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#212390 09/04/06 05:28 AM
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I had a release concert a couple of weeks ago for my first CD, and since then I've been asked by 2 organizations if they can use one of my songs for background music for a video/dvd.

How do I handle this? One is a DVD for an adoption agency, that they show to prospective adoptive parents I think. They want to use an instrumental cut off my CD.

I want to say yes, but should I write up a letter giving permission??? Should I ask them to put a credit in the corner at the beginning of the DVD???

I didn't expect this, and I am clueless....I'd appreciate advice from someone! [Linked Image] Thank you!! --Jean

#212391 09/04/06 12:15 PM
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Hi All,
Crongrats in getting your music noticed. I would have them write up exactly what they will use the music for. They may not be very well versed in writing up a description so you may have to help them.

If it is for a DVD I would ask how many copies they will manufacture and limit it to that amount in the agreement. Also I would put in the agreement that the music is restricted to that use and no other uses are licensed in this agreement. Make it specific as possible. If you are granting free use of the music state that also in the agreement. You may need an attorney to write up the agreement. If so have them pay those fees, if any. Good luck!


Ray E. Strode
#212393 09/06/06 04:47 AM
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Thank you, Ray & niteshift. I appreciate the help! --Jean

#212394 09/06/06 12:21 PM
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Jean,

Don't give away the store here, an adoption agency may make a lot of money, get them to let you adopt some.

Mike

------------------
You have to practice improvisation. -Art Tatum

Mike Dunbar Music


You've got to know your limitations. I don't know what your limitations are. I found out what mine were when I was twelve. I found out that there weren't too many limitations, if I did it my way. -Johnny Cash

It's only music.
-niteshift

Mike Dunbar Music

#212395 09/06/06 03:31 PM
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Ray and Mike both make good points. Ray explained a rational way (including an attorney) to handle it. Mike also made a valid point. The agency not only doesn't work free (these aren't really "philanthropists" they make a TON of money and they don't do any of it for free, unless it's something out of the ordinary here) but they are VERY well paid. Giving you a reasonable mechanical or blanket fee shouldn't be out of the question. I understand you want to get your music "out there" and the decision is yours in the end. But don't automatically think "oh.. it's adoption.. let's give it away" because it may not have to be that way.

Also keep in mind they could be savvy or they could be clueless. Be very positive and upbeat (i.e. don't scare them away) but find out if they intend to pay anything, if the people making the DVD are getting paid (if they're using a separate company to do it, you can bet they ARE getting paid meaning your fees would come out of their fees) etc. If you decide you want it used if even for free, then make sure you have an agreement that outlines the exact use so that it doesn't expand beyond that. That's just good business and record keeping for both sides. And they should at least pay a reasonable attorney fee (if they are using it for free) to have an aggreement drawn up. If they aren't even willing to do that then you should think long and hard about it all.

Brian


Brian Austin Whitney
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"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney

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"Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
#212396 09/06/06 06:42 PM
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I probably botched it, but I decided to just give them a letter of permission, asking that they put a credit in the corner of the screen on the DVD, for at least the first part of the slide show.

It's a not-for-profit, they are just using part of my song, it's an instrumental arrangement of a public domain song, and the DVD is shown to local churches of one denomination as part of a presentation on adoption.

It seemed like they were going to use it regardless, or find something else. I doubt anybody will pay attention to the background music, but hopefully the credit will be there just in case. I've asked for a copy for me, just to encourage them to put that credit in.

I probably messed up, but that is how I learn. [Linked Image]

The other tentative offer I have is a different story. They want a whole song at least, one that is sung (the words go perfectly with their mission), and it sounds like a well-produced thing that will be widely distributed. It's a non-profit, too, but more of a big deal. I am keeping all this info for that offer. Not sure I'll get a lawyer, but at least a written contract and some compensation is in order, I think.

I've had a third offer, for that same song, to be a sort of theme for a national organization, because they also think the words represent what they do.

The thing is, I will have to hurry up and record the thing, because these people heard it at my CD release concert, and it was one of my newer songs that I haven't recorded yet.

Yeah, I'm feeling a little like I'm running behind the train at the moment. [Linked Image]

Thank you all so much for the much-needed and valuable advice! I'm taking it...maybe not on the first offer, but don't yell at me too bad, I had to make a quick decision there, before I got all your responses.

THANK YOU!!! You guys are so helpful, it's unbelievable!! --Jean, clueless in St. Loulis

#212397 09/06/06 08:38 PM
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JL,
I don't think you are "clueless" anymore and everyone has to start somehow, somewhere and with their first song or soundtrack, so contratulations on that! [Linked Image]

In the last year, since about November 2005, I've been learning about publishing my own music. It's not that hard to learn and there are some good services around the web that can help indie artists and new "self-published" publishers get a start with licening their music for various uses in the media industry, the most popular being synch rights licensing, though there are also other forms of music licensing available.

Some trustworthy options I've found include:
CD Baby, PumpAudio, SongCatalog and Magnatune. They all use a different approach and unique business model, but the "common denonminator" between them is that they are very indie friendly and can help the "little guy" get started with some music licensing experience and sales on a non-exlcusive basis.

Here's a summary these based on my research and some first hand experience.
-----
CD Baby
http://cdbaby.net/dd-sync
Any CD Baby artist that has at least one CD on file can opt-in for sync rights licensing. They work with different catalogs and services in the the industry, such as PumpAudio. If you aren't too picky, they can get your music into all kinds of projects you may have otherwise never heard of. CD Baby takes a 9% cut, and while the licensing services may also take up to 50%, there's no up-front fees, so if you get enough deals going it could really be worth it.

SongCatalog
http://musicnet.songcatalog.com/info/
They say "connect, be heard, get licensed".
I've spoken with them and they wanted me to join, but they charge an annual fee plus take a 25% commission on all deals made through their service. One of our mentors, Joey Arreguin, has gotten good results by working with them. As a composer/producer, he has enough material to make his investment pay off.

Magnatune
http://magnatune.com/info/musicians
They go 50/50 on all record and licensing sales while letting artist keep their own publishing. Though non-exlcusive, they like to work on a 5 year commitment to give them time to build up the sales and get a return on their investment in promoting you. They don't charge any fees to the artists, so it's a straight split deal on sales & licensing. They are a bit more exclusive in the sense that all music is pre-screened and they only accept about 2 artists per 100 submissions. Magnatune is partnering with CD Baby to get their whole catalog into digital distribution through services like iTunes and Rhapsody, etc.

PumpAudio
http://www.pumpaudio.com/artists/index.php
They share all licensing sales 50/50 with the artists, composers and songwriters, etc. They are now partnering with CD Baby to get more songwriters and music involved in their catalog. The service is "free" as there are no upfront fees or membership costs.

SoundClick
http://www.soundclick.com/docs/licenseStandardtext.cfm
SoundClick is now offering a new licensing "interface" that allows artists to optionally license any of their tracks directly to buyers (licensees) and keep 100% of their sales. Currently the most popular uses are for freestyles over beats, sampling and remixing, but they will probably add more license types later as this new service evolves. You can set your own pricing within Soundclick's suggested price range and add extra wording to address different licensing scenarios as needed. They say: "You have to arrange payment and delivery of the song. A standard way is to offer a PayPal account to receive payment."
-----

Overall CD Baby and PumpAudio are probably the most accessible for artists to get started with. CD Baby charges $35.00 to get your CD uploaded to start with digital distribution and sync licensing sales.

Larger publishers and producers may want to work with SongCatalog for it's unique online features and focus on working with the advertising industry.

Then there's Taxi, but they leave the actual licensing up to the artists to work out direclty with their buyers or Licensees. As you know, Taxi only charges a flat fee per year plus $5.00 per song for the submission process.

Some artists will only work with one or two licensing services, while others may experiment with all of them to discover for themselves which service(s) will help them the most.

Cheers! [Linked Image]
Michael

------------------
The OUTLOOK may often appear bleak, but the UPLOOK is always bright!
Michael Borges
Praiseworthy Productions


[This message has been edited by Michael Borges (edited 09-12-2006).]


There's nothing remarkable about it. All one has to do is hit the right keys at the right time and the instrument plays itself. -- Johann Sebastian Bach

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#212398 09/07/06 02:10 AM
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Thank you, Michael!!! --Jean

#212399 09/08/06 01:54 AM
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Hector, this is the wrong forum for your post. Post at one of the lyric forums, scroll down to lyric, lyric 2, or lyric 3.

Mike


------------------
You have to practice improvisation. -Art Tatum

Mike Dunbar Music


You've got to know your limitations. I don't know what your limitations are. I found out what mine were when I was twelve. I found out that there weren't too many limitations, if I did it my way. -Johnny Cash

It's only music.
-niteshift

Mike Dunbar Music

#212400 09/09/06 12:46 PM
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For the record we (JPF) do NOT endorse Audiosparx. Period.


Brian Austin Whitney
Founder
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jpfolkspro@gmail.com
Skype: Brian Austin Whitney
Facebook: www.facebook.com/justplainfolks

"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney

"It's easier to be the bigger man when you actually are..." -Brian Austin Whitney

"Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
#212401 09/10/06 12:48 AM
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Jean, it sounds like you need some version of a synch license and master-use license. Synch license for the song, master use license for the recording. Do a search through here on film/tv usage of music, there was recently a pretty extensive discussion. (I'll see if I can find the link for you...)

The added twist when doing a DVD (as opposed to a film or TV show) is that they are reproducing copies, much like making a CD. So the mechanical license also comes into play... I.e., how much do they pay you per copy, if anything? Or do they pay you a single fee for as many copies as they want? (Or, perhaps, "up to" a certain number of copies, then another fee for the next level, etc.)

As somebody mentioned, everything is negotiable, including taking no fee at all, if that's what you want to do. But if you find the discussion on synch and master rights, that will point you in the right direction.

Congrats on all the attention!! You must be doing something right. [Linked Image]

--- Ed


------------------
http://www.edperrone.com
http://www.myspace.com/edperronemusic

[This message has been edited by EdPerrone (edited 09-09-2006).]

#212402 09/10/06 12:51 AM
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Here is the link to the other topic:

http://www.justplainfolks.org/ubb/Forum11/HTML/000721.html

I know there are more topics like this, this one is just the most recent.

--- Ed


------------------
http://www.edperrone.com
http://www.myspace.com/edperronemusic

#212403 09/13/06 01:01 AM
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OK Brian, either I'm blind or have really lost it, and that seems most likely, but you're the only one I can see listing
"Audiosparx" in the post. What did I miss? Thanks.

------------------
Steve West
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#212404 09/13/06 10:55 AM
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Quote
<font face="Verdana, Arial" size="2">Originally posted by Steviewest:
OK Brian, either I'm blind or have really lost it, and that seems most likely, but you're the only one I can see listing
"Audiosparx" in the post. What did I miss? Thanks.

</font>


The power of the "EDIT" button [Linked Image] GONE!




------------------

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#212405 09/14/06 08:10 PM
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I ran an advertising (local) agency for 6 years, and I would pay a fee of around $200 for a :30 piece of music to use as background on a spot. If the commercial happened to go national, there would be an additional fee - it was by market where it would be shown. Also, most adoption agencies are NOT "not for profit." Congratulations on getting your music used anyway....just don't "give" yourself away.


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