Songwriter Forum > Resources & Marketing

Film placements -- royalty-based contracts?

(1/3) > >>

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.


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.)

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 %

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
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?

@PopTodd -- You're going to keep us posted on this, right? I will want to try to see the film, if this works out!


[0] Message Index

[#] Next page

Go to full version