Legal Question in Entertainment Law in California

Hello, My name is Peter Nolte and I recently penned a song (words & music) and now the company that I am an independent distributor for wants to use the professional recording that I recently made with my rock band for the companies major functions and gatherings. The song is a 3 minute "Rock Anthem" designed promote the product & to pump up the distributors, and the companies business.

Question: Would it be more beneficial to just sell the song to the company for a flat fee, or to get paid for individual playing or performance? (which would be very difficult for me to track). A lot of people throughout the business will be hearing me sing and play guitar. What is the best way to handle this opportunity and to perhaps promote my band and my career in the process? I just want to make sure that I get compensated, without burning any bridges. I write a bunch of songs, and there are a lot of really strong melodies and hooks. I would like to have some options ready when approached. Thank you.

Peter


Asked on 8/24/09, 3:06 pm

1 Answer from Attorneys
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Peter, it seems to me that you should consider asking for less money but use is contingent on recognition/credit. You also may want to consider more of a limited licensing situation (i.e., non-exclusive license with a reasonable licensing fee) so that if the song takes off then you still own it and can exploit it further.

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Answered on 8/24/09, 3:43 pm


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