Release Forms for Music...

[GoreBastard]

A few days ago I got an e-mail from some guy who's making an independent film and wants to use one of my tunes in it. He says I have to sign a 'release form' and has e-mailed me a copy of said form. I read through it and it's something I'm not sure about signing. Here is what the form says, copied and pasted:

Music Composer Agreement
Composer Name: ______________________________________DA TE_
(Print Names)
Producer(s) Name: PAOLO D. CARASCON
Producer Company: P.D.C PRODUCTIONS
Project Name: NIGHT OF REDEMPTION
Project Genre: FILM
(film, music video, stage production, game show, etc)
Herein this Agreement the independent Filmmaker is called the "Producer".
1. This Agreement, when signed by the above named and below signed Composer, will confirm mutual agreement
whereby the above named and below signed Producer has engaged the Composer as an employee for hire to render
certain services and to furnish a complete and original musical score hereafter called the "Work" for the above
named Project.
2. Producer agrees to give a credit in the Project.
3. Producer employs Composer to write, compose, orchestrate, perform, record and submit to Producer music
suitable for use as the complete background score for the Picture. Composer shall bear the full cost of any
musicians, studio or equipment rental, guild or union fees or any other costs incurred in preparing the work except
for tape stock costs.
4. The Composer grants the Producer the irrevocable perpetual nonexclusive right to use and license others to use
her/his name and likeness in any advertising promotion or exploitation of the Project and Work.
5. The Composer agrees that Producer may perpetually use or authorize others to use any of the rights herein
granted for commercial advertising or publicity in connection with any product, commodity or service
manufactured, distributed or offered by the Producer or others, provided such advertising refers
signature date

So, does that seem a little fishy? He says he only wants one song, but this release form is pretty much saying I'd be responsible for an entire soundtrack. What the hell am I supposed to do? Should I sign this thing? Is this just standart procedure when someone wants to use a song, or is this guy trying to fuck me over or something?

[GoreBastard]

At 1/17/10 08:57 AM, Otto wrote: It's always safer to never sign anything you don't understand.

I like your logic on that one, I will leave it for a while and see what happens.

[Khuskan]

Seems like a cut-n-paste to me. It seems like he's chosen the wrong form for what he wants, that is quite clearly a commisioned composition contract as opposed to a copyright license for the use of an individual track. I wouldn't say it was suspicious, more like he's making the film for a college project or something, and that's the form they told him to use for audio work.

Email him back and ask him exactly what he wants, as the agreement he has sent you makes no reference of what track he wishes to license, under what license he wants to use it, and so on. If he is licensing one of your tracks, it is you who should be writing the contract, not the studio.

[PeterSatera]

It's a hard reading general contract making sure that he will be safe, and that you are giving him full rights to use the track. Although your just giving him one track, he will send this to all clients he wishes for must to be used. Everything looks fine but for 4 and 5.

The Composer grants the Producer the irrevocable perpetual nonexclusive right to use and license others to use her/his name and likeness in any advertising promotion or exploitation of the Project and Work.

He says you allow use of your Name to be promoted in his productions as well as other productions he liciences. So if he makes a movie, your name can be put in it. If he sells the track to someone else, he can give the right to them to use their name.

5 is where it gets iffy.
The Composer agrees that Producer may perpetually use or authorize others to use any of the rights herein granted for commercial advertising or publicity in connection with any product, commodity or service manufactured, distributed or offered by the Producer or others, provided such advertising refers signature date.

Meaning you arent giving him a single licience, you would have to give him and whoever he allows licience to repeatedly use the track in all sorts of productions. Meaning if he and his 10 buddys were to make 10 television shows, and get $100,000 for each, you wont see a penny, no matter how many times he uses your track. Also you cannot stop him as this grants him permission to distribute multiple productions with full rights under his own productions and others he will authorise. Some people dont realise the magnitude of this, but you are literally giving him the track and all he does is put your name on it, then he can distribute that as he wants, when he wants.

Sounds iffy...sure is. When doing a module on copyright Law on art and music the guy who invented Blade was strung up to dry too in a similar fashion. He thought he had this average vampire hunter character who very little would take to. Marvel bought the character, meaning they payed him a single fee for it. He is still credited as the creator however because he sold it to them the guy never seen a penny when all the movies, all the different variations of comics were made and merchandising.

[ZStriefel]

There are a few things in there that I would double check on.
I suggest consulting a music business lawer.

There are a few things like someone said above don't sit right. If I were you I would have someone draft up a contract for you with what you want. ***Including royalties***.

But really, don't sign it until you've talked to a professional. Lawyer jargon is so dizzying.
Its been a long time since i was in music business classes so a lot of this stuff is foggy for me..

[loansindi]

5. The Composer agrees that Producer may perpetually use or authorize others to use any of the rights herein

granted for commercial advertising or publicity in connection with any product, commodity or service
manufactured, distributed or offered by the Producer or others

No.

[Khuskan]

Also I'm worried about:

3. Producer employs Composer to write, compose, orchestrate, perform, record and submit to Producer

That really sounds like that, even though they only really want one song, if they ask you to do another and you refuse, you will be breaching the contract.

[Darren1337]

I got the same email, and some correspondence from the same user over ng. I think I'll let you take the fall on this one before I commit to anything haha.

[InGenius]

The wording is poor, the contract is the wrong tool for the job, and it has some loopholes that favor the Movie Producer. I'd counter with your own contract, bring in someone with a contract law specialty, if possible with ties to Audio/Video contracts, and draw up a new contract. Or look online for a template of a neutral audio/video contract that fits this bill.

But I do have to say, the "non-exclusive" rights part was a surprise with the rest of the wording of this contract. It really leaves the door open for both the Composer and Producer throughout the contract. With only non-exclusive rights, you could go on to sell the "Work" at a later date to anyone and everyone and even use the original film in your portfolio marketing and billing to push the sales. It's a poor contract all-around, really. Counter with a new one is my advice.

[Breed]

Don't sign failtracts that people send on the internetz.

Real confrontation via telephone or person are a must, and a music lawyer consultation is also a must.