Exclusive Rights Question

Sacred One

I Am One Of God Producers
ill o.g.
Battle Points: 25
Ok I made this beat with a sample, but the sample hasn't been cleared, but someones wants to buy it from me and is supposedly close to getting a major deal.

1. How do I go about selling it?
2. Can I sale the beat if the sample isn't cleared?

I sent him an email back saying well if you are about to ink a major deal, they can get the sample cleared, am I right for saying that or wrong, I already gotten one opinion I'm looking for more plz help out a brother
 
E

Equality 7-2521

Guest
i agree. get him to clear it. the lable will do it for him if its a major label. and if you are selling exclusive rights to an artist who is going to be releasing your beat on a major label, make sure you get LOTS OF MONEY. otherwise what is the point of selling exclusive rights? you may as well ask for royalties instead since he will be releasing it on a major label and selling shitloads of units.
 

bigdmakintrax

BeatKreatoR
ill o.g.
Battle Points: 123
Ok I am not a lawyer so please do not take this as the gospel...but in similiar situations at least copyright the track.....dont listen to that other thread about you really dont have to because its automatically copywritten OMG LOL ......because especially if you have flipped a sample the odds are someone somewhere has that same exact sample flipped in some way that would resemble what you did by virtue of the same sample being implemented and at that point if they had copywritten it before you they could try and challenge your version and you would have no registered or certified copy to argue against it......if you found a sample that absolutey no one knows or thought of flippping you are in better shape but really how would you really know someone has not thought of it LOL....

It is the responsibility of the label or entity you sell that track to clear it, you need something in your contract if you are giving up exclusive rights....(I assume the bread you make up front is it??? no publishing??)

but yes you can sell that track just make sure you get your fair value on that track giving up the exclusive and especially if they dont want to give you publishing you have to get the most money out of it....but with them saying they are inking in a major deal I would somehow work in my publishing so I could at least get some royalties off of the spins this song might generate or points off the song if it goes on an album with some other producers...it looks like if you have something where they are going major and telling you that you need at least one of these to avoid being screwed...A really, really good manager and a really, really good lawyer in best case scenario....you have to remember you can control the usage since you are the copyright owner no matter if you sell the exclusive rights you need a contract stating so, I had a lawyer in Georgetown draft up my contracts and they look nothing like the internet contracts LOL.....there are contracts all over the net but IMO....I would get me a lawyer to customize my contract for how I want the beat used and also so there are no holes in the contract, you want an entertainment attorney to assist you and one that is familiar with music production and contract law pertaining to it.

if thats too much man just get some sort of terms hashed out on paper and have them sign and agree to your publishing and how you want them to use it....

My bottom line is this and you cant look at everyone as trustworthy in the game there are a lot of artists and labels out here to take your work as cheap as possible and then either take credit for it, sell thousands of mixtapes and then make you feel like you are overcharging or somehow wrong for trying to make profits off of your own work....be shrewd and crafty....get your money upfront and try to get your money in the end with a good contract and retention of publishing/credits/points or splits!
 

bigdmakintrax

BeatKreatoR
ill o.g.
Battle Points: 123
Also I might add this, with that sample you are using make sure it can be cleared....especially if you dont get as much up front but think you are getting royalties, in some instances a legal hold like clearance can screw you on getting a check, I think it wont affect royalties right away but if it makes an album the splits and points might be put on infinite hold and you may never see that money.......also to really truly copyright the sampled track this I believe is the only way unless you have written permission or clearance from the copyright holder/publisher. Depending on the usage of the sample, the publisher can demand part-ownership in the new production.
here is an example of something I did
I have copywritten a remix that used a popular song and got the certificate back, I altered the original work to a certain extent...but even though I have the certificate there is a liklihood that the original creator of the song I sampled would definitely come after me if that became a hit and they got wind of it and I hadn't gotten their expressed written permission to use it...
sounds like the lil disclaimer at the end of an NBA or NFL game...
 

Sanova

Guess Who's Back
ill o.g.
Battle Points: 9
If its a major deal get royalties no matter what. thats the way to go. if it was just a street cat you would never see roaylties cuz hes juss slangin on the street. Make him pay up front then get more money on the back end from publishing or sumthing. State these points in your contract.
 

Sanova

Guess Who's Back
ill o.g.
Battle Points: 9
get at me on aim. i have some contracts my lawyers made.

or yahoo or msn. check my profile for the screennames
 

Honesty

ILLIEN
ill o.g.
Sanova said:
If its a major deal get royalties no matter what. thats the way to go. if it was just a street cat you would never see roaylties cuz hes juss slangin on the street. Make him pay up front then get more money on the back end from publishing or sumthing. State these points in your contract.

Easier said than done...

If he's a nobody...why exactly would anyone give you points on their album? Producers get points on an album because their name- a la Timbaland, Just Blaze, Neptunes..etc. will help sell the album. You get points based on your name recognition and nothing else. And there is a difference between points- a percentage received based on record sales and publishing- fees received based on radio play and other licensing. I'd suggest modest fee, but at this point, it's more about exposure than you getting rich off of this one track. If it does indeed make the album, you'll be getting calls from A n R's and can list the track on your disography, which will allow you to up your prices a little bit for your next sale.

Sacred One said:
well if i can't get to a lawyer, do you think u can send me some links to the contracts on the net

You've gotta be kidding me. If you really are about to get a track to someone on a major record label, why wouldn't you get a lawyer? More business is on the way, at this point you should register an entity and the fee is tax deductible... why not?
 
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