1st Job - Legal advice needed

[Joko]

Hi all,

Since moving abroad and setting up studio I have landed my first project, it's small, but I would still like to do it properly.

Now, the job was landed through an acquaintance for a media company he works for. So it is a good chance for me to develop a sustainable working relationship here. You know the story.

I don't want to be too forward or anal in fear of driving them away as it is quite casual. The song piece is 3 minutes long, and will be used 'in 3 to 4 videos'. It is my own composition using guitar, kinda like a typical Apple or Google theme.

So my questions are -

1. Do I just sell them the song as if it were any typical merchandise transaction and let them do what they like with the song and use it as frequently as they like?

2. Or do I limit the usage and retain copyright on the piece/agree to a yearly renewal fee for using the piece, and if so, at what % of the original cost?

Any advice or links I should check out? Google didn't help me much so far..

Thanks a lot
Joko

[Facepalm]

Option 2.
110%

[Joko]

Any other more detailed input? Please help, I need to write an invoice asap and can't seem to find this info anywhere online.

[Roland]

Originally Posted by Joko

Hi all,

Since moving abroad and setting up studio I have landed my first project, it's small, but I would still like to do it properly.

Now, the job was landed through an acquaintance for a media company he works for. So it is a good chance for me to develop a sustainable working relationship here. You know the story.

I don't want to be too forward or anal in fear of driving them away as it is quite casual. The song piece is 3 minutes long, and will be used 'in 3 to 4 videos'. It is my own composition using guitar, kinda like a typical Apple or Google theme.

So my questions are -

1. Do I just sell them the song as if it were any typical merchandise transaction and let them do what they like with the song and use it as frequently as they like?

2. Or do I limit the usage and retain copyright on the piece/agree to a yearly renewal fee for using the piece, and if so, at what % of the original cost?

Any advice or links I should check out? Google didn't help me much so far..

Thanks a lot
Joko

It really does totally depend on the job. If it's for an advert with national TV screening, option 2 might be the way to go, if on the other hand it's a promo video for a local manufacturing company that just wants a bit of background music to go over their visuals, a fee for limited useage might be the right way to go. Obviously you have to specify some limits, if it is case two you might just retain the rights to the music and allow usage for specified projects on a once only fee. As with all composition work, there are fee's that are relevent for different types of work, mostly tied to the commercial value of said work.

Sorry for not being more specific, but I hope you get the gist.

[oldeanalogueguy]

Originally Posted by Joko

Any other more detailed input? Please help, I need to write an invoice asap and can't seem to find this info anywhere online.

you should not write an invoice without a contract and agreement first

what did you all agree to - if no agreement then no invoice

nothing? then send a proposal not an invoice
offer to sell whatever on some terms and see if they agree

you should read a book on music contracts instead of asking a bunch of non lawyers for legal advice

better yet - get a lawyer

[Joko]

Originally Posted by oldeanalogueguy

better yet - get a lawyer

Better yet, find a big pile of money.

[Roland]

Originally Posted by oldeanalogueguy

you should not write an invoice without a contract and agreement first

what did you all agree to - if no agreement then no invoice

nothing? then send a proposal not an invoice
offer to sell whatever on some terms and see if they agree

you should read a book on music contracts instead of asking a bunch of non lawyers for legal advice

better yet - get a lawyer

This is of course what everyone should do, however, legal advice will far outweigh any potential profit for most music rights on all but serious level projects. I've had several friends who have sold rights in the last couple of years at various levels from a £200 (perhaps a little less) to hundreds of thousands. If you are at the upper end, it would be likely you have a writing deal and any of the sizable companies will probably make sure you have legal representation or advise you to seek it, too many companies have been sued over "rip-off" deals and contracts and you being properly represented protects them as much as it does you.

At the other end of the scale, I've had friends who have been offered small amounts for "library", style, music, who have been scared by all the big, bad record company stories of old and have paid hundreds of pounds in music lawyer fee's, to protect them over a deal that isn't going to make them that.

A simple statement of what you are providing, for what use and for how much, and reserving the rights to yourself for any other form of exploitation is sufficient.

It might be a good analogy to look at a builders quote, they don't get a fancy lawyer to draw up a contract for refurbishing your kitchen, they rely on a quotation telling you what it will cost for the detailed work, (albeit, usually with a proviso for changes). If you were having a tower block constructed at Canary Wharf, I dare say that the legal contracts (and bills) would be considerable.

[12ax7]

Originally Posted by Joko

Better yet, find a big pile of money.

...So you mean BECOME a lawyer first?

.

[skylabfilmpop]

Not trying to be too snarky but this is a case of employing a simple license agreement, unless the media company is ASKING for a buyout. Frequently companies have their own boilerplate agreements for this so it would not hurt to first ask your contact there whether they do. If not Google "sync/master license agreement" for a cavalcade of boilerplate versions of this. Usually this states a) the name of the composition B) Who wrote it, c)who owns the writers and publishers shares of the publishing d) statement authorship/ownership by the licensor (you) e)term of the agreement f)to whom it will be licensed g)specific media in which it will be used h) venues in which that media will be displayed i) and amount of the license fee and to whom it will be paid.

I have licensed through both formal drawn out legalese documents and shorthand agreements that resemble a deal memo and ones that have been integrated into an invoice, the most informal of which BTW was executed by my attorney.

Considering that you may like to cultivate recurring business with this client, try to look and act professional. Seek out an entertainment attorney and hire them to make you a basic boilerplate license agreement, or hire them to execute the deal for you. It may blow a chunk of your fee for now but you will be able to reuse the doc in the future. Frequently people who are seeking music to use in their advertising know very little about licensing and sometimes get funny with agreements they don't understand, or are written in simulater lawer speak by a layman. If you don't understand it things go south quickly. Having an experienced person, and someone other than yourself, present and negotiate the agreement for you can ameliorate this and provide you with a fall guy if needed. "It was great working with you, sorry my attorney was such a hardass, I fired him BTW" Usually though licensing is pretty lo fi these days. fel free to PM me if you need any more help.

[oldeanalogueguy]

Originally Posted by Roland

It might be a good analogy to look at a builders quote, they don't get a fancy lawyer to draw up a contract for refurbishing your kitchen, they rely on a quotation telling you what it will cost for the detailed work, (albeit, usually with a proviso for changes). If you were having a tower block constructed at Canary Wharf, I dare say that the legal contracts (and bills) would be considerable.

the builders lawyers already gave them boilerplate to protect the builder

music companies lawyers have already given them boilerplate to screw over every wannabee noob and protect the music company

you cant negotiate unless you know what is important and what is in concrete. your lawyer shuold know. otherwise you are a sheep ready to be clipped.

[Roland]

Originally Posted by oldeanalogueguy

the builders lawyers already gave them boilerplate to protect the builder

music companies lawyers have already given them boilerplate to screw over every wannabee noob and protect the music company

you cant negotiate unless you know what is important and what is in concrete. your lawyer shuold know. otherwise you are a sheep ready to be clipped.

Look I'm not saying you can't get ripped off these days, of course you can. It still doesn't make sense to spend £1,000 to make £200. If a client doesn't pay the bill, or uses the music 8 times instead of 5, you could make a small claim. In terms of bigger companies, they are much more careful these days, they have to be, to many people prepared to go after them for huge amounts, and spending time in court defending claims is expensive fair deals protect them as much as you.

A friend of mine, signed to a major, had a fairly "spurious" claim made against a piece that he wrote, from not the writer, but a "rights" holder. His major label (and we are talking top 5 company here), didn't even want to get involved in going to court, they settled cash, for over £100,000. I know the piece it was, what piece the claiment was trying to sue over and the general rules that apply to this from a musicology standpoint, my friend should have been in the clear, but he couldn't get them to even get interested in going to court.

The music business has changed, profits are down, companies no longer have the money or are prepared to spend the money, developing careers of either writers or bands. Many have learnt that ripping off artists will cost them a lot more in the long run than paying a reasonable price and making their proffit.

Having worked with guy's making a few hundred a year, those making a few thousand and others who make a great deal more than that, you have to be sensible about keeping your costs, legal or otherwise, proportionate. By the looks of the original posters question, he's not talking that much for the use of the tracks, as long as he reserves his rights and just gives them simple limited rights for their need he should be more than fine.

[drBill]

Originally Posted by oldeanalogueguy

better yet - get a lawyer

Originally Posted by Joko

Better yet, find a big pile of money.

That was solid advice, yet you blow it off with a flip answer?

If you're going to be in BUSINESS, it takes money to be there. Your absolute best advice is to get a lawyer in this circumstance. I'm at a loss beyond that point. It's been said many times, the person who relies on the internet for legal advice paints himself a fool.

Do yourself the biggest favor you can and find an attorney who will work within your budget. They are out there.