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pettah93 23rd May 2020 02:38 PM

Additional usage rights - advice
 
Hi everyone!

I have recently written music for a TV commercial, and I just got contacted by the ad agency that their client asked about the rights for potential usage of the same music in other future projects.
How would you go about this? Would you charge extra per new project? Would you charge a one off sum for them to get usage rights for all future projects? Would you give them the rights without charge?
Or is a deal like: Full rights for internal usage, but a fee for future commercial projects good? What is reasonable?

I am not sure what is common practice here since I am quite new to this.

Thank you very much for your help!

jazz4 23rd May 2020 04:22 PM

Are the future projects different commercials and/or different territories?

I had something similar where I scored a cinema ad that was then shown abroad but I stipulated in the contract that they would have to “re-license” it from me in those instances.

I’m not 100% sure if there’s a common practice but I wouldn’t feel comfortable with a flat fee if they’re going to use it over and over again for varying projects of size/territory.

pettah93 23rd May 2020 06:30 PM

Quote:

Originally Posted by jazz4 (Post 14756209)
Are the future projects different commercials and/or different territories?

I had something similar where I scored a cinema ad that was then shown abroad but I stipulated in the contract that they would have to “re-license” it from me in those instances.

I’m not 100% sure if there’s a common practice but I wouldn’t feel comfortable with a flat fee if they’re going to use it over and over again for varying projects of size/territory.

Thank you! They haven't specified anything, just shown interest. But I am guessing reusing the music for social media related stuff, maybe another TV ad later on.

Jeff Hayat 24th May 2020 11:23 PM

Quote:

Originally Posted by jazz4 (Post 14756209)
Are the future projects different commercials and/or different territories?

I would ask the same.

Quote:

Originally Posted by jazz4 (Post 14756209)
...I wouldn’t feel comfortable with a flat fee if they’re going to use it over and over again for varying projects of size/territory.

I agree. There should be a per project fee.

their client asked about the rights for potential usage of the same music in other future projects.

New/diff project = another sync fee. If the media, territory and duration are the same as the initial project, the sync fee should be the same. If they ask for a break, consider giving it to them, as long as a) it's no too much, and b) they know you are giving them a break b/c you have done business together before. This is key; it makes no sense to give someone a lower rate, if they can't appreciate why the rate is lower. Oh, and don't offer a break; let them ask for one.

If the media, territory and duration are not the same as the initial project, then work your way down from there - but def command a per project fee.

Cheers.

pettah93 25th May 2020 02:00 PM

Quote:

Originally Posted by Jeff Hayat (Post 14759338)
I would ask the same.



I agree. There should be a per project fee.

their client asked about the rights for potential usage of the same music in other future projects.

New/diff project = another sync fee. If the media, territory and duration are the same as the initial project, the sync fee should be the same. If they ask for a break, consider giving it to them, as long as a) it's no too much, and b) they know you are giving them a break b/c you have done business together before. This is key; it makes no sense to give someone a lower rate, if they can't appreciate why the rate is lower. Oh, and don't offer a break; let them ask for one.

If the media, territory and duration are not the same as the initial project, then work your way down from there - but def command a per project fee.

Cheers.

Thank you Jeff! That sounds great! Now I can get back to them with some confidence :)