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Still mine to sign?
Old 1st December 2018
  #1
Here for the gear
 
JDatkinson's Avatar
Still mine to sign?

Question: If I direct license some custom music to a client, and continue to retain all rights to my tracks, is it still possible for me to sign those to an exclusive deal with a library? Or does it depend on the library's contract?
Old 1st December 2018
  #2
Gear Head
 

I'm not a lawyer, but in my opinion, no.

It won't be possible because the publisher would have the legal right to sue the artist for using their (formerly yours) song without paying for a fee. The artist would then claim he had already payed for using your song, and he would be well within his rights. Long story short, the publisher would thus conclude to a breach of contract insofar as you would have claimed on an official document that you had accepted to transfer them 100% of the rights of the song, which was technically not possible.

A good practice would therefore be to sign the song to a publisher, and then to introduce the artist to the publisher. Also, you could take advantage of this easy deal to negotiate a better deal with the publisher
Old 1st December 2018
  #3
Lives for gear
 
Amber's Avatar
 

Depends on the library. I have done this with an exclusive library. Two different ones infact.

Not sure what Donedeal0 is talking about an artist for. That case may be different.
Old 1st December 2018
  #4
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clump's Avatar
 

Quote:
Originally Posted by Amber View Post
Depends on the library. I have done this with an exclusive library. Two different ones infact.

Not sure what Donedeal0 is talking about an artist for. That case may be different.
You've signed the same songs to two individual libraries? In an 'exclusive' agreement?
Old 1st December 2018
  #5
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Amber's Avatar
 

Quote:
Originally Posted by clump View Post
You've signed the same songs to two individual libraries? In an 'exclusive' agreement?
That's not what I said.

I've direct licensed a track to a client/director then signed the same track/s with an exclusive library. They said as long as it's before I signed the track over it's fine.

I signed a whole score I kept writer/publishing over to an exclusive library who have gone on to license it for adverts, docs etc.
Old 1st December 2018
  #6
Lives for gear
 
clump's Avatar
 

Quote:
Originally Posted by Amber View Post
That's not what I said.

I've direct licensed a track to a client/director then signed the same track/s with an exclusive library. They said as long as it's before I signed the track over it's fine.

I signed a whole score I kept writer/publishing over to an exclusive library who have gone on to license it for adverts, docs etc.
Sorry, I didn't intend to sound facetious, I was just wanting to clarify.....Thanks
Old 1st December 2018
  #7
Lives for gear
 
Amber's Avatar
 

Quote:
Originally Posted by clump View Post
Sorry, I didn't intend to sound facetious, I was just wanting to clarify.....Thanks
Didn't think you did! Hard to judge tone over the internet! I read back some stuff and realise I come across a bit hard and never mean to.
Old 1st December 2018
  #8
Lives for gear
 
clump's Avatar
 

I always sound like a pompous twat.....I'll have to start putting 'Smilies' in between every sentence........
Old 1st December 2018
  #9
Here for the gear
 
JDatkinson's Avatar
Let me clarify my OP a little... I will not be signing away my copyright to the exclusive library. Just the right to "exclusively" shop the tracks.
Old 1st December 2018
  #10
Gear Head
 

Quote:
Originally Posted by JDatkinson View Post
Let me clarify my OP a little... I will not be signing away my copyright to the exclusive library. Just the right to "exclusively" shop the tracks.
Then it is an exclusive sub-publishing deal, not an exclusive publishing deal. In such a case, it is fine. However, inform the company of any previous deals related to the song in order to avoid any potential issue. Good business is clear & square business.
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