Exclusive Vs Non Exclusive Contracts
Published: Thu, 12/11/08
Hello ,
Lately I've been getting a lot of emails from people regarding the issue of signing exclusive vs non exclusive contracts with music publishers. In today's newsletter I thought I'd address this issue and give you my own personal thoughts on the subject.
First of all it's important to understand that any given song can only have one publisher that represents it at a given time. It's either going to be you, or it's going to be a third party in the event that you sign away your publishing rights to someone else.
A lot of writers are understandably reluctant to sign exclusive contracts with publishers. I can understand and relate to this reluctance, but to fully appreciate the issue it's important to consider the point of view and the role of the music publisher in the context of music licensing.
Music publishers make their living by developing relationships with music supervisors, ad agencies and the like, as well as the songwriters whose music they represent. Based on my own recent personal experiences with my new music marketing company I can assure you that this is very hard and competitive work. In order for successful music publishing companies to make a name for themselves, they like to have a unique catalog to present to the licensing community. If all catalogs were the same there would be no incentive for someone to do business with one publisher vs another.
The analogy I often make is that it's similar to the way music retailers operate with the manufacturers they represent. There are geographic restrictions that allow music retailers to carry instruments and equipment that can't be found within a certain proximity to a retailer's location. It's the same principle at work. If you could simply walk into any one of a dozen stores in the same town and find the exact same type of gear there would be little incentive to do business with one store over another and retailers would have much less leverage in the marketplace.
So the question remains. Should you or shouldn't you sign exclusive contracts? I always advise writers to assess several factors when making a decision. First of all, what other offers do you have on the table? And secondly, if you are offered an exclusive contract, what is the track record of the company that is offering you the deal? Are they a fairly new company with few credits or are they an established company with a verifiable track record of placing music in TV, Film, etc.? If the latter is the case it would probably make sense to take a chance and sign a couple of your songs. You can always negotiate for a contract that releases the publishing rights back to you after a finite period of time. For example, one to two years. Also keep in mind that if you are a prolific writer, and you should be if you're pursuing licensing opportunities you will always be writing new material that you can place with other companies as well.
Since the holidays are approaching and since apparently the economy is going through a bit of a slump, I´ve decided to offer a discount on ALL my products from now until December 25th. If you´re interested in learning how to license your music you'll never find a better time than now. Currently when you buy my comprehensive program on music licensing, The A-Z Of Music Licensing, you'll also receive a free copy that you can send to the musician friend of your choice. Kill two birds with one stone by educating yourself about the music business, as well as crossing off another name on your gift list.
Over a year ago I created a one of a kind program that teaches musicians, in a step by step fashion, how to license their music for use in TV, Films and even Video Games. This program took me several months to develop and is based on my own personal experiences of licensing my own music for the last six years. My program is called The A-Z Of Music Licensing and it includes EVERYTHING you need to know to begin the process of successfully licensing your music. It even includes a directory of contact information for the music licensing industry so you'll know who to contact. The program is a digital product that contains both an audio and PDF portion. I also offer the program with additional email coaching if you feel like you need extra support in getting started. My service, to the best of my knowledge, is the only service of its´ kind for musicians interested in entering into this exciting business.
The A-Z Of Music Licensing - From now until December 25th when you purchase The A-Z Of Music Licensing at the regular price of only $40.00 you also get a free version to send as a gift to one of your fellow musician friends. Don´t horde the knowledge you´re learning, help others learn about the industry too! This program makes a great gift for other musicians. If you´re in a band this would be a great way to educate the whole band about music licensing. After you´ve purchased the program I´ll send you a special link and password that you can send to one other person so that they can access the program too.
Buy One A-Z Of Music Licensing and get one Free here.
The A-Z Of Music Licensing Online Edition With Email Coaching This is my newest package and I´m currently offering this package for close to twenty dollars off of the regular price. It features my program, The A-Z Of Music Licensing in an online format bundled with additional coaching via email. The A-Z Of Music Licensing is a comprehensive program that covers in detail EVERYTHING you need to know to start successfully licensing your music. This package also includes additional email support. After you review the material I'll work with you via email to go over any questions you have and help you implement a strategy for going forward that is tailored to your own unique situation. The A-Z Of Music Licensing With Email Coaching - Buy One Get One Free- Want to get a friend my program with email coaching as a gift? When you purchase The A-Z Of Music Licensing with email coaching at the regular price of $68.00 between now and December 25th you´ll also get a copy to send to one of your musician friends. This works the same way, after you purchase the program I´ll send you a special gift link you can send to the person of your choice. Buy The A-Z Of Music Licensing With Email Coaching (Buy One Get One Free) Here!The 2008 TV/Film Music Industry Directory- And finally I also offer the comprehensive 2008 TV/Film Music Industry Directory by itself. This directory includes a list of over 130 Music Supervisor, Music Publisher, Music Libraries and more all in the business of licensing music for use in TV, Film and Video Games. Get the directory here. Only $19.99 (normally $24.99) between now and December 25th. Includes free updates for life!!Happy Holidays and Happy Songwriting!
Aaron Davison
Aaron Davison
PS - You can now follow me on Twitter - visit www.twitter.com/musiclicensing to sign up!