[Looking for advice] Selling music/rights of use?

[gluttonousangel.livejournal.com]

This is my first time doing something like this, so I'm a bit nervous, haha. I'm currently in talks with someone on YouTube over providing them with music for their videos and I'm going to be getting paid for my work. I've never sold music before, so I'm trying to work out how best to benefit from the arrangement and how to protect myself, profit and rights wise.

This is what we're currently negotiating;

• Payment is a one-off song-by-song basis, with full rights for use and editing transferred to the client, with the agreement that I receive credit for my work and the client receives sole profit from their ad revenue (agreed on)


• However, if the client wanted to sell the songs in a soundtrack bundle, the profit would be split between the two of us (just suggested this; waiting to hear back from the client)

I'm also going to ask them to sign a contract, once we've agreed on everything and keeping a few physical and online copies of it, just to cover my ass, so to speak.

Is there anything else I need to do to cover myself and best protect my assess or am I doing okay?

Comments

[saxxonpike]

I realize this is a bit late. But as someone who has negotiated contracts with a number of clients, there are a couple things you should know. I want to preface this with a clear fact: I'm not a lawyer, and if you are unsure (and it's worth your time/money) you should always consult one for the best results.

- Get it on paper, signed by all parties.
- Be sure to clarify if it is exclusive or non-exclusive. If they are paying you for work you did yourself unrelated to the project, non-exclusive is reasonable. If you did the work for the project, I could understand they would want exclusive rights.
- Clarify how long the deal is effective. Lifetime? Duration that the video is available? Etc.
- Clarify SPECIFICALLY for what the songs are for. One video? A series? Unlimited use?
- Be careful about the terminology used. Transferring your rights means handing control over them. Granting them means you are allowing the client the rights in a way that you still retain control of them.
- Get it on paper, signed by all parties.

Supplemental research that is good for business, but not really required:

- Find out who else they have dealt with for music, if any. Contact that person and ask them if your client was pleasant to deal with. DO NOT ask them about ANY details about THEIR contract(s).

[hallwaycredenza.livejournal.com]

I'm not a lawyer however yes, you should always have a contract. It doesn't have to be fancy or elaborate but everything should be laid out in writing and signed, no matter how small the project.

You also need to be sure to specify they have non-exclusive rights to your work. That way you are still free to use/sell the material for other projects. Unless you are giving them an exclusive in which case you need to set a term limit for exclusive rights, usually by time, such as for two years from the signing date.

Good luck!

[hanabikun.livejournal.com]

OK awesome I can answer this one since I have a degree in this exact problem!

First off what exactly are you creating in this musical work? Lyrics, actual music compilation, editing..what? Need specifics. Also you WILL need a contract of some sort.

As for the second thing you are asking for: Half is actually too much depending on what you are doing as listed above UNLESS they are selling solely your music and not their video with it which then would mean they have no rights to that at all.

I actually need more details on this to give you specifics