Any Qualified Online Resources For Advice On Publishing Contracts ?

[Quarterwave]

Hi,

I have a few songs that a publisher wants to publish and they have sent me a contract that I would like to have reviewed.

Being a stereotypical, working class musician, I don't have hundreds of spare dollars to have a lawyer look over the contract for me, and so I was wondering if anyone here might know of any credible (and affordable or free) resources that I could contact or visit that would be able to review the contract so that I don't sign all of the rights of these songs away (@ the moment, I own 100% of the copyright).

Any productive input is much appreciated.

[john]

Often musician's unions provide legal protection and advice. If you really can't afford a lawyer (can you really afford not to have an entertainments lawyer look at it?) then you should be able to get advice from them. Also possibly from some songwriter associations.

You might find some on Songstuff who would be wiling to cast their eye over it. If they do their comments will have heavy disclaimers and I am sure they will recommend that you consult a lawyer officially.

[panaka]

What publisher? If its something like tunecore, CDBaby, AWAL, etc. then I could definitely help you as I've already had about fifteen mainstream publisher's contracts gone over by a lawyer. If its a custom arrangement though, then you might want to look into a local lawyer and maybe attempt some form of bartering if you don't want to pay.

[Quarterwave]

What publisher? If its something like tunecore, CDBaby, AWAL, etc. then I could definitely help you as I've already had about fifteen mainstream publisher's contracts gone over by a lawyer. If its a custom arrangement though, then you might want to look into a local lawyer and maybe attempt some form of bartering if you don't want to pay.

Thanks for the response guys.

Panaka - it is just a single-song publishing agreement with an independent publisher in TN, but it is asking me to transfer all right, title and interest to the Publisher for the sun of $1.00, in return for 50% royalties on everything that is made from the song. In the event that it has not been commercially recorded in the next 3 years (which seems excessive to me) I have the right to re-claim the work.

Is this the standard type of contract for a new writer ? As I have written for many studios in the past for flat rates, but have since gone out on my own, and this is my first foray into this part of the music industry.

Thanks again for any help.

Edited March 14, 2012 by Quarterwave

[Quarterwave]

Wow. They're offering you a one dollar advance against royalties to have exclusive rights to your song for a minimum of three years. A whole dollar! Don't spend it all in one place. Oh wait, if it's not placed in those three years, it won't be your song again unless you exercise your right to "re-claim" the song then by giving them some kind of notice? Well, I'm sure after three years they'll still be in business and you'll have no problem at all tracing the trail of assignments that have been made during those three years and can track down who actually owns the song then and can give them a timely and valid notice in order to legally re-claim your song under the the terms of the contract, right? Congratulations!

Yes, very true, that's why I haven't signed it. I'm just trying to gauge what else is out there for new writers - as to me, there is merit in essentially giving a tune away if it will open new doors (I can write similar songs to the one's they want, all day long).

I'm already a published songwriter, but I did that when working for the Bee Gees, and now that I'm going on my own, I'm trying to build a name for myself, and part of doing things for myself, means learning all of the "business" stuff.

Thank for your input.

[john]

There is merit, yes, however if you are considering it you should think of it as a lever within this deal. i.e. you give that track away in order to gain better terms for subsequent songs all within the same deal. I wouldn't give away the track unless they do that. The worry is that they simply take that single track say thanks and then do the same with the next artist. There are lots of variables you can play with here including royalty percentage, moral rights, how long they retain those rights, what regions those rights apply to, how many songs they/you are tied together for, what they as publishers are expected to do in return and more.

The fact is that this is a situation where the publisher is trying to take advantage of your desire to be published, and your ability to create many such songs. By accepting such a deal yes it can open doors but it also sets out their stall regarding their entire relationship with you. ie don't wait until the deal is done to negotiate what happens with further tracks.

just my two cents

[Quarterwave]

Hi John,

Thank you for taking the time to post your message, as you raise some very valid and interesting points. I'm going to think about it for a few more days and then will most likely counter with what I'm looking for as I am not desperate to have this published - an American Idol finalist wants to track this tune already, so there's no point in rushing into anything....

[stormz]

Hello and thanks for letting be a member, looks like a good website to be with. Anyway, I have been trying to establish my own label "(A.S.C.I.) T.S". localy as an author and in the big picture to succeed. I have support for advertising, licensing, marketing, investing and could use some more publishing support. Who and what companies offer the best solutions and service. Please give insight., thanks. www.soundclick.com/toddstormz (I appreciate all the support I do have to mention, hope for more...)