"Exclusivity"

TerryAndreas · Posted: Wed Jan 12, 2022 2:07 pm Post subject: "Exclusivity"

Many apologies if this is the incorrect forum but I didn't know where else to go.

I recently wrote a composition for Brass Band and approached my local group to see if they would play it.

To my relief they agreed and were even keen to perform it in a forthcoming concert and include it on their CD!

Then the conductor asked me in front of the band whether I was happy giving them "exclusivity". I said "yes" because I imagined he meant that he didn't want me to try other bands.

Now I'm a bit nervous that I may have given away the rights to my own composition.

Does anyone have any experience of this situation or has any advice?

Any help would be greatly appreciated even if it is telling me which forum I can go to...

TKSop · Posted: Wed Jan 12, 2022 2:18 pm Post subject:

You might have to ask him what he meant by it - could be several things, I can't imagine any musician with a grain of decency expecting exclusive ability to perform it in perpetuity unless they were paying handsomely for the privilege.

Perhaps they're hoping for a period of time (a few months perhaps) to perform it before it's generally available or something like that?

(This isn't the right subforum but I'm not sure exactly what is, I'm sure a mod will relocate it if necessary).

TerryAndreas · Posted: Wed Jan 12, 2022 2:23 pm Post subject:

Many thanks for your reply TKSop.

You're absolutely right.

I've just noticed that I posted it in the Mouthpiece sub-forum - what a floundering fool I am!!

I will have to talk to him but I'm terrified that he will re-think the offer. It's taken me over a year to get to this stage, you see.

I imagine he wants to premiere it and say it was written for him (which it was) then allow it to go to pasture (so to speak).

Many thanks TKSop - you have succeeded in reassuring me.

LittleRusty · Posted: Wed Jan 12, 2022 7:07 pm Post subject:

I would be open and honest with the conductor. Explain you were caught by surprise and didn’t fully consider the different ways this could be handled. Tell him that you want to “reward” them for previewing it and will arrange a mutually acceptable exclusivity period, while retaining normal copyright and publishing control.

peanuts56 · Veteran Member Joined: 21 Nov 2021 Posts: 229

Whatever you agree on you might want to get it in writing and have a witness. I composed and recorded a soundtrack for an advertising video that a guy I knew was filming. I did it all on digital keyboard. It was over 10 minutes long and I put in maybe 25 hours of work into it. Nothing was in writing. SOB never paid me. Live and learn the hard way, I guess.

TerryAndreas · Posted: Fri Jan 14, 2022 9:43 am Post subject:

Many thanks peanuts56 and LittleRusty,

When I see the conductor next I will mention in passing that he can have the piece exclusively for a year and then I will shop it around.

If he wants anything in writing (which I doubt) then that will be a new situation.

No money is involved in this situation so I think a gentlemen's agreement should suffice.

Thanks again for all your advice.

RETrumpet · Veteran Member Joined: 26 Jan 2021 Posts: 210

I've contracted with composers for commissions for larger groups and exclusivity is a pretty common practice.

We almost always get a year of exclusivity and performance rights for that year as well as copies of the score and parts, or joint exclusivity when we are part of a consortium. In one case we got 6 months because the composer wanted the piece to be available for the next school year and he gave us a discount on the front end to make that happen.

For subsequent performances, if the piece is published as a rental, we need to license the performance like any other group but we don't have to pay for the parts. If the piece is published for groups to own, we are considered to have an authorized copy and can perform it freely.

The composer also agrees that we receive free copies of any revisions in that first year. which is usually just us finding copy/format errors, etc.

Since there is some pretty significant money involved, we have all of this in a contract. Doesn't sound like you'll need a contract in this case (although it never hurts) but hopefully this gives you some context for the norms in these situations.
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TerryAndreas · Posted: Sat Jan 15, 2022 4:10 am Post subject:

Many thanks RETrumpet.

That is most helpful.

I can now approach the conductor and sound like I've done my research and I know what I'm talking about.

He can have the piece exclusively until the end of 2022. In which time he may perform/record it as many times as he likes and he can keep the score and parts for ever.

Many thanks again

Andy

Crazy Finn · Posted: Sat Jan 15, 2022 5:11 am Post subject:

This was informative for some of us bystanders to this thread as well. Thanks.
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LittleRusty · Posted: Sat Jan 15, 2022 9:31 am Post subject:

kehaulani · Posted: Sat Jan 15, 2022 9:52 am Post subject:

Terry, you do realize that the advice above is referring to pieces that have been commissioned for money. You're giving your piece away for free. The band director has no right to exclusivity.

If you think it's more important to get your piece played, I understand that, especially if you're just starting out. But you're also limiting your flexibility regarding other performances and the opportunity to sell it to a publisher.

The way I see it, because the music is for free, it's you that has the upper hand.
Are you sure the trade off's what you want?
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