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Just joined this forum, so hello, everyone!

 

 

I'm hoping someone here could share some of their experiences with music libraries.

 

 

Currently, I get hired by producers to write lyrics and toplines to their songs, through a split or work-for-hire, both of which are pretty straightforward contracts.

 

 

I now have a lot of leftover songs, so I've decided to explore production music libraries, hoping to get some synchs.

 

 

I've only been checking out the non-exclusive libraries, and I've read over some contracts, which are definitely not as simple as a work-for-hire or split.

 

 

I'm not an attorney, but what I read is not the most thrilling. Particularly, I'm turned off by the three-year duration and the clauses granting them rights to change the composition itself, including titles and the music itself. I know there are legitimate reasons for this, but overall, music libraries are foreign worlds to me.

 

 

I also don't personally know anyone who's done it SUCCESSFULLY; the people I know submitted music to libraries and never heard from them again. Have any of you ever dealt with them? Any issues with their contracts? If there was a problem, was it resolved at all?

 

 

I've seen a lot of online articles about this, but it's always better to hear from people who have actually gone THROUGH it.

 

 

Thanks for reading,

 

 

Jay

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I can't answer this from the point-of-view that you are looking for, but I would like to say this: "make extremely sure that you do own, un-contested, the "extra" songs that you now wish to market. You should have, and keep, documentation that shows exactly when you worked on each song, and what contract(s) were in place at the time that you wrote them. Some "work for hire" contracts might claim ownership of material that you wrote during the same period even if you did not submit them in fulfillment of the contract. (Or, someone might decide that they think it does, and raise a very expensive stink.)

 

You certainly are on profitable and friendly terms with your clients, and as a successful businessman you of course want to keep everything that way. Simply talking to anyone who might conceivably object ... in advance, and documented ... is also a prudent thing to do, because most lawsuits arise either from greed or from misunderstanding ... from a lack of timely communication. A happy client who feels "caught off guard," or "ill-used," might become an unhappy former client with a Facebook account. Which ten minutes of documented conversation might completely avoid.

 

You should, of course, register your copyright to the material (which you can do "in one swell foop, online" in the USA. But in this case you want to protect yourself against a breach of contract assertion: that "it belongs to me, because I paid you to write it, and/or because I was paying you to write, while you wrote it. Ladies and Gentlemen of the Jury, that song properly belongs to me." Etc... Don't go there.

 

If it were me, I'd gather up all those contracts, and your work-logs, and both the songs that were made under contract and the ones that (you say) were not, set them all in front of an experienced intellectual-property attorney, and buy some time. "Ask someone who knows." (It is all, "due diligence.")

 

(It was many years before I found and engaged an attorney, but since that time I have used him a lot. Just like a CPA, "you need 'em.")

 

I myself would be leery of a contract that allowed someone else to change or rewrite "my" song. But I would understand that a contract might stipulate that I agree to timely make changes (or, permit changes to be made with my consent) in order to make a particular song more marketable. Their clients will naturally have the same sort of "requests" :? that yours now do. And, if they contemplate the need to "customize the product," in order to satisfy their customers, their contract with you must of course spell it out in detail. (In the eyes of the law, intellectual property is sacrosanct.)

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  • 6 months later...
I can't answer this from the point-of-view that you are looking for, but I would like to say this:  "make extremely sure that you do own, un-contested, the "extra" songs that you now wish to market.  You should have, and keep, documentation that shows exactly when you worked on each song, and what contract(s) were in place at the time that you wrote them. Some "work for hire" contracts might claim ownership of material that you wrote during the same period even if you did not submit them in fulfillment of the contract.   (Or, someone might decide that they think it does, and raise a very expensive stink.)

 

You certainly are on profitable and friendly terms with your clients, and as a successful businessman you of course want to keep everything that way.  Simply talking to anyone who might conceivably object ... in advance, and documented ... is also a prudent thing to do, because most lawsuits arise either from greed or from misunderstanding ... from a lack of timely communication.  A happy client who feels "caught off guard," or "ill-used," might become an unhappy former client with a Facebook account.  Which ten minutes of documented conversation might completely avoid.

 

You should, of course, register your copyright to the material (which you can do "in one swell foop, online" in the USA.  But in this case you want to protect yourself against a breach of contract assertion:  that "it belongs to me, because I paid you to write it, and/or because I was paying you to write, while you wrote it.  Ladies and Gentlemen of the Jury, that song properly belongs to me."  Etc...  Don't go there.

 

If it were me, I'd gather up all those contracts, and your work-logs, and both the songs that were made under contract and the ones that (you say) were not, set them all in front of an experienced intellectual-property attorney, and buy some time.  "Ask someone who knows."  (It is all, "due diligence.")

 

(It was many years before I found and engaged an attorney, but since that time I have used him a lot.  Just like a CPA, "you need 'em.")

 

I myself would be leery of a contract that allowed someone else to change or rewrite "my" song.  But I would understand that a contract might stipulate that I agree to timely make changes (or, permit changes to be made with my consent) in order to make a particular song more marketable.  Their clients will naturally have the same sort of "requests"  :? that yours now do.  And, if they contemplate the need to "customize the product," in order to satisfy their customers, their contract with you must of course spell it out in detail.  (In the eyes of the law, intellectual property is sacrosanct.)

Mike,

Sorry, I thought I had already responded to this a while back. Probably forgot to hit "Submit" after previewing.

Thanks for the response and the info. I ended up not having signing up with any music libraries until I have some actual leverage to negotiate.

JP

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And, repeating my admonition once more ... when the time comes, speak to a qualified and street-savvy music lawyer first.

 

In spite of the inevitable "lawyer jokes," these people really are experts, both in the law itself and in how it really works in practice.

 

Also talk freely to the people with whom you're working who are your bread-and-butter now.  Do any of them perceive any objections?  Do their lawyers?  When dealing with intellectual property, "it is much easier to get permission than forgiveness."  You want to keep that great working relationship that you now depend on, with everyone, while at the same time achieving your goal of expanding to seize new business opportunities.  Therefore, "let them be the first to know."

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  • 2 weeks later...

The music libraries is a tough question.. But they are good in the sense, they sell the music to a client,  It shouldn't end   up on pirate sites, or music downloading cites, where you're royalties are .03 cents a song. 

 

 Starting back in the 80's  I did music for OMNI MUSIC..  My contract was one page, and very straight, clear and concise..  They never ripped me off..  The main positive.  I had a direct relationship with the owner, and we made a firm handshake. which back in the 80's still meant something. My BMI writers royalties, coincided with the checks I received from Omni Music, so I knew he was honest..  The company became very successful, and is well regarded, another pointer to integrity. 

 

Of course smaller publishers are always popping up, and to get in on the ground floor can be a good thing, and sometimes that is your only avenue for the moment.. 

 

The problem with convoluted contracts is, it's up to the lawyers' knowledge and interpretation of the law..  Part of a  Lawyers job is to find legal loopholes, to skirt the law..  Hence the the 'wherefore to the 3rd party, indemnifying the 2nd, to the contractual obligations'..  is that some of the clauses can be interpreted in different ways..  Of course this is good for the lawyer cause they get paid by the hour to argue a lot of hypotheticals.. and interpretations can get twisted to mean other than what they seem to say. 

 

I would do as much research on the music library your are dealing with as possible, are any of their other writing, or clients suing them?..  What kind of reputation do they have?..  This will require some serious digging.  Ask to see their other work. I would also ask and get in touch with other writers.. If they have nothing to hide, they will not object. 

 

So if they take your work and rewrite it and change it, does it become a  'pool or writers'  all getting royalties?.. 

This can be a bad or good thing.  If someone can add enough fizz and polish to your song, to make it a hit.. It's good.. 

You do sometimes see songs, with 4 or more writers on it..  If they dilute it down with enough writers (which may be one person under aliases) you will be getting ripped off. 

 

I would definitely copyright what ever you give them..  Since you're a newbie be prepared to get ripped to some degree..  That's just how the business works..  I would give them material, I felt comfortable parting with (impossible for some  writers).  Even if you do not get your proper reward or royalties, it might OPEN doors to future opportunities which in the long run are worth losses of early ventures..  If you can get some credits to your name, then you can start to dictate the terms of future contracts to a degree. 

 

I would put a time limit on the songs they can have. After a certain time, all rights revert back to you.. Of course the big white elephant in the room is.. What happens if they do rip you off.  Are you prepared to spend $10K to get back $2K owed to you?..  Or will their books be so cooked, it pointless anyways..  

 

I don't mean to scare you off.. but I waded through this many years ago..  Got fed up, and just ended up writing and producing small artists, in my own studio with various larger music projects wedged in..  

 

Dolly Parton wrote 'I Will Always Love You'.  Many years ago Elvis Presley was going to record it, until Col Tom Parker told Dolly, that Elvis always takes the publishing of what he records.. Dolly politely refused..  Years later of course Whitney had a huge hit with it..  Which was the proper solution?.. Dolly was quite sure Whitney was..  cause Dolly got writers and publishing.. If Elvis had a huge hit with it, hundreds of others could have covered over that long span. but that's music business. 

 

If I felt the company was legit, I would give them some material I could part with.  You have to take some risks.

Don't be afraid to try making some changes to the contract also.  If they want your stuff they will make some concessions. I would nor sign any 'exclusive deal with them either'.. Otherwise they should be giving you a weekly paycheck.. 

 

I worked for a (to be unnamed) record label for a while, and they had what they called 'The Golden Handcuffs contract'..  They were so many vague clauses in it, they could F$%$ you six ways to Sunday on it.. and they would

 

In the 80's I got a 20 page recording contract..  Since I had just arrived in NYC, and was dirt poor..  I went to a Artists free legal aid (but remember you do get what you pay for)..  The contract was written in such 'legalize' it was impossible for a layman to interpret.  The legal aid took too long to review it, and the label withdrew..  Actually I think it worked out OK..  But as an older man to a younger man, you have time to take some risks, that's how you learn some of the most valuable lessons.  You can afford to take some losses, as a young man.. You also can write more material. 

 

I signed up with a small publishing company about 12 years ago.. But quickly discovered it was really a vehicle for this female Asian artist to push herself..  She had about 10 writers.. I think all she did was take others ideas, change them enough to call her own.  She sold and dealt with Asian markets only.. So short of spending time and money to research and follow her, It was next to impossible to know what she was doing..  

 

Ditto to Mike Robinson's comments. 

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FYI, in the following quote, I am specifically referring to the Work Made For Hire provision of the copyright law:

 

But in this case you want to protect yourself against a breach of contract assertion: that "it belongs to me, because I paid you to write it, and/or because I was paying you to write, while you wrote it. Ladies and Gentlemen of the Jury, that song properly belongs to me."  Etc... Don't go there.

As for me, I first met my personal attorney when he settled the estate of a deceased relative.  I was very pleased with his thoroughness and attention to detail in handling this slightly-complicated estate, and his fees were reasonable.  (He also didn't mind being paid in installments, which was important as we were dealing with the lingering medical expenses of aforesaid relative.)  Well, one thing led to another and soon I realized what a legal expert is for.  When presented with a contract or even a letter of agreement, I'd "call Tom."  When I asked a music/intellectual property question, Tom referred me to a fellow attorney, Hank, who was a specialist in that area.  And, so on.

 

Yes, we are on a first-name basis.  Quite frankly, I wouldn't dream of entering into any sort of intellectual-property related negotiation without an attorney who specializes in that area of the law.  "Hank, I need you to read this over and tell me what you think."  He bills me fairly for the time, and I pay it, because he is an expert.

 

I know that, for example, in (nearby) Nashville, there are attorneys who specifically work with "up and coming" musicians and artists, not only to "help them not get scroo'd," but also of course to develop them as future continuing clients.  (And I know that some of them have very big clients who came to them first when they were nothing-yet.  "Smart lawyers businessmen," I'd say ...) 

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  • 4 months later...

Ask someone [an attorney ...] who knows.  Copyright law is nothing to fritter around with.

 

Be on its good side, and it's there to protect you.  Get on its bad side, and it can chew you up and spit you out.  So much of it can come down to:  "did you look?  did you ask?  did you even try to find out?"

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