Not only perpetuity, but THIS too? [Edit: the perpetuity thing was a false alarm – sorry]

[Jeeb]

OK so I’m looking at an agreement offer from a reputable library, and in addition to it being exclusive in perpetuity with no up front $. [Edit: I realize now it’s actually a 5 year agreement] , there’s a paragraph stating they’re under no obligation to actually include the music in their library and can omit it at any time.

Sooo….you could end up with music locked up exclusively and not even in a library at all, which seems a little less than ideal (!).

I’ve read the comments from composers here who have agreements with this particular library, and I’m confident the library is legit, but does this sort of language seem  potentially fraught with peril?

True story, and not the only one of it’s type: There was a singer/entertainer with tremendous star qualities who was offered representation by the manager of a very similar singer who was already a super star. Upon signing the exclusive  deal, the manager promptly shut down the new singer’s career permanently – he only signed the singer up in order to be able to put him on ice and keep him from competing with the super star.

Certainly the library in question here has no such evil intentions, but such contract language leaves the door open for  abuses does it not?

[Art Munson]

” there’s a paragraph stating they’re under no obligation to actually include the music in their library and can omit it at any time.”

That I haven’t seen before and would stay away from them. Curious as to who that library is so I can note it on their listing. Please contact me so I can do so.

Thanks

[MichaelL]

I’m with Art. I’d like to know who that is. Total BS.
As a lawyer, I’d love to hear their explanation.

Maybe those terms (in perpetuity) only apply if you are accepted into the library.

Are writers really that desparate?

BTW…how do you know they’re reputable…just because they’ve been written about here????

[Jeeb]

Thanks guys – I’ll PM you both the library info and also a copy of the agreement in question if you’re interested.

Well if I can figure out how to PM you – dam I see everyone else knows how to do it but I’m having a tremendous doofus dummy moment here. I’m accustomed on other forums to clicking on another members name, profile, in order to PM them…

And MichaelL, yes, I’m assuming reputability based on what other composers here have related regarding their experiences with the library.

[Jeeb]

OK, well not only am I all doofus-ish about PM-ing, but about contracts too – DOH! Sheesh I must be making a GREAT first impression here.

I had been scanning the agreement, saw perpetuity mentioned in a couple spots, misinterpreted it, and didn’t catch on that the perpetuity was quite standard-ly applying to the collection of royalties generated from broadcast of the libraries titles, and (I’m guessing not as standard-ly) the contract also converts to perpetuity for a track if the composer earns $500 or more from it.

But the initial term is in fact 5 YEARS.

So yes I have been quite the unnecessarily trouble making a-hole today.

Major apologies to all for my sloppy contract reading and false alarming.

Now does the part about they’re under no obligation to actually include the music in their library and can omit it at any time seem benign enough? I’m thinking I might still want to ask for a rights reversion to composer if they omit it from the library.

And Art, if you’d like to just nuke this whole topic I’ve started that has been such a time wasting fiasco so far, that’d be fine w/me.

[Art Munson]

@Jeeb: No problem, it’s easy to get confused. I certainly have many times.

I did move the PM link to a more visible spot on the top menu. That should help. Something good did come out of this. 😉

[Author]

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