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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.
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.
But wait a minute, I think the networks should sit quiet. They are getting tons of music without paying sync fees. If they will pay PRO’s less money and royalties will get much smaller, composers will not going to give them gratis cues so easily, so eventually they gonna pay more, I hope they know it too.
Thank you MichaelL. I didn’t know that! every day you learn something new. So I really hope it will be just like you said, a hybrid of both. Also, yes, BMI is not perfect either. If it was perfect I probably had quit my job a year ago 🙂
MichaelL, I understand what you saying. I know A&E will only use the music for their shows, but it is still under a new title for the same piece of music. So when fingerprinting will be the only way to determine the publisher for that piece of music, then those titles for this Extreme/A&E sub publishing deal will not longer be valid. PRO’s will have to invent another way to do it (don’t they?), and if they do, then re-titling non-exclusive libraries will be able to use it too.
If not, how they will do a sub-publishing deals? The only way I can think about is that they will program the system so that each time a cue is getting played on A&E, then lets say, 50% of the publishing goes to A&E publishing company.
MichaelL,
If re-titling is such a bad idea, why do major (extreme music for example) still using re-titling as a way to make sub-publishing deals with A&E for example? (they split the publishing on the re-title). How is it different then a non-exclusive re-titling deal?
Thanks.
OK, so if eventually PRO’s will shift to using only fingerprinting, then signing now a track non-exclusively in perpetuity its a suicide mission?
Because when the time will come and we will have to decide which track goes to which publisher exclusively I will have no option with the non-exclusive perpetuity deal right? I will have to assign that track to them exclusively.
And I wonder some more, if I’ve signed the same track to two different publishers non-exclusively in perpetuity and I have to assign the track to only one publisher, what can I do? Its a nightmare!
How the hall the PRO’s are going to do that? Its going to create a chaos even in agreements composers have with their publishers.OK I get it with publishers canceling agreement for non-exclusive tracks because no one will get paid for them, but what about theme songs that are in use in a specific show for years? BMI or ASCAP will just stop paying for re-titled theme songs? That some of them are re-titled even by major exclusive publishers, for example: Major exclusive publisher have a track called “Nice Day” that is in circulation and getting royalties and sync fees here and then, and suddenly a music supervisor for a big new show, lets say “Good Morning Atlanta”, finds “Nice Day” in the publisher catalog and want to have it as a theme, opening and closing segments, then typically the publisher will re-title it and register it with BMI or ASCAP as: “Good Morning Atlanta Theme”, “Good Morning Atlanta Closing” etc, you get the point. Then what?
Sometimes they do this “Theme re-titling” because the network wants a piece of the publisher share for the theme song but of course not for the original title that have nothing to do with the show. So major exclusive publishers using re-titling as well, just for a different reason, but in the end, if PRO’s stop paying for re-titled tracks, its means that lets say NBC will not get paid for a lot of their shows with those kind of deals. I’ve also seen it with SK when they place cues with I think “lets make a deal”, if its for other show, correct me if I am wrong. They give 50% of the publisher share to the network.
Yes, hope so…just too many have done re-titles, its not so easy to dump it.
Thanks!
I have someone approached me from this site after he hared my stuff on soundcloud.
Anyone know this site?
NathanW, I am just like you, I feel your ‘pain”.
You can do a lot those days with sounds within the box, just see youtube videos of east west and all the other virtual instruments manufactures, they can emulate pretty well just about anything so, you do have hope.
Rob, totally agree, I am in electronica too and something I wrote two years ago is not worth a lot now. I can add hip hop and rock to the list of genres that is not changing too much and worth focusing on if you can for the long run, that what we all want no?
But if you are really really good at what you do, go to the exclusive buy out libraries and make some money on the spot.