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Re: confidentiality. What do they want you to keep confidential? It would be damaging to your reputation if you leaked their plot/ending, etc. I have never seen this before but if it doesn’t affect your rights, etc… ? Run it by a good attorney.
Typing on an iPhone. Oops! What I wanted to say was if they get no distribution, they don’t owe you any extra but you have a score you were paid to do to use elsewhere in the future.
P.S. Re: deferred payment, I do this as contingent upon the second they sign a distribution deal. If they don’t get distribution (meaning DVD, theatrical, streaming… basically any method of making it public). Make sure you include a time period they have to pay you within.
License the music but not “in perpetuity”. The license should be for their use of your music within THAT film only, for the life of the film (if you want additional money if it goes to a new format – (BluRay?) -, you can try but…). Giving them a license “in perpetuity” means they can use the music forever for all sequels, etc without paying you any additional fees. You own masters and pub. What you can offer them is a “holdback” which means they have exclusive use for a period of time (usually a year or for 9 months after a film is released, whichever comes first). As far as deferred payment goes, it’s a great idea. Instead of a % (which you may never see) ask for a flat fee (usually the difference plus a little extra of your usual fee after the upfront money). You’re not likely going to make more the bigger the film gets, but that will likely make you more desirable for bigger gigs if you are part of a “hit”. Keep your right to self release your soundtrack getting their permission to use the artwork etc. That will help promote the film and it’s a nice feather in your cap to have an OST. If they tell you they need all your rights, please inform them a license is quite sufficient. I’ve done it many times before. They’ve worked around a lot of aspects making the film on a budget this should be no different. Also, volunteer to do your own cue sheets and learn how to do them. These will be necessary for them as a deliverable to the distributor and you’ll need them to get royalties if it airs on tv. Make sure it gets filed with your PRS as well. Best of luck!
BI and BV will now be paid the same, which is literally what it says. Fine. BUT… “ASCAP Improves Fairness of TV Distribution Formula” infers, to me, (fairness) that the extra money formerly paid out to BV would now be redistributed so everyone, BI and BV, would now receive a higher rate as a result of leveling the playing field, however, it does not say that. Thoughts?
I have never submitted through FMN but I will say that it is not uncommon to submit for a project, either directly or via something like FMN, and never hear a word back. Follow up / follow through is vital. They may not use you now, but if your work is strong, they may in the future. Also, don’t assume they will remember you or actually keep you “on file”. It’s your job to “stay in their headlights” (without being too annoying of course, you never want to stalk a potential client). Research what they are doing via IMDB or word of mouth and check in if you think you have something to contribute to the project. I hope this helps. I know it can be very frustrating.