# How To Exclusively License Your Own Music



## tiago (Feb 2, 2018)

Hi folks!

I've just been asked to write an original track for a project and the developer wants the exclusive rights to it. I've never licensed my own music directly (only through libraries...), so I was wondering if any of you guys has some useful info on how to do this?

Any help is really appreciated! Cheers!


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## karelpsota (Feb 2, 2018)

I don't know the context.... but you're basically saying "adios" to the other potential placements it could get. (It also doesn't seem like you'll get royalties).

I would consider increasing the price to the thousands.

If it's too expensive for them, they will come back with a non-excl license.


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## chillbot (Feb 2, 2018)

Yes context would help.

If you are being commissioned to write a track, it is less likely you are licensing it to them and more likely that you are doing a work-for-hire contract. This is very common, at least it is in the US, and it means that you still retain 100% of the writer's royalties but whoever commissions the track becomes the publisher and gets 100% of the publishing royalties. Whoever is the publisher essentially 'owns' the track and can do whatever they'd like with it, including re-using it or re-selling it or licensing it out elsewhere. Though this is not all bad because wherever the track goes your writer's royalties still go with it.

But yes as Karel said you would get paid significantly more for this than you would for a track you are just licensing to them, even if it is an original track. I'm not sure about thousands (without context) but it doesn't hurt to ask.


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## gsilbers (Feb 2, 2018)

chillbot said:


> This is very common, at least it is in the US, and it means that you still retain 100% of the writer's royalties but whoever commissions the track becomes the publisher and gets 100% of the publishing royalties. .



Ive recently encountered a company that writes for specific shows and wants to keep half of the writer shares as well as all the publishing. And upfront is minimal if any.


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## chillbot (Feb 2, 2018)

gsilbers said:


> Ive recently encountered a company that writes for specific shows and wants to keep half of the writer shares as well as all the publishing. And upfront is minimal if any.


OOF.


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## Desire Inspires (Feb 2, 2018)

gsilbers said:


> Ive recently encountered a company that writes for specific shows and wants to keep half of the writer shares as well as all the publishing. And upfront is minimal if any.



Sign the deal!


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## gsilbers (Feb 2, 2018)

Desire Inspires said:


> Sign the deal!



would u do it?


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## TheKRock (Feb 2, 2018)

Writer's share is for the writers....end of story.


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## gsilbers (Feb 2, 2018)

TheKRock said:


> Writer's share is for the writers....end of story.




ok.. but but... to play devils advocate..
lets say you are guarantee to get 30 tracks placed in a cable tv show. one track a day sort of thing.
so in a month you got 30 tracks placed.

on the other hand, you make 30 tracks that you throw into one of these mega libraries albums... you know those.. the "cinematic tension cop show vol 4". that might get placements or not.. mostly not or one track here or there.

with those variables... would giving up half your writers share make it worth it?


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## gsilbers (Feb 2, 2018)

tiago said:


> Hi folks!
> 
> I've just been asked to write an original track for a project and the developer wants the exclusive rights to it. I've never licensed my own music directly (only through libraries...), so I was wondering if any of you guys has some useful info on how to do this?
> 
> Any help is really appreciated! Cheers!



i say do it. ask money upfront and also do a exclusive license that way you get publishing and writers share. 

try and get a contract for them so they make sure they can do whatever they want to with the track as long it belongs to that specific project/movie etc. (Many times happens the same company thinks its ok to use it for another project)
and also make sure it says they have to submit cue sheets.


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## chillbot (Feb 2, 2018)

gsilbers said:


> ok.. but but... to play devils advocate..
> lets say you are guarantee to get 30 tracks placed in a cable tv show. one track a day sort of thing.
> so in a month you got 30 tracks placed.
> 
> ...


It's always an interesting situation. I don't think anyone can answer that for anyone else. Can't say "I'd never" or "no one should ever" as everyone's situation is different.

I get the point you're making. Half of nothing is nothing. 50% of a guaranteed something is a lot more.

So let me argue the other side. At what point do you ask yourself, WHY am I making music? There are surely other jobs out there you could be doing? How much money do you want to make for other people, living off of your residuals?

Let's say someone offers you $10,000 per track and you get 0% of the writer's royalties. Would you take it? Most of us would. How about $1,000? How about $200 per track? Maybe? Why stop there, $50 per track? If you can spit out a track per hour or two..


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## Desire Inspires (Feb 2, 2018)

chillbot said:


> It's always an interesting situation. I don't think anyone can answer that for anyone else. Can't say "I'd never" or "no one should ever" as everyone's situation is different.
> 
> I get the point you're making. Half of nothing is nothing. 50% of a guaranteed something is a lot more.
> 
> ...



I just want to hum into my iPhone, upload it to a music library, and make $100,000 a year. Anybody can help out with that?


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## TheKRock (Feb 2, 2018)

gsilbers said:


> ok.. but but... to play devils advocate..
> lets say you are guarantee to get 30 tracks placed in a cable tv show. one track a day sort of thing.
> so in a month you got 30 tracks placed.
> 
> ...


I get what you're saying, I just feel that it devalues what we do even further. How about I let you play but you can only be on the team if I get to keep your ball and you have to give me one of your shoes as well? But I'll give you a sandwich and you get to play. Sooner or later we'll all get a quarter of a sandwich and be left with no balls and no shoes.


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## Desire Inspires (Feb 2, 2018)

TheKRock said:


> I get what you're saying, I just feel that it devalues what we do even further. How about I let you play but you can only be on the team if I get to keep your ball and you have to give me one of your shoes as well? But I'll give you a sandwich and you get to play. Sooner or later we'll all get a quarter of a sandwich and be left with no balls and no shoes.



But you still get to play, so what is the problem?

Value is a state of mind. One person’s gold is another person’s garbage.

Just be thankful to play!


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## muk (Feb 3, 2018)

gsilbers said:


> Ive recently encountered a company that writes for specific shows and wants to keep half of the writer shares as well as all the publishing. And upfront is minimal if any.



Tell them to kindly f*&/@ off. Or better yet, forget about the 'kindly'. There are enough desperate kids around who accept such unacceptable deals. It is unethical, and it devalues your craft. If you are fine with that, the more power to you. Or actually, the less, because you just started spiraling downwards. On a positive note:while there are libraries popping up offering deals like that, there are thousands and thousands of libraries getting huge placements _and _treating their writers well and offering fair deals. Of course you can accept each and every substandard deal offered to you, but I would suggest seeking out the good ones. Your choice.
To those thinking about giving away some of their writer's share: if you are with a PRO, closely read your contract with them first. Some explicitly forbid you to do that, like the PRS in the UK for example.


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## Daryl (Feb 3, 2018)

gsilbers said:


> ok.. but but... to play devils advocate..
> lets say you are guarantee to get 30 tracks placed in a cable tv show. one track a day sort of thing.
> so in a month you got 30 tracks placed.
> 
> ...


Nope, because, being a PRS member, not only is it illegal, but it is a slippery slope. That's also another reason why composers shouldn't use "ghosts".


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## Kony (Feb 3, 2018)

Christian Henson recently did a vlog about this....


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## GtrString (Feb 3, 2018)

There are direct licensing platforms for this, that can make it easy for you.

Check out License Quote, which has a free account option, and allows you to decide the licensing terms.

https://www.licensequote.com/


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## tiago (Feb 3, 2018)

Thank you all so much for your comments! Lot's of great info here already.  But my question was more about how I could license the rights to the customer... I mean, am I supposed to write a contract or something like that? And, if so, do you guys have any idea of what should I write in it?


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## gsilbers (Feb 3, 2018)

tiago said:


> Thank you all so much for your comments! Lot's of great info here already.  But my question was more about how I could license the rights to the customer... I mean, am I supposed to write a contract or something like that? And, if so, do you guys have any idea of what should I write in it?



i mentioned i little above. but there are templates you can use. most people say to use a lawyer and those poeple have the means or have a deal thats worth it. if you think the price is low enough to do it yourself then grab a template and modify it and we can help out. if you feel that youll be doing this more often then get a lawyer to draft a bunch of templates for you. 

a lot fo contracts will say the common stuff like licence in perpetuity or till the end of this universe's time or any other paralel univierses time and the territory is the universe or any other paralel universe and any earth like planets where the song might be played... and other stupid things like that. 
so no matter what it says, just make sure it does have the keypoints you want. keep publishing but client can sync it to anything related to the project forever and anywhere. keep writers and make sure they always turn in cue sheets. and obvious stuff like they cannot sell the music or master recording and so on. 

and its better that you give them the contract instead of them drafting one with a lawyer because the lawyer will say that the company needs to keep publishing. but if you come up and tell them nope, you can do whaetevrr you like as long its part of the same project, even if the movie gets bought by any disitributor or international agent etc etc. you can let them know so they have peace of mind that no matter what, and as long as the music is tied to that project they can do whatever they want with it. as long as they submit cue sheets. 

try to see it from their point of view. they want to make sure the investment they did with the movie can be later be used to make money. that means international distirbution rights. trailers and promos etc etc. do they need to make sure they can use that music for all of those purposes without any sort of legal issue. any sort of grey area legally or anything that might not let them know they cannot do those things they will absolutly freak out. thats one of the most nerve racking emails those poeple can get, is one related to some sort of legal issue with music, or contracts or anything. so you want to make sure they are very very confortable with your proposal and contract. that means talking over the phone and emails saying the music can be used for that project no matter what, even if it gets sold north korean nazis in mars. just to make sure that you keep publishing and writers share and they submit cue sheets and pay upfront if needed.


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## givemenoughrope (Feb 3, 2018)

Daryl said:


> Nope, because, being a PRS member, not only is it illegal, but it is a slippery slope. That's also another reason why composers shouldn't use "ghosts".



It's hard to imagine that the writer's share won't eventually be up for grabs in the U.S. as well unless it is outlawed. I'm an ASCAP member but I wonder if I (we all) should look into signing up for PRS as well.


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## GtrString (Feb 3, 2018)

tiago said:


> Thank you all so much for your comments! Lot's of great info here already.  But my question was more about how I could license the rights to the customer... I mean, am I supposed to write a contract or something like that? And, if so, do you guys have any idea of what should I write in it?



Through LicenseQuote you can offer them any licence you’d want, without the hassle of getting a lawyer ect., and the system even suggests pricing for you. And its free for 15 tracks.

Dont expect not to put in the work of understanding what you are doing, though. If you have absolutely no prerequisites, try getting some help from your PRO.


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## Daryl (Feb 4, 2018)

givemenoughrope said:


> It's hard to imagine that the writer's share won't eventually be up for grabs in the U.S. as well unless it is outlawed. I'm an ASCAP member but I wonder if I (we all) should look into signing up for PRS as well.


That ship has sailed. It already can be up for grabs. Work-for-hire. However, both ASCAP & BMI need to work as a team if they really want to look after their composers.


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