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April 13, 2013 at 12:13 pm #9493jimandroz7Participant
Hello,
It seems there is a publisher split of 50/50, a pro split of 50/50 and….a sound recording income split of 50/50 in the contract. Can someone explain? Thank you! It is for a nonexclusive contract.
jimandroz
April 13, 2013 at 12:42 pm #9495Art MunsonKeymasterIf I understand your question.
Sound Recording = MECHANICAL INCOME
Mechanical royalties is money paid by a company to a song’s copyright holder for the right to use the song in “devices serving to reproduce the composition mechanically,” in other words, vinyl, cassettes and compact discs.
Pro Split (50% Writer Income 50% Publishing Income) = PUBLIC PERFORMANCE
Any time (well almost) a version of a song is performed publicly, whether live or on record, in concert or over radio or television, the copyright holder is entitled to public performance royalties.
Publisher Split May Mean – SYNCHRONIZATION
A synchronization license is a permit to use a song in a movie or television show. The producer must obtain a “synch license” from the copyright holder, often for a one time fee.
In your case you, as the copyright holder, are assigning those rights to the library. Either exclusively or non-exclusively depending on your contract.
April 13, 2013 at 3:40 pm #9498jimandroz7ParticipantPlease let me know if anything stands out on this contract? I have taken out the name of the library. It seems like they are asking a lot for a non-exclusive contract. Thank you for your help here. I don’t want to get into legal trouble . Here is part of the contract below regarding recording income splits. Am I entitled to give any of my CD sales with this song to them as we’ll? Thanks!
COMPENSATION: In consideration of the rights granted herein and LICENSOR’s full performance hereunder, LICENSOR hereby agrees to be paid in accordance with the terms set forth below. Please check all boxes that apply.
? I/We am/are the PUBLISHER of the COMPOSITIONS:
(a) Fifty percent (50%) of the income derived or generated by______ for its Services.
(b) Fifty percent (50%) of the “publisher’s share” of royalties from public performances of theCompositions (whether licensed directly or not). Songwriter retains one hundred percent (100%) of the “writer’s share.”
(c) Such percentages are also listed in the attached Schedule “A,” attached and incorporated by reference hereto.
? I/We am/are the SOUND RECORDING OWNER of the SOUND RECORDINGS:
(a) Fifty percent (50%) of the income derived and/or generated by________ for its Services.
(b) Such percentages are also listed in the attached Schedule “A,” attached and incorporated byreference hereto.
OTHER: In consideration of the rights granted herein, LICENSOR hereby agrees as follows. Please check all boxes that apply.
? If due to_______Services, LICENSOR enters into an exclusive agreement with a third party for use of the CATALOGUE in whole or in part and/or for new sound recordings, compositions, material and/or content (i.e.,
distributing, recording, publishing, digital, wireless, new media agreement(s)), then LICENSOR shall pay, or direct that _____be paid pursuant to a letter of direction, a fee to be negotiated in good faith, but which shall not be less than fifteen percent (15%) of the initial advance, fee and/or royalties received and/or to be received by LICENSOR under such third party deal. The consideration to be paid to ____for such placement and/or pitching is in addition to any other fees due to ____under this Agreement, including buyouts.
? If due _____services, LICENSOR receives alternative marketing placements (i.e., link to website, link to retail, marketing card at the end of show, posters on set, T-Shirt on actor, etc.), then _____shall receive an additional Ten_ percent (10%) of the fee it receives for such placement as set forth herein.
? If due to______Services, ARTIST performs at a TV or film related event (i.e., premiere party, charity function, DVD release, series party, etc.) and LICENSOR receives income for it, then ____shall receive Ten percent (10%) of all fees paid to, credited to or on behalf of LICENSOR therefrom.
? If due to_____ Services, ARTIST performs “on-air” on TV and/or in a film and LICENSOR receives income for it, then_____shall receive Ten percent (10%) of all fees paid to, credited to or on behalf of LICENSOR therefrom.
April 13, 2013 at 5:04 pm #9499Art MunsonKeymasterOver the top for my taste but then again you would have to consider the library and their past successes. BTW, you need a lawyer, I’m not one. Just my two cents worth.
April 13, 2013 at 6:22 pm #9500jimandroz7ParticipantThank you very much for your response. Everything else (except the sound recording
income split) looks okay to me…does it to you? I think I write in no on the part regarding
Sound recording (see above) and see if this goes. I feel that if I can’t read a contract and
need a lawyer, then the contract is overreaching which in my opinion this one does.
Thanks for your thoughts Art.
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