I’ve written at length over the years about the pros and cons of signing exclusive deals. The very first deal I even signed was with an exclusive publisher, way back in 2002. My music made its
national television debut about three weeks after I signed the contract. It was really exciting and because my initial experience was so positive, I’ve been an advocate of these types of deals, under the right circumstances.
However, since then I’ve signed similar deals where things haven’t gone as well. I have a handful of songs that I feel very positive about that have
never been placed and have been tied up in an exclusive deal for over a year now. Things could always change and they could be placed at any moment, but it’s frustrating when you have songs you know are good enough to be making you money, but for reasons out of your control aren’t.
In today’s post I’m going to explore my thoughts on exclusive deals; when you should sign them, what to do if
you’re tied up in an exclusive deal that isn’t working out and my overall thoughts on the issue of signing exclusive deals vs non-exclusive ones.
The Publisher’s Perspective
Let’s start with the view that publishers, who require or encourage exclusivity, have. From the publisher’s perspective, there is an obvious upside to
signing music exclusively. For starters, it gives the publisher a catalog that is truly unique. If they have music that no one else has access to, this is obviously advantageous for a publisher. If a music supervisor can only get a song they really like from a specific publisher, it encourages them to do business with that publisher and it allows the publisher to, at least potentially, command a larger sync fee. It gives the exclusive publisher an advantage over other companies that
all have similar catalogs, with over-lapping titles.
The Songwriter’s Perspective
As a songwriter who is trying to make money from your music, you’re probably not too concerned with your publisher’s perspective. Sure, it makes sense to you, but you most likely want to simply maximize your chances for earning money in an industry
that is highly competitive and challenging. In other words, you get where they’re coming from, but like Jerry McGuire said, “show me the money”.
Look For Flexible Companies
I recently signed with a new company that requires exclusivity, but they’re very flexible in terms of the types of deals they offer. They do
single song deals and they’re willing to do short term deals, for as little as a year at a time. This is pretty much the only type of exclusive deal I’m willing to sign these days. I want to know that if things don’t work out after a reasonable period of time I can go elsewhere. I’m not interested in licensing my music five years from now. I want my songs to generate money now, or at least in the near future.
Be Strategic
I’m also not going to sign a lot of my songs exclusively to any single company. Different companies have different needs and gravitate towards different songs. For example if an exclusive company shows interest in a track that I’ve been pitching unsuccessfully on my own for a while, I’m much more open. My goal is to maximize my odds of each song I write and record getting
placed. I approach licensing, the same way investors approach investing in the stock market. In other words, I diversify. You never really know who is going to be able to license your music. I’ve seen companies I’ve never heard of come through with licensing deals for songs, and I’ve signed songs to other companies that I know of and am very familiar with and have seen nothing happen.
What To Do If Your Songs Are Tied Up In An Exclusive Deal
Most publishers I’ve worked with over the years have been pretty flexible. Although you probably won’t be able to change the terms of a contract you’ve already signed, not all hope is lost. For example, most publishers probably won’t have a problem with you shopping tracks you’ve signed with them directly to supervisors. Of course, you’ll
still have to share any money you earn according to the terms of the contract you signed, but you’ll be able to refer anyone who is interested in your material to your publisher who will handle the negotiating and paperwork. Check with your publisher before you do this, but in my experience most publishers are totally open to this.
The Bottom Line
The bottom line is you need to be strategic with your music in terms of what types of deals you sign. As a songwriter, your songs are your greatest asset, so be careful, but also be open to working with companies that are flexible and be diverse. If you have 50 songs, maybe sign 40 non exclusively and ten exclusively.
At the end of the day, publishers and
songwriters have the same goal, to make money from your music.
