends on the deal. B) Good exclusive libraries that work in their territory. They don`t pay upfront money or production costs but they have good customers and your music will be in TV. C) Non-Exclusive or Retitling libraries. Most non-exclusive libraries retitle and don`t pay any upfront. D) Royalty free sellers(libraries). You upload your tracks there, write good meta data and see what happens.

I personally work for B and D but I started to work for A as well. I understand the non-exclusive retitling thing but it`s not for me. My personal goal is of course to work more for A.

My good and well produced music I`ll give to B. It takes time to generate money but Pro money will come. My good and fast produced music will go to D. These days your music has to be good to sell no matter for which system you might work. My top music with live musicians and co-writers, perfect mixed and mastered, will go to A.

I hope I could help a bit. Read also Mark Petries articles.

See ya and a Happy New Year

Wildman

 

 

[Advice]

One thing you can at least TRY is ask the company offering you the exclusive deal with 5 year reversion, if they would consider shortening it 4 or better 3 years. It never hurts to ask… Worst case, they say no. Some are more flexible than others in terms of changes to contracts.

Of course, many libraries use 5 years because that is the number that truly makes sense for their business model. It IS a slow moving world for what we do.

Best

😀

[JD]

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Hi Folks,

 

I really appreciate all of you taking the time to answer so thoroughly with such helpful thoughts and advice, it really does help get my head clearer.

 

This is a USA based library (I am in UK) that gets pretty good comments on MLR and I had a good impression when talking to owner.As mentioned I have only signed non-exclusive deals before so this is my first exclusive. With this piece it feels hard to sign away song ownership with no advance or guarantees (logically I know not to expect this) but in some way I am not able to be totally logical with this one. I have performed it live in theatres and it feels more `mine`. Maybe I just shouldn’t have sent it to him in the first place!

 

This is my first interaction with this library and I feel a bit awkward picking holes in the contract.when we just met so to speak, I know it is business but I want to start on the right foot. I think part of my uncertainty is that I don’t fully understand the contract on some points. I assume if I sign over copyright then I can’t perform, sell or put it on my website?.

 

I did get a free hour written legal advice as part of my Musicians Union membership. Some of the points raised were mentioned by you folks too such as requesting a reduction of the  reversion period plus the following additional points…

 

` If it is intended that the agreement shall be for the purpose of the Publisher exploiting the works and recordings by means of library music then the rights taken need to be limited to that. Unless the Publisher can demonstrate it has the ability and intention to exploit the work and the recording by other means, then it should not have the right to do so. Otherwise the rights taken are disproportionate to the exploitation intended and this is unfair. In the event that there is exploitation of the composition(s) by means other than library use, then the royalty payable should be 70% of net receipts from each type of exploitation. That is to say 70% of the publishing income and 70% of the recording income.`  

 
Writer shall have approval over all non standard library exploitation and Writer reserves all rights to grant synch licences, sample licences and similar types of exploitation, including digital downloads and “ringtones”.    
 
Writer shall have consent for all synch licences, sample licences and other non-mechanical exploitation, including digital downloads and “ringtones”.  
 
Writer shall have consent for and the Publisher shall bear the cost of any adaptations and alterations. Any changes to the compositions shall be treated as one hundred per cent (100%) written by Writer and Writer shall be paid in respect thereof accordingly. 
 
 Do you folks think it reasonable at this stage to request these changes (there are more points flagged up by my advisor, 13 in total!) or just go with what is on offer perhaps just discussing the reversion period (there are 2 numbers being considered in total)?
 
Apologies for such a lengthy post! Appreciate any advice. Many thanks. PepeLuis
 

 

[angopop]

I’m considering signing with an exclusive library, my first one. They sent me their contract and I’m going to go over it with a lawyer.

Has anyone requested changes in an exclusive library’s contract (reversion clause, etc…)? How did you go about it, and how did that go?

[Desire_Inspires]

I know this thread is old but I would just go for it and sign the deal. Some of these deals can be lucrative and others can lead to nothing. Sometimes it is better to take a chance and see what happens.

[Vlad]

@angopop, it would be my advice to try and make sure there is a reversion clause. I speak from experience and early on I screwed myself on Exclusives with no reversion clause…..and have regretted it. And if you can’t get the reversion clause, ‘just go for it’ might be good advice IF the library has a good track record with placements. Upfront $ can be a good motivator and would alter my feelings on everything I have stated thus far.

[Desire_Inspires]

A reversion clause sounds reasonable especially if no upfront money is being offered.

[angopop]

The reversion clause in this agreement states that the rights revert back to me after 3 years if the library has not done at least one of these items:

– caused the track to be downloaded or digitally transmitted by a client
– used in a movie, tv show, etc…
– used in a zip file, cd, downloadable link, etc.
– provided the song file to a client

Is this good or normal? If a client merely downloads the song the day before the 3 year reversion clause takes effect, and it’s the first time any client has shown any interest, irregardless of whether they will eventually use it or not, the song will not revert to me.

Any thoughts?

Thanks,
A

[woodsdenis]

If a client merely downloads the song the day before the 3 year reversion clause takes effect, and it’s the first time any client has shown any interest, irregardless of whether they will eventually use it or not, the song will not revert to me.

You could look look at it like this, if the client does this one day after it will revert back to you. Contracts have to be precise, thats the point. I think a reversion clause, if there is no upfront is reasonable. A time frame of 2-3 years seems reasonable too.

[Author]

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