# Music Library Contracts



## Axiom (Mar 17, 2016)

I was wondering if any other library music composers could help me out with a few questions.

Would you ever sign a contract with a library that doesn't specify a length of licence and states that the copyright will be assigned to them or whoever purchases the license
in perpetuity?

Also would you sign a contract that states that your net income shall mean gross receipts after the deduction of stuff like legal costs, administrative costs, promotional costs, etc?


----------



## SillyMidOn (Mar 17, 2016)

Perpetuity is quite common. There are some contracts in the US where there is a reversion clause, i.e. it would state that if the piece does not get used within a certain period, say 3 years, you can ask to have the piece back, but it usually then also states the exact time frame in which you can ask for that piece (so you have a short time frame once the 3 years is up when you can ask for it). I have never had to use this clause, thankfully.

Publishers usually deduct costs they incur, so artwork, mastering (if it is not done in-house), productions costs, orchestras, copyists etc - these can vary from publishers to publisher. There shouldn't really be any legal costs unless there is some sort of copyright infringement court case, but I think most contracts state that if there is a copyright infringement case you as the composer have to carry the costs (even though they own the piece), but that is a pretty easy one to avoid in the first place. I guess it would cost something to have the contracts drawn up, but that's a one-off cost to them.

If you are new to this it can all seem very daunting. My mantra would be, write loads, sign, forget about the piece, write the next one, forget about it etc... and don;t bother the library if they have placed anything yet - it drives them nuts, they really, really hate that. Then after a while the money starts coming in (as long as you are with the right publishers and the quality is high enough). Just write loads and loads of pieces.


----------



## Axiom (Mar 17, 2016)

Thanks for the great response SillyMidOn, yes I'm new to this so it does seem a bit daunting. I had a chat with a music lawyer the other day about this sort of stuff and he wasn't too keen on it, but I'm not sure if that just because he's a music a lawyer and he'd want the best terms possible or possibly I didn't give him enough information on the type of library it was.

The contract is from the US but I can't see anything about a reversion clause unfortunately.

Good to know about the cost deduction being standard practice, I really wasn't sure on that one. Thanks again!


----------



## SillyMidOn (Mar 17, 2016)

Joshua Szweda said:


> Thanks for the great response SillyMidOn, yes I'm new to this so it does seem a bit daunting. I had a chat with a music lawyer the other day about this sort of stuff and he wasn't too keen on it, but I'm not sure if that just because he's a music a lawyer and he'd want the best terms possible or possibly I didn't give him enough information on the type of library it was.
> 
> The contract is from the US but I can't see anything about a reversion clause unfortunately.
> 
> Good to know about the cost deduction being standard practice, I really wasn't sure on that one. Thanks again!


Make sure you get a 50/50 deal, though. If it's an online contract/pdf, you can pm me a link and I'm happy to have a look.


----------



## Daryl (Mar 17, 2016)

Be careful about Publisher deductions. There is a difference between recording costs "recoupment" and costs for running their business. Whilst there are many Publishers that recoup the costs of recording, and even producing albums (a practice which I abhor) all the rest should really be for them to pay for. If you pay for everything, then technically you own the recordings, so should get a much higher percentage. The way they get round this is by paying for it themselves, and then taking the money back from your future Royalties. If they're going to do this, I would also suggest trying to negotiate a small per track advance. You might as well get something up front, if you're not going to see any mechanicals for a while.


----------



## Axiom (Mar 17, 2016)

Yeah SillyMidOn the publishing is 50/50, with the writers share going to me.

I hadn't thought about an advance Daryl, I may have to see if they are open to this idea. Thank you both for the help.


----------



## SillyMidOn (Mar 18, 2016)

Joshua Szweda said:


> Yeah SillyMidOn the publishing is 50/50, with the writers share going to me.
> 
> I hadn't thought about an advance Daryl, I may have to see if they are open to this idea. Thank you both for the help.


If you are new to the library, tread lightly, as they can be touchy about these things, and advances are fairly rare in the library world.


----------



## Axiom (Mar 18, 2016)

Yeah I could imagine they would be. Im going to sign up for access on Music Library Report and see what sort of reviews they have before I make a decision.


----------



## SillyMidOn (Mar 18, 2016)

Joshua Szweda said:


> Yeah I could imagine they would be. Im going to sign up for access on Music Library Report and see what sort of reviews they have before I make a decision.


You can private message me the name of the library, if I have heard of them I can let you know what I know.

Music library report is not a bad site, but last time I checked, which is in fairness some time ago, the were loads of reviews for the "lower tier" libraries, and none/few for the really good ones, which means you get a bit of a skewed picture of reality. Reason being that anyone who gets into a good library, doesn't shout about it.


----------



## Axiom (Mar 18, 2016)

Ah I see, I'll dash you a pm.


----------



## gurucomposer (Sep 1, 2016)

Hi. What about libraries that are not in the US? How about European and Australian libraries. Do they also have reversion clauses or just perpetuity? Thank you.


----------



## doctornine (Sep 4, 2016)

I write for a lot of European and Australian libraries - I've yet to see reversion clause. Perpetuity is the norm for dealing with Exclusive's.


----------



## gurucomposer (Sep 4, 2016)

doctornine said:


> I write for a lot of European and Australian libraries - I've yet to see reversion clause. Perpetuity is the norm for dealing with Exclusive's.


OH I see. Well I already asked if they were okay with adding a reversion clause. Do you think it was okay to ask like that? Thank you for your response!


----------



## doctornine (Sep 9, 2016)

Sorry - delayed repy - but yes I guess it never hurts to ask.


----------



## Greg (Sep 9, 2016)

Hell no to both. Demand at most a 5 year term before you can take the publishing rights back. Also only accept 50% recoups on recording / mixing costs. The publisher should pay half out of pocket, it's fair.

It is so important that composers stick up for themselves and demand good contracts. We have no union so if terrible contracts become standard, the next generation is fucked.


----------



## doctornine (Sep 10, 2016)

Can I have my cake and eat it too ?


----------

