by Jeffrey and Todd Brabec
On occasion, the advertising agency will ask the music publisher to sign a confidentiality agreement before the agency sends the publisher copies of the storyboard or provides specifics as to the type of marketing campaign and the actual content of the commercial being planned.

If such an arrangement is requested by the agency, it usually occurs immediately after a quote for the composition has been given by the publisher, but, in some cases, this arrangement may be requested when the agency contacts the music publisher to ask for the use of a composition and explains the general nature of the use.

The confidentiality agreement can take many forms but, in most cases, it is a one-page document. In the agreement, the music publisher acknowledges that, in the course of the development, pre-production, production, or post-production of the commercial, the publisher may learn certain information relating to the products of the client, the advertising plans for the product, and the contents of the commercials relating to the advertised product.

In this regard, the music publisher and its employees or affiliated companies agree not to disclose any portion of such information to any third parties without obtaining the prior written consent of either the advertising agency or the client.


On occasion, the advertising agency will ask the music publisher to sign a confidentiality agreement before the agency sends the publisher copies of the storyboard or provides specifics as to the type of marketing campaign ...

Some of the guarantees that may be agreed to by the music publisher, if such a confidentiality agreement is requested or demanded by the advertising agency, are:

That it will not provide anyone with the storyboard, script, advertising copy, or other elements used in the development or production of the commercial;

That it will not allow any third parties to view, exhibit, or inspect the commercial prior to the actual broadcast of the commercial;

That it will not disclose the fee;

That it will not disclose the content of the advertising commercial prior to the initial broadcast date of the commercial; or

That it will not authorize the release of any promotional or publicity materials about the music publisher that mention the commercial or the services rendered by the music publisher in relation to the commercial.



© 2006 Jeff Brabec, Todd Brabec

This article is based on information contained in the new, revised paperback edition of the book "Music, Money, And Success: The Insider's Guide To Making Money In The Music Industry" written by Jeffrey Brabec and Todd Brabec (Published by Schirmer Trade Books/Music Sales). www.musicandmoney.com












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