|
by Donald S. Passman
Smile whenever you hear the words Reversion of Copyright,
because that will always be good for you (unless you're a
publisher, in which case you can frown). This is different
from the termination of Copyrights under the Copyright Law,
because reversion is a contractual provision, negotiated
specifically. It means that the publisher must give your song
(copyright and all) back to you at some point in the future.
Conditions of Reversion
What should trigger reassignment? The best is that the song
should revert back to you if it's not recorded and commercially
released. If you really have bargaining power, you can say
you get the song back unless the recording is by a major artist
(or at least someone on a major label) and/or achieves a certain
chart position (say Top 50). The publisher, of course, cannot
guarantee you success; It can only agree to give back your
song if it doesn't hit the target.
In these clauses, be sure to require that the recording/release
must happen within some time frame. Otherwise, the publisher
can keep each song for the life of the copyright, telling
you every week that a recording is just around the corner.
If it's a single-song agreement rather than a term deal, the
publisher customarily has from six months to two years after
signing within which to get the song recorded and released.
Try to break this into two parts--it must be recorded within
six months (or twelve months) after signing the deal, and
released within six months (or twelve months) after that.
This is better for you, because it comes back sooner if nothing
happens. For term deals, this period usually begins at the
close of the deal, although songs delivered in the later years
sometimes have longer time periods (because the publisher
hasn't had time to work them.) A typical provision is one
or two years after the end of the deal, but no less than two
or three years from the delivery of a song.
The smaller your bargaining power, the less likely you'll
be able to pull off a reversion. However, even at the most
modest levels, you should be able to get a publisher to give
your song back at some point (say four or five years after
the term) if it hasn't been exploited. The theory is that
the song is of no value to him or her on the shelf, but potentially
could be to you in a new situation. This gets more difficult
if the publisher has paid you an advance, particularly one
that hasn't been recouped (which is probable if the song is
unexploited). However, you may still be able to negotiate
an option to get the song back by repaying the advance. Be
sure to say you don't have to repay an advance that has already
been recouped. The publisher will want to put a time limit
on this right to repay (say a year or two after the first
date the song can revert), but even with this limit, the option
is a plus.
Be certain it's your option to pay the money back. You don't
want to be obligated to buy back your losers, because all
that does is guarantee the publisher against a loss.
Reversion of copyright for non-exploitation is something
you should always ask for. You may not always get it, but
you should always ask for it. Is it clear I mean always? Did
I say always?
Automatic Reversion
When you move into the super leagues, you can ask for a reassignment
of all compositions, whether or not they're recorded. Time
frames on these usually run something like seven to ten years
after the close of the exclusive term, and it is usually also
tied to recoupment--in other words, after the ten years, the
publisher has to reassign only if you're recouped. In this
case, (1) take the right to repay the unrecouped balance in
which case you get the songs back sooner, and (2) be sure
you get the songs back if and when you eventually do recoup,
even if it's five or ten years later. Don't assume the contract
will say either of these if you don't ask, because it usually
won't.
Donald Passman is a Los Angeles-based
music attorney with the firm of Gang, Tyre, Ramer & Brown.
Specializing in music business law for over 20 years, his
clients include major publishers, record companies, film companies,
managers, producers, songwriters, and artists such as REM,
Janet Jackson, Quincy Jones, Tina Turner and Green Day. On
a regular basis, we will be excerpting from Mr. Passman's
best-selling book, "All You Need To Know About The Music
Business."
|
