Legal Question in Entertainment Law in California
I received an offer to use a song I wrote in a television show as background music in a scene approx 2min.
They asked for buyout rights for $450. If I agreed would that mean I transferred my copyrights &
publishing of that song to that entity? Or does that mean they never have to get a licence to use it again regarding that film?
2 Answers from Attorneys
If they are intending to get the "buyout rights," they are trying to get everything. You need to read the contract to determine what you are giving up and whether it is worth it. If no contract is executed you should be fine, but I doubt that will be the situation.
This will depend entirely on the terms of the agreement. It can either mean that they want to purchase a "lifetime synchronization license" for a given song or group of songs. In other words, they will have the right to synchronize the music with your audio and/or video productions an unlimited number of times without incurring any additional expense OR they are buying out all your right to the song all together (so you won't own it anymore). You should ask them to send you the detailed agreement and have an attorney review it for you.
Our law firm does these kinds of agreements. So feel free to contact me for a free consultation to discuss your situation further.
Kind regards,
Jim
Jim Betinol
Partner
Withrow and Betinol Law
www.wibelaw.com
P: 424.229.2560
F: 424.258.7001
Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.
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