Ari's Take: CD Baby Pro vs. TuneCore Publishing (The Full Report)
CD Baby Pro vs Tunecore Publishing (The Full Report) . Most are non- exclusive, meaning you can work with a bunch of them. .. pub company - they already have all the relationships built (and they only take about %. and CD Baby (Rumblefish) are the top 2 music distribution services that . will not work with you if you have an existing exclusive relationship. contains the terms and conditions under which CD Baby offers the "Digital Download and music on badz.info is non-exclusive, the rights granted by you to us under this .. The parties hereto agree and acknowledge that the relationship.
The PROs then pool all of this money up and divide it amongst all of their songwriters and publishers based on the frequency and "weight" of each song's "public performance. PROs split "publishing" and "songwriter" royalties equally. This is not a deal you negotiate. This is just how they do it for everyone from Taylor Swift down to you and me. ASCAP is owned and run by its songwriter and publisher members with an elected board.
They represent songwriters like Katy Perry, Dr. It represents over 30, members songwriters and publishers and overcompositions. You can only sign up for one PRO. You have to choose. Find out what the PROs are in your country and pick one and sign up.
You must do this to get paid all of your money. You can also sign up for direct deposit which expedites this entire process. If you don't register a publishing company, you will only get half of your money. If you are an unaffiliated songwriter with BMI, you don't need to register a vanity publishing company.
This is a far easier option. If you don't, use SongTrust or Tunecore Publishing. Digital Distribution Company Some people call them digital aggregators. These companies are how you get your music into iTunes, Spotify, Apple Music, Amazon, Google Play, Deezer, Tidal and 80 other digital stores and streaming services around the world. I reviewed them and 6 others in this piece.
HFA handles US mechanical royalties what are mechanical royalties? We'll get to it. They are hired by companies like Spotify to calculate and pay out mechanical royalties to publishers. HFA represents 48, publishers. HFA also has streamlined licensing services their program is called Slingshot for companies needing to license music. HFA calculates, collects and pays mechanical royalties. They also issue "mechanical licenses. Admin publishing companies like SongTrust, CD Baby, Tunecore and Audiam will collect mechanical royalties for you if you signup for their publishing programs.
Admin Publishing Companies Admin stands for administration. All publishing companies have an admin department. They also have a synch licensing department. And many other departments. But, admin publishing companies have started popping up over the past few years to help unrepped songwriters like you and me collect all the royalties out there from around the world.
NOW LET'S BEGIN THE COMPARISON!
Note, Audiam technically describes itself as a digital rights management company - but they will collect your mechanical royalties and YouTube money. Synch Licensing Synch stands for synchronization.
A synch license is needed to synch music to picture. TV shows, movies, commercials, video games all need a sync license to legally put a song alongside their picture get it? Technically, so does YouTube and Facebook and you, when you make a cover video and upload it. Fun fact, virtually every YouTube cover is illegal. A publisher remember, publishers represent songwriters and compositionscould legally get YouTube to remove your cover if they wanted.
But no publishers are really doing this because YouTube is now monetizing cover videos and getting the publishers and songwriters paid through ad revenue. This is one of the few ways indie artists can get covers up legally without contacting the publishing company first or becoming a YouTube partner. Facebook on the other hand has no license in place with publishers so if you put up a cover on Facebook, as of today, it will most likely get ripped down.
Licensing Company Licensing companies work to get your music placed in TV shows, movies, trailers, commercials and video games. Independent licensing companies have been popping up left and right over the past 10 years.
Before that and still currently all the synch licensing was done within publishing companies. All publishing companies have synch licensing divisions. Some take a percentage of your PRO backend royalties as well, others don't. Licensing companies typically only represent artists who are also the sole songwriters. Licensing companies are one stop shops for music supervisors. They want to make it easy as possible for the ad agency or TV show to use the song.
Licensing companies can clear the songs immediately for the music supervisors. So if you co-write with anyone, FIRST make sure they are NOT signed to a publishing company if they are, it makes things very difficult and will almost certainly prevent a licensing company from working with you - or rather repping that song. And make sure you get in writing email is finethat you have full rights to the song to license without getting permission from your co-writers.
If they believe in your music, they will pitch you and work solely on commission. Many of the biggest licensing companies mostly won't take submissions directly from artists.
It's best to get someone they trust to refer you like another artist on their roster, a manager or lawyer.
Also, there are music library and licensing companies like Triple Scoop MusicAudiosocket and Music Bed that specialize in issuing inexpensive synch licenses for wedding photographers, corporations for in house training videos and indie film makers. This can help you bring in some extra dough. These kinds of companies are definitely worth looking into. But these can add up. There are a bunch of these music library companies out there. Just Google around a bit "music for wedding video" or "license music for indie film" or "license music library" and these companies will populate.
Most are quite selective about what songs they bring on to keep their quality up. But they all take applications from unknowns. If the quality is there and it fits their format - they're probably not going to take death metal or gansta rap for a wedding video licensing business.
Most are non-exclusive, meaning you can work with a bunch of them. If any company charges you up front for these services it's a scam. Run away to this comment section and let us know who these scam artists are! SoundExchange represent artists and labels whereas the other PROs represent songwriters and publishers.
Unlike the 3 PROs in America, SoundExchange is the only organization in America that collects performance royalties for "non-interactive" digital sound recordings not compositions.
So, Pandora radio is non-interactive, whereas Apple Music and Spotify are "interactive. That is a chance you take. This is the same thing we addressed above in the Identification of parties initial paragraph. Clearing all rights is your responsibility, as it should be even if this was a physical CD distribution.
This is an example of how unsettled this area is and why CD Baby needs the right to amend this Agreement. Once again, be certain that you have cleared the rights and are authorized to enter into this agreement. If you realize that you have not obtained the proper licenses, for goodness sakes, alert CD Baby immediately so you can stop the infringement.
Moses Supposes that there is a bias against urban music. What there would be a "bias" against, if there is any "bias" at all, is a "bias" against copyright infringement regardless of the genre of music. Since you can terminate with 30 days notice for any reason, it really has no bite.
MusicDish e-Journal - Analysis of the CD Baby Digital Distribution Agreement
Here is just an example of how it might work: Download sells for 99 cents. CD Baby then splits the 49 cents as follows: CD Baby has to cover the labor encoding and other costs.
Again, it is a chance you take. There are no guarantees in life. Is it the same price for one album as it is for two albums? Names and Likenesses; Promotional Use and Opportunities. So long as the use is limited to being in connection with the Digital Master, as it is. Same comment as before on the "or other use". CD BABY and any of its Distributors shall have the unrestricted right to market, promote and advertise the Digital Masters available for purchase as it determines in its discretion.
Without limiting the foregoing, CD BABY and any of its Distributors shall have the right to determine which sound recordings, irrespective of any particular artist, record company or label affiliation, would best further their commercial purposes, and to promote such sound recordings more than others. As to the rest, it is their business to sell downloads and they will promote the ones that will sell. Further, this is interesting because CD Baby seems to be implying that if the agreement is terminated, you get to keep your digital master files and clips that were encoded by CD Baby.
And as far as rights potentially falling into probate what could he be referring to? Even if a corporation were subject to probate, which it is not, dissolution is another matter this contract is subject to termination by you.
Modification, Termination and Effect of Termination. Either party shall have the right to terminate this Agreement prior to the expiration of the Term in the event that the other party breaches any material representation, obligation or covenant contained herein, unless such breach is cured prospectively, no later than thirty 30 days from the date of receipt of written notice of such breach, or if not able to be so cured, then resolved to the other party's satisfaction, not to be unreasonably withheld.
Sections 1, 3, 7, 8, 9, 10 and 11 shall remain in full force and effect following the expiration or earlier termination of this Agreement. We already addressed why CD Baby needs flexibility whether you like it or not. I would really like to see this termination procedure featured more prominently so there will be no confusion. While certain sections do remain in force, such as warranties and obligations to pay you, etc.
Indemnification and Limitation of Liability. Again, it is of the utmost importance that you have secured proper licenses. Copyright infringement is a serious matter. You want to be credited and paid for your work otherwise you would not be signing up for digital distribution so do accord the same courtesies to others.
Maybe CD Baby will consider changing it. That first phrase "Except pursuant to an express indemnity obligation" should be deleted, so long as 9a. Additional Representations and Warranties of the Parties. Each party represents and warrants that it has full authority to enter into this Agreement and to fully perform its obligations hereunder and has obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform its obligations herein.
Each party represents and warrants that it owns or controls the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by the other party hereto shall not violate or infringe the rights of any third party.
Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement.
Each party represents and warrants that it shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
A lot of this is redundant but that is just a matter of repetitive, rather than concise contract drafting. No Agency or Joint Venture. The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, employee, or representative.
Entire Agreement, Modification, Waiver. This Agreement, including any annexes, schedules and exhibits hereto, contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the parties.
A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.