Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Exclusive Song Agreements
Exclusive Song Agreements NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Exclusive Song Agreement Law Firm, Perdomo Law in Manhattan New York, NY
Songwriters may hope to record their work themselves, or they may only write for other performers. In either instance, the writer may have a publisher they work under that will market and make their songs available to consumers. Publishers and songwriters must have a written contract that guarantees everyone gets the profit and attention they desire for their work. Many options exist, but experienced songwriters with prior published work often use exclusive song agreements.
What is an Exclusive Song Agreement?
Exclusive song agreements between writers and publishers help songwriters to have a steady income while they create. The songs created by the artist during the contract duration become the property of the publisher. The documents are also sometimes known as a staff writer contract. Despite the agreement's name, the contract does not mean the songwriter becomes an employee of the publisher. Most artists still operate as independent contractors and must manage their taxes and health insurance coverage as they would as freelancers.
Exclusive song agreements allow writers to have income security because song royalties can take a year or longer to begin. The concern for the writer is that the contract details can favor the publisher. Artists need representation from an Exclusive Song Agreement Lawyer to ensure they receive adequate rewards for the work they complete. The contracts can differ in many ways. An experienced lawyer can help by making sure the documents cover the needs of their client.
Details Included in Exclusive Song Agreements
Salary:
Songwriters need to determine what amount of pay they need during the contracted time and how they want to receive their income. Possible negotiations can include the frequency of payments, the potential for bonuses for songs completed before deadlines, and the size of the royalty the songwriter will earn for their work.
Most exclusive song agreements pay the writer quarterly. The contract includes a set amount of pay divided into equal payments throughout the contracted time. The amount of income earned usually depends on the past success of the writer. Songwriters with a proven history of producing hits will typically make more than someone new to the industry.
Songwriters should remember that the money earned during their contract is an advance on their royalties. The publisher will remove the advance payments from future royalties. A favorable royalty percentage helps the writer to have more money left after the deduction.
Time:
Songwriters who have never worked under a contract before may want to choose an earlier end date than another writer that has experience with exclusive song agreements. A shorter contract period enables the less-experienced writer to see how they work under pressure. Not every artist wants someone else to have the rights to their work.
An Exclusive Song Agreement Law Firm can review the proposed contract with the songwriter to determine its pros and cons. The goals of each artist vary, so songwriters need reassurance the agreement will meet their needs.
Who Maintains the Song Rights?
Under an exclusive song agreement, the rights of the song belong to the publisher. Any work written by the artist during that contracted time belongs to the publisher. The songwriter can insist they get credit for creating work, so it remains in their portfolio and can aid them in future negotiations. Most exclusive song agreements do not give the songwriter any control over how publishers use the work produced during the contract. The publisher owns the songs and may use them for whatever they would like.
Songwriters should refrain from keeping work created during their contract for future use. Publishing work or selling it to others immediately after leaving an agreement could cause legal issues. Publishers may believe (or know) the work was written during their contract and could have a legal right to the song.
How Can Artists Retract Exclusive Song Agreements?
An Exclusive Song Agreement Attorney can help a songwriter to recoup losses from contracts that a publisher broke or did not follow as directed. Previously signed poorly written contracts may offer loopholes that allow the songwriter to leave the agreement. A songwriter is unlikely to succeed at taking back the rights to any songs written under a professionally prepared and signed contract.
Songwriters who feel uncomfortable about assigning all their rights to one publisher for everything written over one or two years may want to consider another agreement type. An Individual Song Agreement can enable writers and publishers to have a less exclusive arrangement. Songwriters can give publishers the rights to a song or a list of songs and work on their own or with other publishers in the same manner at the same time.
Individual Song Agreements may not include an advance, or the publisher may offer a smaller fixed payment for the song instead of future royalties. Prolific writers may prefer an arrangement like this over an Exclusive Song Agreement because they can have more control over each piece they create. Songwriters with a history of exceptional work already making money for them may appreciate the convenience of working with one publisher and avoiding the effort of self-promotion and shopping around for a buyer.
Entertainment and Music Company Bundle Legal Package
- Corporate governance and structure for independent music companies
- Recording, development, and distribution agreements
- Management and Production Contracts
- Songwriting split sheets, affiliations, including ASCAP, BMI, SESAC
Contact NYC Exclusive Song Agreement Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Individual Song Agreements may not include an advance, or the publisher may offer a smaller fixed payment for the song instead of future royalties. Prolific writers may prefer an arrangement like this over an Exclusive Song Agreement because they can have more control over each piece they create. Songwriters with a history of exceptional work already making money for them may appreciate the convenience of working with one publisher and avoiding the effort of self-promotion and shopping around for a buyer.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
Business Hours
- Mon - Fri
- -
- Sat - Sun
- Closed
|Copyright 2011 Perdomo Law. All Rights Reserved . Art Licensed by Shutterstock. Images do not depict actual clients and are used to support content. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The hiring of any lawyer is an important decision that should not be based solely upon advertisements.
Disclaimer and Attorney Advertising Privacy Policy Accessibility Statement