Film placements -- royalty-based contracts?

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PopTodd

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« on: April 26, 2018, 06:05:59 PM »
So, it looks like I have an opportunity to have a song (or 3) placed into a small independent film.
Now, they don't have much of a budget, but they really, really want my music and I really, really want to let them use it. But I can't see letting it go for free.
So, being that I want to do this deal, but I don't want to break their budget, I was thinking about drawing up a contract where I get a small amount up front for the use of my music and then, if the film gets picked up by a major distributor, I can collect royalties on the back end.

Have any of you ever done a contract like this?

Keep in mind that I'm in the US, so laws are probably different, but still... experience helps.

Thanks!

PopTodd

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« Reply #1 on: July 02, 2018, 05:58:16 PM »
It's getting closer to the time that I'm gonna have to figure this out and I haven't been able to find anybody to walk me through this.
Anybody have any clue?
Or, should I just go with the flat fee and risk it. Figure that at least I'll get a little something, plus a placement that could lead to more.
(Yeah, the dreaded "exposure" argument, but I'm not giving it away, at least.)

Boydie

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« Reply #2 on: July 02, 2018, 07:01:29 PM »
I missed this the first time

I think it would be fair to offer the songs for a nominal "upfront" fee and then ask for extra if the film gets picked up and hits the big time - either a bigger flat fee or a %
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tone

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« Reply #3 on: July 10, 2018, 09:05:37 AM »
Thanks to the spam I just deleted, I saw this thread for the first time.

I think the nominal fee is a good idea. I did this once for a piece of music a game developer wanted to use in a promo. My contract stated a £1 licence fee based on several restrictions including:
This project/ production only
Non-transferrable
Void if the project is bought/ handed to a 3rd party

Yours could include provisions for a % of all the film's lifetime earnings in exchange for a nominal upfront fee?

Maybe I'm too late to the thread - did you sort this out yet Todd?
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CaliaMoko

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« Reply #4 on: July 10, 2018, 11:31:10 AM »
@PopTodd -- You're going to keep us posted on this, right? I will want to try to see the film, if this works out!

PopTodd

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« Reply #5 on: July 10, 2018, 12:54:42 PM »
This has not yet been sorted out. Still don't have a lawyer or a contract. I want to make sure that there is something to work out before I engage the services of a legal professional (and associated costs).
But they are still in editing and figuring out just what music they want to use.
I've been in touch and he said that he will get back to me as soon as they have it all figured out.
I made it clear that I am interested. So, hopefully, it will work out.

tone

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« Reply #6 on: July 11, 2018, 07:45:42 AM »
It's worth mentioning that some PRO's might be able to advise on legal matters. I know the MU (musician's union) in the UK have sample licensing contracts and such like you can download and modify for your own purposes. Maybe there's something like that in North America too?

Let us know Todd - your songs more than deserve to be in the movies. I think you're in with an excellent chance.
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PopTodd

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« Reply #7 on: July 11, 2018, 12:07:20 PM »
Thanks, Tone!
I'm, BMI affiliated, so I will put in a call to them and see if there are any resources available. And, thanks for the encouragement. You already know that I think highly of your tunes.

KamInnons

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« Reply #8 on: August 12, 2019, 01:26:57 AM »
I agree constructive critism helps...some of this just comes across as a bit rude and presumptuous.<br><br>If I had the money it would have been done a long time ago.  :P<br><br>Besides MY QUESTION WAS ..How do I go about getting my name out to them  Any suggestions ??