This is all very new to me, but someone heard a song I wrote and wants to buy it and use it in a promotional video he is doing on a book he wrote. It is a simple two min piece and I would only be recording it and giving him (or the editing manager) the CD and not my written out music.

I'm flattered for the free exposure and am not really into making $$ and would love to sell it to him outright, but I've been told then he could sell alot of his video's make alot of $$, or someone else could hear it and wish to buy it from him (which I doubt)....and he could eventually make $$ of it. The chances of that is pretty small I think, but my husband wants it all business, and I would just love the exposure and opportunity to do this.


Has anyone sold music here before,, and what would be the best course to take in this? I think we are only talking like $500 for the song. He is unknown and just tyring promote his book and wants to put this on youtube also.

My $0.02:

You need to decide (or more likely negotiate) exactly which rights you're going to be selling. At present you own (I guess) the rights to the original composition and the performance you recorded. You can sell whatever rights you wish, in either or both of these. You can sell the rights completely (in which case the composition or the performance cease to be your property at all), or you can licence them to be used in certain ways. You can sell the right to copy your performance a fixed number of times, for example.

In any event, you need to agree up-front exactly what you're selling, and then get that in a written contract. You don't _need_ to sell the rights to the composition for somebody to use your performance as promotional material, but a canny buyer will almost certainly try to buy these rights as well, if he can so so at little extra cost. So there's scope for negotiation.

Regardless of how you handle it, you'll want to retain an attorney (with experience in this type of licensing) to help you do the contract.

You could simply charge a flat fee or simply do the work for credit, but you'll likely have no legal recourse if he decides to use it in other films or if the film makes a ton of money and you become unhappy with your $500 share.

If it's the exposure you're mainly interested in, why not follow Kevinb's advice and simply sell him a license to use your music for a very small fee but retain copyright and all other usage rights for yourself? That way if his book makes it big and somebody else wants to use your music, you'll be able to make the big bucks then...

If you sell it for a flat amount, then basically he owns it and all the rights to it. I would instead, give him the right to use it in his video, and you get a percentage of the sales from that. That way, you keep the rights to it. Of course, you will want an attorney as Kreisler said to make sure that you don't get the short end of the deal. Also, you'll want to copyright it if you have not done so already.

Yes, definitely licensing is the way to go Lenee. Make it very clear to this client that it can only be used in this one promotional video without a renewed licensing agreement.

Probably not worth consulting with a music attorney. You'd end up paying the attorney more than you'd make on the licensing fees. With all the music libraries available today, licensing fees are at an all-time low (and attorney fees at an all-time high).

John

Maybe so; but if you aren't going to employ a lawyer, at least ensure that the exact terms of the licence or sale are in writing and signed by the purchaser.

Also, you can do the "poor man's copyright" by mailing a copy of your music to yourself. Don't open it when you get it, and the post office stamps the date that it was mailed to prove that you had ownership at the very latest on that date. This will stand up in court when you hand the judge the sealed envelope .

I would certainly draw up a license agreement for him to sign.

I once allowed a friend to use some music of mine, for an advert screened in cinemas. Thankfully, no-one got rich from it, but the most unlikely things can happen, if you don't protect your music.

The following is a draft licensing agreement from a site I post music on.
Maybe it will give you some guidelines.

LEASING RIGHTS
You will receive an encoded MP3 file of the untagged song, and/or a copy of the raw WAV file. The song file can be delivered digitally or through the mail on a CD. Leasing rights allow you to use the beat (or song) for ONE commercial recording or broadcast. This recording can then be distributed at your price for up to 2,000 copies. Selling more than 2,000 copies means you must acquire a new lease or exclusive rights. You may also use the beat for non-profit promotional use or demos. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat). You will receive a contract in the mail granting you non-exclusive rights to the beat. In the event that someone buys exclusive rights to the beat you have leased, your rights shall stand and the beat is still yours to use. You may also acquire new leasing rights if you sell more than 2,000 copies since your contract predates exclusive sale. The seller will not receive a royalty from the sale of records or downloads. You must however give full credit to the seller (artist and/or producer name) on all commercial recordings. Upon purchasing leasing rights, the seller still owns the beat(s) and the seller is able to resell the beat(s) to any other party until exclusive rights have been purchased.

EXCLUSIVE RIGHTS
You will receive a MP3 file of the beat (or song), untagged (free of soundmarks) and/or a copy of the raw WAV file. The song file can be delivered digitally or through the mail on a CD. Exclusive rights grant you unlimited commercial recordings and broadcasts. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat). You will receive a contract in the mail granting you exclusive rights to the beat. You own the recording as a "work made for hire". The original seller may no longer lease or sell the beat/song, except for prior leasing rights holders and his/her own promotional page (no downloads there). The seller will not receive a royalty from the sale of records or downloads. You must however give full credit to the seller (artist and/or producer name) on all commercial recordings.

SPECIAL USES: TV, Movies, Commercials, Websites

* Charity organizations: can use song for free, but must give full credit to artist/producer
* Student projects for school/college: can use song for free, but must give full credit to artist/producer
* Commercials, In-house, company publications: for publications with less than 50,000 viewers exclusive rights suffice. Terms are to be discussed for larger publications.
* Websites (less than 100,000 monthly hits): leasing rights suffice
* Websites (other): must acquire exclusive rights
* TV/Movie: terms are to be discussed

CAVEAT
The above guidelines are only SoundClick's suggestion for drafting reasonable agreements. In no way is SoundClick responsible for honoring either the seller's or the buyer's agreement. If either party fails to honor any licensing agreement you may contact SoundClick at support@soundclick.com. Please see our legal agreement at http://www.soundclick.com/docs/legal.cfm?site=terms for more information.

Thank you all so very much for your insight! I've not yet decided what to do, but am going to think long and hard before I hand any music over to anyone.

Right now I'm just flattered that someone likes the song enough to want to use it and buy it. Its not really something I'm pursuing to make $$ or anytning....at least not yet:)

I'm going to print out some of your comments when it comes time to make the contract. Thanks again!

....and thank you Rob for that licensing agreement.

Some "bare facts" on copyrights...

1. You own the copyrights, regardless of registration. Legally speaking and for most countries.
2. It is sane, however, to register a track which will be used commercially, one way or another.
3. On another view, it does seem that if the guy licensing your music posts your music, by crediting you, then it's an automatic registration of sorts. The music exists from that moment and is credited to you. Power to ya!
4. As it's been told previously: LICENSE the music. Don't even make an EXCLUSIVE license. Just allow the guy to use your music. For an amount of time, or whatever, but not exclusively.

This means that you get to use the music again whenever you want. You could put a small clause to make him feel better, by adding that you won't use it for 6 months, or on simmilar media or something, but just make sure you get to keep usage of the track.

Furthermore this means that after a certain amount of time HE can't use it again, without further licensing.

If he'd like more freedom, he may have to pay up more. He wants exclusive? Pay more. He wants a total buyout (which could make sense, since on the other side of the industry the talk is to "get the rights, no matter what", without them understanding even what it means!)? Let him pay dearly!

I've sold copyrights to a track but I made quite a few thousand $, and it wasn't really something *special*. (I have however given copyrights to a friend for free, as a present).

Finally, I somehow get the feeling that $500 might be a tiny bit too much. I don't know the guy, nor I've met something in a simmilar situation, but if the guy doesn't expect to make any substantial amount of money (which I doubt he'll do), then chances are that he won't want to pay a considerable fraction of his incomings to you. I can't suggest much on a price, since I deal with computer games and concert hall music, but maybe someone else can have another suggestion?

5. On what I have serious doubts is if youtube and other internet media provide royalties. I believe they don't (and computer games don't have royalties either). So there's little reason discussion about these, if the guy sticks to youtube only. But if he plans to use the music to radio/tv/whatever then the talk gets deep an there could be a bigger sum in it for you. Unfortunately I know very little on royalties so... :-/

Good luck.

Finally, I somehow get the feeling that $500 might be a tiny bit too much-Nikolas

Yes, with over 150 music libraries competing with licensing, I'd say $100 is closer to reality. That would be for a one time use.

John

For what it is worth, the following link is a site in the UK, which I have sold music on.
It may give you some idea of prices.

http://www.labelsound.com/labelsound_prices.pdf

Thats good to know. My "go-between" person said to offer that and most likely he'd come down and we would most likely settle for much less. I'd be happy basically with $100- really happy with $150.

You all have been such great help. Thanks! Lenee