California Songwriter Agreement Lawyer
California Songwriter Agreement Lawyer Sebastian Gibson
When you’ve been presented by music publishing company or other entity with a songwriter agreement, it is imperative you have it reviewed by a California Songwriter Agreement Lawyer.
Signing a songwriter agreement without understanding the ramifications of doing can destroy your songwriting career, or at the very least set it back years, before it ever gets off the ground.
California Songwriter Agreement Lawyer Sebastian Gibson has over 40 years of combined experience in California and in London. When you need an experienced California entertainment lawyer on your side, Sebastian Gibson is the right choice.
Types of Songwriter and Music Publishing Agreements You May See
Individual Song Agreements
With an Individual Song Agreement, the songwriter assigns the copyright of only one composition or in some cases, a select and specifically identified number of songs to a publisher in return for a percentage of the income generated from the composition or compositions.
As a result of only transferring one composition or a select number of songs to the publisher, the songwriter is free to offer compositions to other music publishers or keep them for the songwriter’s own use should the songwriter create his or her own music publishing company.
Exclusive Songwriter Agreements
With an Exclusive Songwriter Agreement, the songwriter is much more tied up. Under this type of songwriting agreement, the composer is agreeing to transfer the copyrights to each and every composition the songwriter writes within a specified term of years.
Under this type of songwriter agreement, the songwriter was commonly offered weekly or monthly advances recoupable from the percentage promised by the music publisher of future royalties generated by the songwriters compositions. In this way, a songwriter was promised a steady income so he or she was free to continue writing more and more music without worrying about expenses without having to wait years for royalties to accrue, so long as the songwriter is able to live within the means of the promised advances.
Advances Under Term Songwriter Agreements Today
These agreements almost always provide for the music publisher to pay advances to the songwriter, well beyond simple weekly or monthly advances for the songwriter’s living expenses.
Advances can be based on any number or variety of factors. The factors on which they are based will differ substantially if the songwriter is a pure songwriter or a songwriter/performer.
The amounts of an advance given to an established songwriter will be based on an analysis of their earnings to determine the songwriter’s likely future earnings.
Advances can also be one sum on signing a songwriter agreement, another upon securing a record deal, another on release of an album and further advances on reaching certain sales figures.
With term agreements tied to the release of CD, but with more and more music only being released digitally, a deal can conceivably never end if a physical CD is never released. This has to be addressed in any Term Agreement.
A common method used in songwriting agreements is for advances to be paid upon delivery plateaus being reached, i.e. dates at which the songwriter delivers a certain number of songs or the release of a CD.
However, advances can also be based on chart activity, digital downloads, earnings, or any other terms a creative entertainment attorney can dream up.
Co-Publishing Agreements
Some music writers, those with a track record of one or more past hits or who already have a recording contract with a major label, are able to negotiate a co-publishing agreement with their music publisher in which both parties own the copyright to the songwriter’s music. In such an agreement, the songwriter not only receives their percentage of royalties from the songs, but generally also an additional 50% of the publisher’s share of the income generated from the compositions.
Participation Agreements
What’s different in a Participation Agreement from a Co-Publishing Agreement, is that under a Participation Agreement, the songwriter does not co-own the copyright to the songwriter’s songs.
Administration Agreements
With an Administration Agreement, the publisher has the right only to administer one song or composition, or at most a select group of songs, and only for a specified term of years. The copyright(s), however, are retained by the songwriter.
In return for handling the licensing of the songwriter’s music in motion pictures, television, sound recordings, CDs, DVDs, commercials, video on demand and in all other uses and collecting the royalties therefrom, the publisher receives an administrative fee from the income derived from the songwriter’s music for the specified term within the agreement.
Other Songwriter Agreements
There are also Songwriter and Performer Development Deals, Foreign Subpublishing Agreements, Collection Agreements, Joint Ventures and Co-Venture deals. There are also Purchase Agreements whereby one music publisher acquires in whole or in part the catalogue of another music publisher.
Songwriter Contracts That Aren’t What They Appear To Be
First a word of caution. There are songwriter agreements that come out of the blue to new artists who are thrilled to receive a songwriter agreement at a nightclub or upon posing a video on YouTube that are noting like what they purport to be.
They may claim to be a standard songwriter agreement. They may even claim to be a co-publisher agreement (see discussion below). But the songwriter is bound to the music publishing company for a term of years, like a term agreement, but rather than receiving 50% of the publisher’s royalties in addition to their 50% of the songwriter’s share as they would in a true co-publishing agreement, they assign 100% of the publisher’s share to the music publisher.
There are songwriter agreements in which the songwriter is in effect simply assigning their songs to be used in a music library, which will do the songwriter no good, and obtain for them, no street cred whatsoever when they try to obtain a true songwriter agreement, and most of these bizarre purported songwriter contracts provide for no advances whatsoever to the songwriter.
Red flags to watch for in songwriter agreements which aren’t what they appear to be include a clause which provides that the assignment of ownership to the songwriter’s compositions continue in perpetuity even if the agreement is terminated or breached, and that the songwriter will enter into a “long form” agreement with the music publisher at a later date, the terms of which are not disclosed to the songwriter. The initial agreement doesn’t state that the songwriter will be asked to consider signing the long form agreement. Instead, the initial agreement states that the songwriter and publisher will enter into it, period.
There can be a great many other disastrous binding clauses in these extremely unfair songwriter agreements that can ruin a songwriter’s career before it ever begins. Sometimes, the first song you write can be the one of the best you’ll ever compose. Don’t give it away by being taken advantage of by someone unscrupulous.
If you’ve been given such a songwriter agreement, run, don’t walk to your nearest songwriter agreement attorney for an evaluation of the contract. Simply because the publishing company has a website means nothing. Websites can be created in five or ten minutes these days with website templates widely available. Do your due diligence and ask an experienced songwriter agreement lawyer to look over any songwriter contract you are given.
Songwriter Performers
Some songwriter agreements are tied to a songwriter’s recording agreement when a music publisher is affiliated with a record company. The problem with that is making sure the music publisher doesn’t reward the record company with sweetheart deals. However, the reverse can be more problematic when a record label convinces a songwriter performer to give the publishing to the label’s affiliated music publisher.
Delivery Requirements
Some songwriter agreements can continue until the songwriter delivers a minimum number of songs. Until the specified number of songs are provided, or a CD is released, the term of the agreement continues and a further advance provided upon delivery of said songs or the release of a CD is thus not paid.
To move the deal forward so that further advances are paid, the exact wording of the songwriter agreement is crucially important. Must the songs simply be delivered, or commercially released? Must a physical CD released or digitally released? Must the CD contain music 100% written by the songwriter or a smaller percentage? Are songs written before the term of the agreement to be counted or do only songs written after the start date count? Must the songs or the CD earn a minimum amount of money? Or is it nearly impossible for the songwriter to ever satisfy the delivery requirements?
Music Publishing Agreements Provided by Record Companies
While a record label who seeks to obtain a songwriter’s publishing when they sign the songwriter to a record deal can be beneficial to the songwriter, it can also be detrimental.
A major record label can team a songwriter with other songwriters and even get a songwriter’s music covered by other artists they represent.
However, an independent label’s affiliated music publisher may not have the staff of a major music publisher and thus may not do much more than act as an administrator who simply collects money.
If a songwriter has no option but to give up their publishing in order to obtain a record deal, a songwriter should try to reserve their performance monies, or even their mechanical royalties when their songs are recorded by other artists.
A songwriter who makes a deal with the record label’s affiliated music publisher should also make sure they obtain advances from both companies. In addition, they should never give up all their other sources of income, such as their earnings from going on tour, merchandising, sponsorship money or endorsements, or other income in connection with their performances or tours.
If the record deal is going to be tied to a music publishing agreement, then it should benefit the songwriter as well. If one company picks up an option to renew their contract, so should the other, with each paying their further advances. But when it comes to determining when a songwriter’s advances have been recouped, each agreement must stand alone.
Reversions of Unexploited Compositions and Copyrights
A songwriter should require that unexploited compositions and their copyrights revert back to the songwriter after a specified number of years.
It should also be closely examined in any publishing agreement when a song’s copyright assignment to the publisher terminates, e.g. 35 years from the date of publication or 40 years from the date of a grant with the copyright thereby reverting either to the songwriter or being conveyed to the songwriter’s heirs.
Exploitation Approval by the Songwriter
The instances in which a songwriter has approval rights over exploitation of his or her music is negotiable. It is thus not uncommon for a songwriter to have approval over exploitation of their music in advertising and even in the types of motion pictures or television series in which the music can be exploited, dramatic rights, inter-active media, or in any other social or political setting in which the songwriter has a particular aversion.
California Songwriter Agreement Attorney Sebastian Gibson
If you’ve been offered a songwriting agreement and need a California Entertainment Lawyer to review it or negotiate the agreement, call California Songwriter Agreement Lawyer Sebastian Gibson.
With over 40 years combined experience in California and in London, and with law degrees both in California and Great Britain, California Songwriter Agreement Lawyer Sebastian Gibson is the right California Entertainment Attorney to call for advice and a review of your songwriting agreement.
Wherever you live, it’s important to have the best legal advice in reviewing these complicated and lengthy agreements. Before you sign a songwriter agreement without knowing the meaning of all of the terms and ensuring they provide for a protection of your rights and provide for the royalties and advances you should be receiving, call California Songwriter Agreement Lawyer Sebastian Gibson at (760) 776-1810.
California Songwriter Agreement Lawyer Sebastian Gibson has recently been named a 2022 Top Lawyer by the prestigious Palm Springs Life Magazine for the 12th year in a row.
