#1
does anyone have any experience with contracts? we've been approached by a tv producer to have a couple of our songs used for a live event and tv show in china.

The contract reads like this

"This document will serve to confirm the basic points of our agreement with respect to the master synchronization and license rights to be granted by Hope Against hope (Licensor) to Productions, LLC (Licensee) in connection with the television program entitled “XXXXX” (hereinafter referred to as the “show&rdquo.

Song Name:
Performed By:
Song Author:
Publishing Company:
Union Affiliation:
Label:

Territory: Worldwide Television, Video, DVD, Internet, Theatrical, and all distribution platforms created in connection with the television program entitled “XXXXX” in the future.

Term: Perpetuity

Nature of use: One background or theme use; not to exceed the full length of the master composition.

License Fee: Free. The Licensor shall retain all of the applicable publishing rights for the music licensed. The Licensee shall create an accurate music cue sheet and shall deliver such materials to all distributors of the Show. The licensor shall be entitled to receive all royalties available in connection with the used of said licensed music.

AGREED AND ACCEPTED AGREED AND ACCEPTED"


ok, so we wont be getting paid for when they use it? I'm fine with that. But we retain all rights and can basically do whatever else it is we want with our music right?


cheers
#2
Quote by FuzzyBear

License Fee: Free. The Licensor shall retain all of the applicable publishing rights for the music licensed. The Licensee shall create an accurate music cue sheet and shall deliver such materials to all distributors of the Show. The licensor shall be entitled to receive all royalties available in connection with the used of said licensed music.


I dont know much about contracts, but I'm pretty sure you're getting ****ed considering you're basically giving the song to the person giving you the license. Assuming I'm getting the termanology right.
#4
You definitely should be getting paid. Do not skimp on this, consult with a music lawyer.

...modes and scales are still useless.


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#5
Get a laywer to look at this. Its really the only way to make sure you know what this all entails
#6
Quote by FuzzyBear
meh, we might be getting ****ed but then we only have 100 likes on fb and have all our music available for free download. I figure people hearing it and being credited is fair trade for no monies?

If that's how low you want to go, then that's you're choice. However, most musicians would find this a textbook example of horrible contract conditions. Fact of the matter is that while you may be legally credited, you will most likely not be credited on screen. I think you should absolutely pursue a performance based royalty or at least a lump sum, regardless of how little known you are.

...modes and scales are still useless.


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#7
Well you retain all rights to the songs and royalties, but I'd really get a lawyer if you want to find out everything it means.
And no, Guitar Hero will not help. Even on expert. Really.
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#8
Quote by AlanHB
Well you retain all rights to the songs and royalties, but I'd really get a lawyer if you want to find out everything it means.


+1

A syncronization licence is required to use a copyrighted piece of music in conjunction with another media source (ie. television, etc) Your music is, in effect, being syncronized to the television show or whatever it is.

Curiously, they have asked to use the song (which is what a synchronization licence is for), but have not asked for permission to use the master recording - at least not directly. Make of that what you will.

Synchronization fees are entirely negotiable, and are dependent entirely upon the budget of the production. Here is a good article on that:

http://musicmedianetwork.com/diy-publishing.html

(Chris Taylor is one of Canada's leading entertainment lawyers)

So, the fact that they are not offering you a fee for the use of the composition is really neither here nor there, depending on their budget, but given that your band is not a house-hold name or anything.

They ARE allowing you all applicable royalties. It is unclear what that means, though. If your song gets played on commercial radio or as part of a television program that the network produces (like one of my songs got used as backing music for a television station's traffic report), then you get royalties. They are music users, and you are a music provider.

However, in the case of a pre-produced television program, my guess is that the TV station pays for the use of the television program, and the producers of the television program are the music users, not the network. In that case, it would be assumed by the network that the music fees have been covered by the producers of the program. The most common vehicle for this is synchronization licensing.

In short, royalties payable for this venture could well equal squat.

It doesn't look like what they are offering is unreasonable (unless they have a million dollar budget or something....) or will screw you over in any way. On the other hand, you don't really have much to gain from it. I mean, the odds of some person in China saying, "Ah, who is that band? I have to go buy their CD" is pretty far-fetched.

If it was me, I would ask for *some* sort of a licencing fee.

Here is another informative article:

http://www.cifvf.ca/English/cifvf_resources_synchronization_master_licences.html

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.