BlueGuy
member
Joined: 30/04/03
Posts: 103
Loc: Sweden
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"Life of copyright" a reasonable term length in EDM contracts?
#921034 - 17/06/11 02:51 PM
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Hi everyone!
I have signed a couple of contracts for EDM singles where the
length of the term is defined as "Life of copyright". Now that's a pretty long time and
since I'm not that experienced when it comes to contract terms, I'm wondering, is this
just standard procedure?
I'm interested in a discussion/different views about
it: is it reasonable or what alternatives would there be? 10 years plus optional
extension? Or maybe lifetime is OK since the releases are digital nowadays and they won't
likely ever be "sold out" or out of stock.
Thanks for any views!
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ken long
Joined: 21/01/08
Posts: 4277
Loc: The Orient, East London
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#921037 - 17/06/11 03:00 PM
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I release singles also.
I usually work out a 1-2 year licensing agreement for
digital only, renegotiable after 2 years (usually stuff sells within a month and then
tails off into the sunset).
I also make sure I retain sync rights where I
can.
If the music is going to vinyl or CD, I may lend favour to the label.
In every case, I ask for an advance on digital sales upfront as I don't want the
hassle of asking for stats.
--------------------
I'm All Ears.
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Phil O
active member
Joined: 03/09/03
Posts: 1400
Loc: Scotland
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: ken long]
#921041 - 17/06/11 03:28 PM
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I agree with Ken. You should have a 'get out' and a 2 year break is not unreasonable. That
gives the label sufficient time to market the release and recoup.
Unless there
is a substantial upfront advance, I would avoid signing for life of copyright.
P
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BlueGuy
member
Joined: 30/04/03
Posts: 103
Loc: Sweden
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#921743 - 21/06/11 08:44 PM
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Thanks for the replies!
So if you have a deal that's renegotiable after 2
years, how does that work out in practice? If you don't renegotiate, suddenly your stuff
disappears from online stores? And if you have a lot of singles, that's gonna be a lot of
constant paperwork.
With today's streaming services and long tail-consumption
patterns, isn't 2 years actually a very short term?
What would you say is in
the ballpark of a "substantial" advance, when we're talking about smallish, digital-only,
EDM releases?
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ken long
Joined: 21/01/08
Posts: 4277
Loc: The Orient, East London
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#921758 - 21/06/11 09:55 PM
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Quote BlueGuy:
So if you
have a deal that's renegotiable after 2 years, how does that work out in practice? If you
don't renegotiate, suddenly your stuff disappears from online stores? And if you have a
lot of singles, that's gonna be a lot of constant paperwork.
I seldom renegotiate on digital. I just
make it a clause in the (unlikely) event that the track is picked up for sync and sales
start rolling back in. But yes, if you were unable to reach an agreement, they would have
to be pulled down. The label has the deal with the distributor in most cases - not the
artist.
Quote:
With
today's streaming services and long tail-consumption patterns, isn't 2 years actually a
very short term?
I'm not sure
what figures you are looking at but in dance music, 2 years is a lifetime. It's a fickle
genre, constantly following trends. Even if you do write a hit (ie big in the clubs,
circuits), chances are sales will tail off as quick as the next press cycle. The real
money in dance music is doing the DJ circuits and getting choice remixes off the back of
your release.
Quote:
What would you say is in the ballpark of a "substantial" advance, when we're talking
about smallish, digital-only, EDM releases?
For digital only EP, I'd be looking between £200 and £300. For
vinyl, I'd ask for less as they will need more time to recoup their investment. You
can't ever sell yourself short. If the label is interested, then someone else will be
too.
--------------------
I'm All Ears.
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Phil O
active member
Joined: 03/09/03
Posts: 1400
Loc: Scotland
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: ken long]
#921769 - 21/06/11 10:44 PM
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You don't necessarily need to renegotiate after 2 years. Just a 'get out clause'. Words to
the effect that the contract runs say, for 2 years but can be terminated by either party
after that time. This allows you to take it elsewhere if the label are not getting results
quite often the case if there's insufficient promo going into the release.
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BlueGuy
member
Joined: 30/04/03
Posts: 103
Loc: Sweden
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#921851 - 22/06/11 12:23 PM
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Thanks, I really appreciate your input! I have a really hard time judging
whether the terms offered are alright and I am very unsure about how much I *should*
negotiate. Excuse me if I sound confused or mix things up.  Would you accept lifetime of copyright with the following terms for a small, digital,
EDM release? - exclusive agreement - 50% of sales - publishing with
75% mech & sync to me - $100 advance The label seems to be good
on promotion. Should I insist on adding a mutual "get-out" clause in 2-5 years as
a backup? I'm a bit afraid the label will consider me "difficult", but maybe such a clause
is standard procedure? Obviously, if both parties are happy with how things
work, then the "get-out" clause would remain unused. Thanks again!
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Phil O
active member
Joined: 03/09/03
Posts: 1400
Loc: Scotland
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#921859 - 22/06/11 12:54 PM
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Personally, yes, I would opt for a get out clause particularly as you're being asked to
give up exclusivity forever.
It all depends on how important this deal and the
song are to you.Worst case scenario - the release flops and the label do not recoup. You
have effectively sold the song for 100 bucks.How would you feel about that?
Flip side, some producers take the stance that it's only 1 song and they can write more
easily.
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BlueGuy
member
Joined: 30/04/03
Posts: 103
Loc: Sweden
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Re: "Life of copyright" a reasonable term length in EDM contracts?
[Re: BlueGuy]
#922468 - 25/06/11 10:36 AM
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Interesting points, now I have some more to think about. Thanks Phil & Ken!
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