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I was recently contacted by a music library that I had submitted several songs to as non-exclusives.
They said they would accept two of the three songs, but wanted to know if I would be OK with the songs being under a perpetual non-exclusive term. This may be common practice, but I just want to get other peoples’ opinions regarding perpetual terms for non-exclusive submissions to libraries.
What if, at some point, you wanted to sell your catalog or a big paying client wanted one of those songs exclusively?
Art,
I was wondering about the exactly same thing myself. You think someone will want to buy a catalog that is spread around different non-exclusive libraries? Even if you pulled out all the tracks off those non-exclusive libraries, it is still exist in many production companies and music supervisors forever with a licence to use it as they see fit forever anyway. So why not to sign a non-exclusive agreement forever?
The only thing I see is if someone will want to use specific track exclusively.
I have a solution that I would think would succeed for the situation where you have a client that wants to pay big money for the EXCLUSIVE use of your song for 1 year. First off, this mostly happens in advertising, and almost always involves a catchy vocal in my honest opinion.
If you independently through your own sales efforts get an ad agency or national brand to use your track for their high budget national spot, and they are willing to license it for for $25,000 for 1 year EXCLUSIVELY…meaning this can’t air anywhere else for 1 year…You just pick up the phone and call the library owner and say “guys I have this great deal on my plate for track “______”, can you kindly pull that cue off the market for 1 year? I would hope that most library owners would be happy for the composer as these big breaks only happen every now and again. Now, let’s say the library is being difficult about it…well…money talks…you just say then “how about I pay you $1000 to take it off the market for 1 year?”…then you still pocket $24,000 and everyone is happy….
For the record: these are hypothetical numbers in this example, and I have never been in this situation.
I’d like to think that most folks in this business would be happy for an Artist/ Composer getting that big break and big pay day, and would agree to not interfere by cooperating with the composers’ request.
I had one library owner that pulled off one track that was non-exclusive with him in perpetuity, but again, you never know its depends on your relationship with the library. So if you want to be safe, don’t sign it.
And again, lets say the advertiser don’t want it to be aired for one year, it just cant be done if the track is in one or more libraries.
It’s worth the risk fella’s . Having lots of experience in the Jingle business I know now that everyone is chasing after “the next big thing”…song…with a vocal for their ad. I am friends with the music supe for a big NYC agency that has all the big P and G brands and this guy is always placing the latest buzzworthy indie band often signed with a major label. I’ll do all in this forum an educational favor by linking you to this agency’s reel:
http://www.saatchiny.com/en/creative_work
Listen to these spots, they are almost always commissioned post scores. The name of the game is to call 3 “hot” music houses (“hot” is all a matter of perception) and ask them to score the spots in a “competitive demo” scenario.
Each music house will typically involve 5 composers to compete for the score. The agency will evaluate 15, sometimes even 30 or 40 demos, before one lucky guy is awarded the big 25K pay. Of course then that guy has to split it all up with the music house owners that sold the job….and get screwed…and probably only make 6 or 7 of the 25K!
Our existing cues that we all love so much simply will not make it to the big time, but we can rack up several 2K and 3K synch fees.
I’m also considering a perpetual non-exclusive deal for a few tracks. I’m leaning towards More Advice’s line of thinking. My stuff is spread around several non-exclusives. I don’t see myself removing anything and I REALLY don’t expect someone to offer me an exclusive deal with big (or any) up front money.
That being said, I can not think of another reason to not sign off a non-exclusive track in perpetuity.
Anyone else have an opinion either way?
Mmmm, I’m still considering whether or not to go with a non-Exclusive Perpetual deal that one of the popular sights is now offering. Very tempting as they seem to have a deal with a big international player. Anyone else taken the plunge?
Anyone else taken the plunge?
If you mean AS, not me at this point.
Mmmm, I’m still considering whether or not to go with a non-Exclusive Perpetual deal that one of the popular sights is now offering. Very tempting as they seem to have a deal with a big international player. Anyone else taken the plunge?
I did..but if this doesn’t add up to some back end PRO $ I won’t submit any new material to them (AS) – I have a lot of material (with them) that gets placed frequently with other companies but I seem to get very little activity there..I’m really hoping that deal gets me some placements..if not I’ll let those tracks sit there and move my new stuff to other places..Jay
I wouldn’t do it.
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