Selling Beats 101 +

[bknot1]

Ok.. I have seen alot of people tryin to sell beats and they are really not understanding what they are doin when they are sellin' beats Non-Exclusive Rights and Exclusive Rights...

remember NEVER EVER, I SAY AGAIN NEVER EVER sell your rights to your beats/tracks

you need to be careful how you word things on your sites and contracts...


Exclusive Rights - can mean you are selling all your rights in the musc/beat/track or whatever you calling it ..and this means they do not..i repeat do not have to credit you for the beat.

Exclusive Rights to use - means you are giving (ie..license) this specific artist the sole right to use your music/beat/track or whatever you can it.. and the music still belongs to you..and you must be credited for the music.. (ding..ding..ding..)


Non-Exlcusive - these should be for a limited amout of time..ie. 6mos, 1yr or 18 mos.. to give the Artist some time to shop around their demo..and should also state that they know you still own the music and will continue to sell/license the music/beat/track or whatever you call it to other artist..

just be careful what terms you use and have a written agreement/contract to be sign by both parties when all terms have been agreed apon..

[tone_aot]

Thanks for the info Knot! I'm about to start back selling beats. This time i'm smart tho!! I'm sending all my stuff off for copyright and they gotta sign a contract to get the beat. When i post my new stuff, i'll let the fam know. I'm gonna be selling some crazy stuff dude!

[DesertEase]

damn tone ain't heard from you in a year where u been? i thought u were out on tour or sumthin fam welcome back

[BeatsBuY]

Also, remember about licensing. Where you license a production to be used in TV, or radio. It's kind of like leasing but a little different. Unlike leasing (non-exclusive where a person pays for the track one time for a period of time), licensing you get paid each time a track is paid. You still own the rights. Don't get licensing and leasing confused.

A lot of sites offering instrumentals for projects are licensing the production to you.

Also, when you lease a beat, have the person sign terms of use. This way they understand that they can not resale, post the beat itself for download, or claim it as their own.

On your site posting the beats, put a little disclaimer stating: You may not re-post, resale or claim the beat production as your own. Read terms of use for more info.

This way you have your business covered.

[bknot1]

bump..cause i might add more info...

[DesertEase]

keep addin info bk almighty......your knowledge is golden to us

[Twitch]

That's right... Lace use with your knowledge man.. you been a big help on FP forum

[stray411]

Oops…I always sell my rights to my tracks…unless it’s a lease. But I always get properly credited, that’s part of the agreement.

What is the benefit to retaining rights to something you sold exclusively? For publishing or something?

[Change of POETS]

Originally Posted by stray411

Oops…I always sell my rights to my tracks…unless it’s a lease. But I always get properly credited, that’s part of the agreement.

What is the benefit to retaining rights to something you sold exclusively? For publishing or something?

You're doing it right, they're suggesting you change your wording on your site.

From "exclusive rights", to "exclusive rights to use".

That way no one could legally argue that they own exclusive rights to your production, eliminating your publishing rights.

[bknot1]

Originally Posted by stray411

Oops…I always sell my rights to my tracks…unless it’s a lease. But I always get properly credited, that’s part of the agreement.

What is the benefit to retaining rights to something you sold exclusively? For publishing or something?

this is correct.. when you sell all your rights to your work you are missing alot of money if the songs in published and gets spins, picked up for Film or TV..you will be missing out of the real money..
and remeber as per ASCAP a split of the songs is 50/50 ( 50% for the Music and %0% for the Lyrics)..so you will be entitled to 50% of any royalties generated by the song...

the split can be any percentage..just make sure you keep your publishing to your work...

credit is good..but it doesnt get you publishing for your work

a side note..if you sample your publishing will be smaller.. if you get anything at all...thats why most advance or fees are high..to make up for the money they will lose in sampling..

[Twitch]

when you sell all your rights to your work you are missing alot of money if the songs in published and gets spins, picked up for Film or TV..

They are right.. but when it comes to films it will be different.. I do music for films and T.V. mostly (when dealing with films you MUST read the Fine print when you get into agreements)

Film Synchronization License --The Synchronization License grants the filmmaker the right to use a song in timed relation to visual pictures (like in a film). Both this and the Master Use agreements are required to fully license an already recorded song for a film. No exceptions. (Both full version and festival use only version)

Master Use License -- The Master Use License grants the film company the right to use the recording in a film. Both this and the Film Sync. agreements are required to fully license an already recorded song for a film. No exceptions. Master Use license works for two scenarios, 1) if the Master is owned by a Record Label, or 2) if it is owned by the musician. (Both full version and festival use only version)

This is where you better know what your doing.. The Master Use License is so important...

Composer Agreement -- If the film requires an original, never before recorded song, then a Composer Agreement is necessary. (Both full version and festival use only version)

Festival Use Only - Master Use License - grants the film company the right to use the recording in a film only for film festivals.


Festival Use Only - Synchronization License - which grants the filmmaker the right to use a song in timed relation to visual pictures (like in a film) only for film festivals.



I've used these alot.. But never use a stock agreement!

Master Use Request Letter
Film Sync Request Letter


These request letters are great if you want to use or ask permission for a sample (from Earth,wind, an fire) or from a Motion Film (Spiderman 3, transformer) or if you just need to use something form a musician or film that is minimal.

These are mainly for film, T.V. production is different, most will buy right out.. BET bought one of my songs right out for Their show college hill and FX did for it's always sunny in philly. You also must look into percentages of DVD sales..

I know I got side track and I'm sorry everyone.. But I thought I would add some of my knowledge..

[bknot1]

Twitch that real good infomation..no need to be sorry ..

[stray411]

What is involved in collecting publishing? I know it’s not as simple as changing the wording on my site and contract.

Would I have to become a member of ASCAP?

Would I need to be a publisher or just affiliated with one? And how does that affect percentages?

I would probably want to do this under my production name, not my government name, right? That would mean I’d need a DBA and tax ID, right? Which would make it difficult to not pay tax on the money I’m currently making. And would I have to charge sales tax?

For where I’m at right now, I don’t see the benefit. I’d basically be surrendering 30% (or more) so I’d have a slight chance of collecting publishing. I’d rather just play the lottery honestly.

When I’m in a position where I’m working with more serious clientele who aren’t just recording demos or slanging a short run of CDs…then I’ll probably wanna go legit. But at that point, I’d hire an entertainment attorney to handle all this rather than try to micromanage every aspect of my career.

Just out of curiosity, is anyone on here collecting publishing on tracks they’ve sold?

[bknot1]

yes you need to be a memeber os ASCAP or BMI or SOCAN (if you live in Canada) to get your publishing and not it doesnt affect your percentage....they collect publishing for you and send you a check every quarter if you make anything from your placements... you can use your SSN up until you have employee's working for you, then you need to request a tax id...i will check into it to make sure..

you can goto you local courthouse and apply for a DBA license (fees apply) and open a bank acct. and your in business.. but you can find all this information from your entertainment lawyer..and he can help you set it up the legal way so it will benifit your needs..

but I understand what you saying..but publishing is key to a lifelong stream of income...and giving up all your rights to your work will end that stream of income...

and for the record if your sell your right outright the client dont have to give your credit for the work..its a good faith thing then..

[bknot1]

oh I forgot... i have 3 tracks thats goin to place on a indie/sony release and i get my writers share of the tracks..and im getting some tracks/beats ready to try and place at MTV for next season shows...

[Twitch]

you can use your SSN up until you have employee's working for you, then you need to request a tax id..

The Boss Man is right..

As for sales tax. you will need find out how much is sales tax.. Some states don't have sales tax (Penn, oregon) it should be around 6% if you do have sales tax, but every state is different. Also to register your Business name you need to decide are you going in-state or federal? If you plan on selling your music to anyone outside of your state (like to the west or east coast) then go federal. Make sure your registered your name first.. hopefully you already did that.

You can call Ascap or SESAC to get more specifics on becoming a publisher..

i have 3 tracks thats goin to place on a indie/sony release and i get my writers share of the tracks..and im getting some tracks/beats ready to try and place at MTV for next season shows...

That is why your the Boss

[bknot1]

LOL...

here is some good reading for eveyone to read.. http://www.bmi.com/brochures/royalty.pdf

[peritus]

bumping good info...Thanks all!