I have had a few people ask me why I may or may not sign an exclusive deal. Some people have very strong opinions against signing an exclusive deal. Here are some reasons why you may want to consider an exclusive deal. If you don’t know what an exclusive deal is, read this first. http://michellelockey.com/musicsync/archives/03-2015 There are different types of exclusive agencies. For example, Licensing Agencies, Publishers/Publishing administrators and Music Libraries. Often times, these exclusive entities will work harder for you and your music. You have to do some vetting to figure this out. A lot of times they have access to better deals & better shows. If you have only an album’s worth of songs and you want to retain ownership, you may want to stick with non-exclusive deals for a while. BUT, if your focus is touring and being an artist, perhaps a licensing agency is best for you. If you find the right agency, they will pitch your music to Film & TV opportunities and only collect part of the upfront master sync fee. Usually the deal is for a certain period of time and they will want to represent you & your catalog. The downside is that you can't pitch your songs anywhere else and if the agency turns out to be a dud, then you have to wait for the contract to be over to pull the songs. Non-exclusive deals have advantages because you still own the rights to your music and can pitch directly to music supervisors and to other libraries. Be aware that if you put the same songs into too many libraries and they pitch to the same entities, then the music supes won’t be too happy about receiving multiple copies of the same music. Also if the song is used on a show, there could be some confusion about the origin of the song pitch. (Usually re-titling fixes that, but there are issues with that too.) The terms of an exclusive deal may also affect your decision. There are deals that are in perpetuity in which they assume ownership of the copyright. The company gets the publisher’s share and you get the writer’s share. Usually the master sync is split 50/50. Some people freak at giving up publishing, but come on, those companies are doing the pitching. That is their job, so they should get the publishing half. Those deals can be scary, BUT, some of my best placements have come from these agencies. There are also deals that pay you upfront for the song, but you will not get paid for any future master sync that is obtained. However, you will get back end writer’s royalties AND upfront money is ALWAYS a good thing. Not every placement gets a master sync fee. Other exclusive deals may be for a year, or three, or semi exclusive with respect to film & tv only, meaning you can still release the song, sell it, and perform it. If you are writing a ton of songs or instrumentals for the sole purpose of achieving music placements, then you should not fear the exclusive deal at all. These folks are pitching your music and they want to get you placements. What good does your song do sitting in your catalog not getting placed? Yes, you could go non-exclusive too, but I am just saying that if an exclusive deal comes your way, do not fear signing the deal. Just check the deal points and make sure you understand how the company works before you sign. This is how I go about it: I sign all kinds of deals. I sign exclusive deals, non-exclusive deals, royalty free deals (NOT performance royalty free) because I know that I will make more music. My exclusive libraries get me more deals. But I have also had good deals/placements from my non-exclusives. Some of my non-exclusive libraries are going to be or changed to exclusive because that is what the Music Supervisor and Production Companies/Ad Agency wants. They like to know that they will find that song from only one representative. There is some “exclusivity” to that (pun intended). When I do sign a non-exclusive deal, then I may sign the same track with another library that pitches to different markets. For instance, if I sign a song to a really good reputable non-exclusive agency that pitches to mainstream shows on NBC, CBS, HBO, etc., then I may also sign that song to one that pitches strictly to reality shows. This way I can spread around my music and bring income from many different sources. Personally, I like to sign deals PER SONG. Not SIGN MYSELF or MY CATALOG. I don’t want to be tied up that way. My plan is to build my catalog as large as I can and sign all kinds of deals until the industry changes. If you are in this for music placements and are creating a lot of music, or plan to, then DO NOT be afraid to sign an exclusive deal. Your tracks could end up sitting in your catalog earning nothing, and (exclusive or not). Wouldn’t you rather get 50% of something, than 100% of nothing? Want to learn how to license your music? Go to LicensingSongs.com for more info!
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AuthorMichelle Lockey is a multi-award winning singer-songwriter sharing the knowledge she has learned over the years writing for Film & TV. Like what you are reading? Please Sign up to receive a FREE Music Licensing checklist! 10 Steps to Sync Success
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