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Hi Roy, thanks for adding "Africa Sway" to your playlist. I've had good success with that track, it's even been used in two different feature films. Both are streaming on Netflix now. "1 Mile to You" and "Hector and the Search for Happiness". I even made the credits of "1 Mile to You"!

1 Replies
 
Author
Roy Elkins
over 30 days ago

Michael, Congrats on your success! It's no surprise to me that you are finding commercial success. Thanks for being a member! Roy



Hi Michael (Studio Nine Productions), Hope you don't mind me contacting you, but I see you were also chosen for a non-exclusive listing by Eddie Of The Sea (Bollywood and Indian tracks for new catalogue listing). Eddie has sent me a contract but it is EXCLUSIVE and the listing stated NON-EXCLUSIVE? Did this happen to you? I've pulled him up over it and waiting for a reply? Regards, David

2 Replies
 

Hi David, yes, I noticed the same. I haven't responded to his email yet. Tomorrow I plan to write broadjam to get a refund, as I never would have submitted if I'd known it was exclusive. I'll probably write Music of the Sea also on Monday and tell them Broadjam messed up the listing (even though it could have been Eddie messing it up). See what happens from there...

Author
David Banks
over 30 days ago

Thanks for your reply! Eddie did exactly the same thing to me in 2016? He agreed to send me an nonexclusive contract so I signed it and sent about 15 tracks (retitled) but he never downloaded them? His company seem a bit unprofessional. If he gets back to me with another nonexclusive contract I'm reluctant to let him have more than a couple of tracks!



Awesome music

1 Replies
 

Thanks, very kind of you.



Superb music!!

1 Replies
 

Thanks for listening!



Lovely song



Awesome!! Keep up

1 Replies
 

Thanks for listening!



Superb music!!



Author
Douglas Amell
over 30 days ago to Roy Elkins

Hi Roy. Just a thought for an idea for next year's 6-pack if possible. Instead of just scoring the top 20 songs in any can on a sliding scale, how about scoring the top 30. You would still only show the top 20 positions, but this would mean someone with songs in the 22nd and 28 th positions, which is still quite impressive, wouldn't necessarily get squeezed out of a top 20 spot by someone with tons of song submissions (none of which may even be close to top 20 but they score a single point per song submission, and so can knock out some worthier songwriting talent). Just an idea. Thoughts?

13 Replies
 
Author
Roy Elkins
over 30 days ago

Doug, Thanks for the feedback. Every year we tweak the 6-Pack and your input is timely. I am not sure what changes will be made, but we will address all of the suggestions that come in. All the best, Roy

Author
Douglas Amell
over 30 days ago

Thanks Roy. I really appreciate how you address members' concerns. Part of what makes me proud to share Broadjam with my friends from all over.

Hi Roy, long time since we've corresponded! How's everything?

I notice a major increase in broadjam's daily postings of licencing opportunities. Just wondering what's going on "behind the scenes". I guess you've reached out to a bunch of new opportunity providers? Looks like maybe ad agencies and song shoppers? Are you expecting to or have already seen a proportional increase in placements? What can you tell us? Thanks for any info!

Author
Roy Elkins
over 30 days ago

Michael, Thanks for this. As you pointed out, we have aggressively reached beyond film and tv into labels and agencies. It's a little too early to tell, but generally our numbers have been consistently around 9-11% for years. While I do expect more licensing and placement deals as the volume increases, I believe the percentage will stay about the same. Label deals are little more difficult, but we feel we have made some strong inroads into the pop & r&b worlds. Agency deals are a less difficult, but there is a lot of good competition here as well. We'll keep trying. Thanks for your observation and all the great dialogue. Best, Roy

Author
NashvilleJoe
over 30 days ago

Hey ROY--still in a lot of pain--but I managed to get to the library today for a little bit--THANXS FOR EVERYTHING--I might be back in action soon! Been pretty warm here in Florida--Hope all is well with you and your family--cheers--joe

Author
Roy Elkins
over 30 days ago

Hey Joe, Thanks for the note and glad you are up and around. All the best to you. Roy

Author
Tom Ballister
over 30 days ago

Hi Roy! Just a suggestion... about the page that always pops up after you submit a song... that "What would you like to say to the reviewer" page. It would be nice to see that automated. I save a notepad file with per-song comments I want to enter, always have to browse for that file, open it, select, copy, paste. I really do know how lazy I am, but it's a repetitive task. it would be nice if those per-song comments were extracted and saved/updated when the page is submitted, and then auto re-populated next time the songs gets submitted??? Best wishes for your holidays!!

Author
Roy Elkins
over 30 days ago

Hey Tom, Thanks for the suggestion. It doesn't seem like it would be that hard to do. I'll check with the guys. All the best to you as well. Roy

Author
john wayre
over 30 days ago

Hi Roy
Many thanks for including my piano pieces in top jazz.
Best regards
John Wayre

Roy, I have to say congratulations on your success with BroadJam. I just started doing song reviews again after a 7 year hiatus, and am amazed at the vast improvement in quality. Thanks again for BroadJam.

Author
Roy Elkins
over 30 days ago

John, Congrats. Good work.
Pursuit, Glad to have you back in action. Best of luck, Roy

Author
Al Hovden
over 30 days ago

Thanks for the 5 star rating on When You Were Here Roy! I really appreciate it!

Author
Roy Elkins
over 30 days ago

Al, You are welcome! Well deserved.



Congratulations on your selection for your song "Western Pickin".



There's a movie streaming on Netflix now - "Hector and the Search for Happiness". One of my tracks, an African piece, is used as source music for a scene one hour and one minute in. Takes place in an internet cafe and my track is very soft in the background!

3 Replies
 
Author
Abram Band
over 30 days ago

Congratulations! We are very happy ! This is great news! We can imagine how you must feel hearing your music playing. Dean & Jacalyn Abram Band

Thanks for writing! I actually saw the movie when it was out in theaters, on the big screen. It was a good time.

Also on Netflix now is "Inescapable" (the one from 2012 with Marisa Tomei). I also have a source music placement there and I'm even listed in the end credits!

(sorry, hope you don't mind a little self-promotion from me! That's what the internet is for, right :-)

Author
Abram Band
over 30 days ago

My God we are very happy to here the Good news!
Self Promotion I wouldn't call it that it is Success and placement in a Film! Hope for everyone on BJ. Thank you for sharing! Dean & Jacalyn Abram Band



Just passed 11,000 plays! Also had music selected recently by two different Broadjam licensing opportunities!

1 Replies
 
Author
Abram Band
over 30 days ago

Congrats on placements! That is great news! Dean & Jacalyn Sail Friend



>Message from Oskar Christian: musical greetings and best success<

Thank you Oskar, and the same to you!



Hello Starburst and thanks for the recent listens to my music and the five star ratings! I wish you continued success!

From one Massachusetts artist to another,

Michael Nickolas
Studio Nine Productions

1 Replies
 
Author
StarburstRecords
over 30 days ago

You're very welcome, Michael! I was so happy to discover such a great talent right here in good old Massachusetts! Love you work!



Thanks for the recent ratings!

1 Replies
 
Author
Abram Band
over 30 days ago

You are very welcome Friends! Abram Band



Thanks for the five star rating!

2 Replies
 
Author
Cyndi Corkran
over 30 days ago

My pleasure! Love "Latin Jazz Cue One"!

That particular cue was used on "The Voice". In the blind auditions it was played in the background during one of the packages on a singer!



Thank you for even listening to my music.
Yours is an amazing body of work!

5 Replies
 

Hello Shake,

My pleasure. I spent the first half of my music career playing in soul/funk/R&B bands with horns; now I focus on writing and production. I like the emotion in your music and your versatility as a writer and performer. I hear you put a lot of time into your background vocal production. The multiple tracks of each harmony note are blended well and nicely panned. I'll bet if we played the "do you know so and so game" we would find we have some connection in common! :-)

Keep in touch, feel free to email me via my web website. Maybe we can work on something someday...

Author
Shake Anderson
over 30 days ago

Are you seriuos bro?
It would be my honor!
i've been out of the loop for quite a while, so i'm just starting to get my footing again.
i was signed to Warner Chappell as a writer for several years then life got complicated and I lost my health and my focus.

I'm sure we would know some of the same people.
The truth is bro, I'm just trying to get something going again and prayerfully get some songs placed so I can start to feel something like validity?

Well, I'm sure you're finding a much different music business from the one you left. Song placements can give validity to your art. At least you get something as the money isn't what it used to be. :-)

It shouldn't be hard for you to get placements, you'll need to own your masters and copyrights (publishing). Send me an email via my website, maybe I can offer some tips.

Author
Shake Anderson
over 30 days ago

I own all my masters and have my own publishing company.
i have a couple recording studios in Louisville and Dallas and also have a production company.
Any help you might offer would be more than welcome bro

Well, I doubt I can tell you anything you don't know, given your experience, but glad to share with you how I get my placements.

Click "my website" at the top of my broadjam page and send me an email via the addressl on my website.



God Rest Ye Merry Gentlemen Wow loved the diversity, especially the Santana 's Guitar playing. Great Job Abram Band Dean & Jacalyn

1 Replies
 

Very kind of you, thanks for writing!



Author
GEORGE SLADEK
over 30 days ago to Roy Elkins

THIS IS AN OPEN LETTER TO ROY ELKINS FOR ALL THE MEMBERS TO READ IF THEY WISH: THANKS FOR THE FREE SUBMISSIONS THIS WEEKEND...I AM AN INSECURE "ARTISTE"...I SELDOM THINK I HAVE WHAT PROVIDERS ARE LOOKING FOR...I APPRECIATE THE OPPORTUNITY TO "TEST THE WATERS" ON SOMEONE ELSE'S TAB...HONESTY, THERE WERE SEVERAL OPPORTUNITIES THAT GRABBED MY ATTENTION AND I HAD TO SUBMIT ADDITIONAL SONGS...ANYWAY...THANKS ROY...MUCH APPRECIATED...GEORGE SLADEK

4 Replies
 
Author
Roy Elkins
over 30 days ago

George, Thanks for the kind words. All the best to you and yours. Roy

Hi George,

>I SELDOM THINK I HAVE WHAT PROVIDERS ARE LOOKING FOR<

It works both ways. I sometimes think I have exactly what providers are looking for and aren't even close! Good luck on your recent submissions.

Author
GEORGE SLADEK
over 30 days ago

MICHAEL: IT'S INSECURITY...PLAIN AND SIMPLE...
MY BIGGEST PROBLEM...I'M A PLEASER...
I DESPERATELY WANT PEOPLE TO LOVE ME...
SO FAR IT HASN'T HAPPENED OFTEN...
DUST YOURSELF OFF & GET BACK ON THE HORSE.
BE PREPARED FOR HARD LANDINGS...
HAVE A GREAT HOLIDAY SEASON...GEORGE

Author
GEORGE SLADEK
over 30 days ago

ROY: YOUR GENEROSITY IS APPRECIATED.
HONESTLY YOU DIDN'T HAVE TO...BUT YOU DID.
I MAY NOT GET PLACED BUT I APPRECIATE YOU.
NOW HAVE YOUR BEST HOLIDAY SEASON...GEORGE



Author
Roy Elkins
over 30 days ago to Roy Elkins

What are the odds of a solo writer getting a song on the pop charts? Here are some thoughts.
http://www.royelkins.net/2014/08/the-odds-of-writing-hit-song.html 1

6 Replies
 
Author
Adam Avery
over 30 days ago

Excellent as always, Roy.

Author
Frank Radice
over 30 days ago

Extremely interesting article Roy. Thanks for sharing.

Author
Crosseyed Miles
over 30 days ago

Great article ~GP

Roy, I wonder if the wild card is how many of the writers listed actually made a contribution to the song? In order to achieve this great success, are solo writers often asked to give up a portion of their writing credit and ultimately a portion of their royalties to persons not involved in the writing?

Author
Roy Elkins
over 30 days ago

Michael,

That's a good comment. I do believe that many of the artists get a piece of the writing/publishing side or the song doesn't make the album. The high percentage of hit songs has always had multiple writers. It the past, it was usually two and both of them actually worked on the song.

The other thought might be for search engine reasons. Songs can be found easier with more names attached, especially if those names are heavily searched.

I am not sure if any of this is Earth shattering and shouldn't be discouraging to anyone. But if one does get a cut on a song they wrote exclusively, don't be surprised if several other writers are listed by the time it gets to the record. It seems to be the trend.

Roy

Well, not something I'll be needing to worry about. My songwriting is on work for hire projects in the educational market. I'm thinking a song about learning to count to ten or learning colors is not going to break the charts. :-) But it's a living!



Hi Roy, how have you been? I'm enjoying Broadjam. I'm closing in on 10,000 plays and have two tracks on the World - Middle Eastern Top Ten of all places. Number 10, "Arabian Charm" is a cue I did a while back which was used in a feature film ("Inescapable" by Foundry Films) staring Marisa Tomei!



Michael

2 Replies
 
Author
Roy Elkins
over 30 days ago

Hey Michael, Thanks for the note and I was thinking about you the other day as I was recommending your guide to someone. I hope you are well. All the best, Roy

Thanks Roy. The guide is discontinued as the information is now a few years old. But have them contact me directly.

Michael



Closing in on 10,000 plays...!



Author
Roy Elkins
over 30 days ago to Roy Elkins

In the office listening to music on Bjam. The R & B Top 10 is as good as it gets. Blown away with the quality of the tunes here. Check it out.
http://www.broadjam.com/player/player.php?id=10 1

10 Replies
 
Author
Cyndi Corkran
over 30 days ago

Wow! Yes Roy, these guys are great! Really a sweet taste of the old R&B soul sound, with a new twist of Hip Hop....also a whiff of George Benson riffs!
Thanks for the turn on, and thanks for all you do here on BJ; a great forum for artist to share and experience each other gifts of magical sounds! :-)

Author
Roy Elkins
over 30 days ago

Cyndi, Thanks for the note. You are right, lots of variation. I just launched the list as I'm going to listen to it again. Thanks for being a member. Roy

Author
Cyndi Corkran
over 30 days ago

I'm currently listening to it all again as well. So many great artists out there!

Author
Roy Elkins
over 30 days ago

Just switched over to your playlist. Love your vocal style. Who were your influences? Very unique.
http://www.broadjam.com/player/player.php?artistID=5840 1

Author
Cyndi Corkran
over 30 days ago

Thank you Roy, so very much. So many vocalist have touched me through the years; first I have to say, ladies in the church choir, Billie Holliday, Joan Biaz, Joanie Mitchell, Johnnie Mathis, Van Morrison but the greatest of all, the late, great James Dewar, vocalist & bassist with Robin Trower (and before that, Stone the Crows). His vocals were so warm and rich, soulful with such emotional depth. To touch someone, through one's voice and message, is such a gift, and when I listen to "For Earth Below", "Bridge of Sighs", to name only a few, it's enough to make one weep, it is so heart piercing.

Author
Paul Messina
over 30 days ago

I have found that since I have been a member, the quality of music on Broadjam just keeps on getting better all the time. There are so many high quality musicians/composers on this site.

Author
Roy Elkins
over 30 days ago

I haven't heard the name Robin Trower in awhile. I played Into Money off the BLT album a long time ago in a cover band. Thanks for your thoughts Cyndi.

Paul, I am with you on this. When I started Broadjam, I never expected the quality of the music to surge like it has. It is pretty amazing at how much talent there is in the world. I listen to music at work and it seems that I find myself drifting off into the details of a song more and more these days. If you find something you really like, let me know. I am always looking for new stuff. Best, Roy

Author
Cyndi Corkran
over 30 days ago

The collaboration of RT with Jack Bruce, especially on "Into Money" was really a nice fit; would like to have heard your version:-) The RT Band is still going strong, and better than ever, except for the fact that Dewar is no longer here. Davey Pattison is their lead vocalist now, and having big shoes to fill, has been a powerful addition, especially on "Over You", and "I Want To Take You With Me", again, to name a few. Trower has added his own vocals on some really nice pieces as well.
I agree; the quality of artistry here on BJ is so varied and rich, and I have been enriched in so many ways, by the association, support and camradre of like hearts & minds; Thanks to all!

Hey, I'm on that list (admittedly at #10) with "Show Me" a song I did some time ago with a talented co-writer/musician Carl Carter.

Author
Roy Elkins
over 30 days ago

Congrats Michael. We should catch up soon. Hope you are well.....Roy



Author
Tina Dod
over 30 days ago to Roy Elkins

Thanks for your endorsement, Roy! I appreciate it! All the best, Tina

2 Replies
 
Author
Roy Elkins
over 30 days ago

Tina, You're welcome. I hope you are doing well. Best, Roy

Same here Roy, talk with you soon - Michael



Just went over 8000 plays. Thanks for listening, feel free to leave a comment!



Author
Bekker Audio Productions
over 30 days ago to Roy Elkins

Hi Roy, Tried to add the following to the "fader 5 " discussion but it's not coming through,
could you try and put it in there? thanks, Floris

Hi Roy, everyone,
regarding the Fader 5 developements:

I have emailed my contact at Fader 5, declining his offer.
He replied, that in this case, they are tied to the contract that's presented to them by the network that they represent. He also offered me to keep in touch. They will have other offers to make in the future that have less strict terms. thanks Roy for the opportunity! Who knows what may come of it in the future!
Isn't that what BJ is for, Bringing two parties together?
regards
Floris

5 Replies
 
Author
Roy Elkins
over 30 days ago

Floris, Thanks for the note. I appreciate your thoughts and input. Thanks for your info on Fader 5 as well. It is consistent with the conversation I had with them. It may not be the right deal for many, but it may be an opportunity for others. BTW: Best of luck in the 6-Pack this year.....Regards, Roy

Author
Bekker Audio Productions
over 30 days ago

Hi Roy, I notice that my message (eventually) did get into the conversation. It just didn't show up in my message window. I noticed it when I looked at it via your message window :)
Regarding Sixpack: Luck is what I Need.... but I am rational. I think It would be an achievement to stay in the top 20 this year (I submitted instrumentals and only in can 2 and 6.....) We'll see. At least it's good fun! Regards Floris

Hi Floris, we had some correspondence back when you bought my pricing guide. Nice to see you are being offered contracts, even if you had to turn this one down.

I can confirm what Roy has written. This contract seems to be in line with others of it's kind. I've never seen less than a 50/50 split on a library contract. I guess maybe if I were a top tier writer it's possible, but I've actually seen libraries going the opposite direction 60/40 or 65/35 in their favor (which I don't sign).

This contract is exclusive, but is not making an upfront payment to the artist. It is however paying 50% of any sync fee. In my experience, usually it is either/or. If the exclusive library pays upfront, it doesn't split license fees. If it splits licens fees it doesn't pay upfront. So this seems "normal".

What I would negotiate in this contract is " Yes, in the event that the piece of music is used - that piece becomes part of the library for the life of the copyright." I would want to see an income threshold here. Just because it is used doesn't mean you will see any significant money. I would rather see something like if the piece of music doesn't earn X amount of dollars in say three years, copyright reverts back to the composer.

Michael Nickolas

Author
Creative InRoads, LLC
over 30 days ago

(sorry. too many typos. let's try this again.) licensing seems to follow the standard procedure of the publishing industry in general. 50/50 for songwriter and publisher minus any advances and/or viable publisher expenses.

the songwriter portion can become smaller as some of the top recording artists require a "writer's share" if they record your song(s) on their release.

while this sounds harsh, place a song on a top selling release with monstrous airplay and the royalty checks can be rewarding. with a "standard" licensing contract where you keep a share or all of the writer's mechanical rights, if your fortunate enough to place a cue (or many) on a television show that goes into syndication - the dollars can keep coming for as long as the show is aired.

trying to get a handle on licensing, I investigated several of the established libraries. for example, take AudioSparx owned by Getty Images. they don't pitch per se but list you with tens of thousands of other writers/composers under genre. marketers, ad houses, etc. shop what's available and pay a flat fee for the cues they select, usually under a hundred bucks. 'Sparx takes 35% and you get the rest. what a racket, huh? yet, some folks make a decent living thru that portal cuz all they do, day in and day out is make 15, 30, 45, 60 second instrumental cues for these catalog services. (kinda like working for Walmart as a musical greeter).

as I see it, biggest problem that faces all artists, whether writer, performer, producer, composer - it's a percentile business that rewards very few monetarily. you gotta love it beyond talent to survive. and, if you take the time to visit other member pages on here and take a listen to their music or read their bios - you might determine we're all a bunch of uncurable music addicts.

but, then again, who's looking for a cure. . .

Hi PGO, I think you may be referring to Pump Audio, not AudioSparx... and Pump takes 65 giving you the 35. However they do not take 100% of the publishing like most companies, they split the publishing with you 50/50. This almost makes up for the 65/35 split of sync fees.



Author
Benjamin Stone
over 30 days ago to Benjamin Stone

!!!!!!!!!!!!!!!!!!ALERT!!!!!!!!!!!! !!!!!!!

DEAR FRIENDS AND MEMBERS.

Recently, I applied for an opportunity from Fader 5, which is supposedly some sort of catalog house or some such. I forwarded their contract to my attorney who sent me the following e-mail (free legal advice fore you):

"This agreement is not acceptable for the following reasons:
1. It is an exclusive license AND assignment of all publishing royalties AND your copyrights to the songs

2. If the song is used - their right to the copyright is permanent and you lose it forever, for no payment.

3. There is no mention of any payment of up front sync fees - so presumably they get them all

4. The costs are deducted - before payment of royalties and there is no listing or limit on those costs

5. In short, you are giving them your songs into perpetuity with no compensation.





An honest licensing agreement will give you all of the composer and publishing rights and royalties. It will not take any of your precious copyrights. It will pay the licensing agent a fair percentage of the income, i.e. 10% to 20% as long as the licensing agent 's gig is producing income with the song. In other words, the licensing agent is paid as an agent. Costs can be deducted from the initial payment of royalties, but you have to know exactly what the costs are and be able to approve or change them. Otherwise the licensing agent can deduct anything as costs and pocket it. "


If your songs get selected by Fader 5, or any other bullshit artist who would steal your work.....dont sign it. I think that Broadjam should be more diligent about the kind of contracts accepted. I paid much money to submit songs through broadjam, only to find out that it was a scam opportunity. I am greatly disappointed.

I hope that Broadjam will move to correct these types of issues quickly due to the fact it is an issue of credibility with artists. And if good artist stop doing business here, this site will be reduced to crap.

I would really like Mr. Ellkins to weigh in on this. Contracts should be legit, and offer something in return...




36 Replies
 
Author
Yuri
over 30 days ago

Thanks, Ben!

Author
Benjamin Stone
over 30 days ago

Here is the opportunity info:

opportunity ID: FT12AF05
posted: May 4, 2012
last date to submit: July 30, 2012
peer rating: May 11, 2012 - August 6, 2012
expected decision: August 31, 2012

Author
Tony James
over 30 days ago

Thanks Benjamin that's very helpful and also a warning to us all. It would be better if every opportunity had a copy of the contract available when advertised and also clearly said if exclusive or non exclusive.
best regards Tony

Author
Nicholas Palmer
over 30 days ago

Thanks! Your note confirms my suspicions that library requests are not a great opportunity for composers and performers, though it is entirely possible some are legit. If there isn't money on the table in an opportunity description, I don't bother spending money on a submission.

Author
Earle Brown
over 30 days ago

Thanks, Ben! This is a big disappointment and let down. I'm beginning to wonder if there is any hope at all for any type of success here at BJ. Again, 'Sad news'.
But, Thanks!

Author
Creative InRoads, LLC
over 30 days ago

Spot on Ben and thanks for the notice. I also agree, it should be a normal business function of Broadjam to screen the opportunity providers before allowing them to list on this site. Also agree with Tony that the providers terms be attached to the opportunity, possibly in the form of a PDF.

Author
Benjamin Stone
over 30 days ago

In Fact, contracts are. When you click on the "I agree to terms and conditions box" when submitting to an opportunity. That sentence is highlighted blue and is a link to the contract. However, many contracts are long and verbose with legal jargon, often shielding the the true intent of the contract in confusion.

I rarely read these contracts and only send them on to my attorney when they want to license a song, and the contract they e-mail to for signature needs professional inspection.

That said, just submitting can be costly for me.

My point, is that we ought not be subjected to unclear, or at the very least, bad contracts.

This site calls licensing "opportunities". However, the opportunity is implied for the artists who anti up their best, for merely the hope of an equitable exchange on the part of the "opportunity" provider.

Broadjam should simply not let said types of companies pray on us, who pay for membership here. What does paid membership become if we become exposed to thieves and vultures and pay to be submitted to them?

It is a problem that needs to be addressed.

Author
Bekker Audio Productions
over 30 days ago

hey Ben, I have the same contract here.... this is what I sent back to them earlier today (before having read your message) :
I have read the agreement and still have a few questions:

in paragraph 3 it's said that you take 50% of the gross income.
then in paragraph 5 you say that " Promotional expenses incurred by F5M
shall be recouped from gross licensing fees and sales income
prior to the calculation of royalties payable to composer."

that would mean that I am paying for these expenses alone.
So that would mean that if the expenses in a period are as much as my half of
the gross income for that period, I would end up with nothing?
Where is stated, how high those expences could become?

I mean, you take 50 % of the gross income (wich feels like a lot) , so why not share all promotional expenses as well?
make it an even 50-50!

in paragraph 6 it's read that if only one of my songs has been licenced, the agreement could
last forever? (more than 5 years)
( it can only be terminated if you haven't used my songs for licencing in a period of 5 years!) why is that?

regards
Floris

Author
Bekker Audio Productions
over 30 days ago

Also, When I metioned that I had other songs written for them, and asked them to listen to it, the answer was?:
"Thank you for sending more tracks. We appreciate it. I will let you know if we can use any of them when I can find some time to listen to them. As of right now, we are waiting for your agreement so we can place your track in our library. If we find any other tracks that we can use, we will happily sign another agreement for those tracks."
I felt some pressure there that made me very cautious! Why in the hell do they have that much of a hurry for me to sign a contract!? that alone gave me second thoughts.... regards Floris ( My GF studied Law here in Holland)

Author
Benjamin Stone
over 30 days ago

Yes, basically, they can justifiably pay you nothing, and keep your copyrights forever, making money off your work and never pay you anything.

Author
Roy Elkins
over 30 days ago

Ben and everyone, Just saw this and I have to step out for a couple of meetings. I will look into this upon my return and respond at that point. Thanks for your patience.....Regards, Roy

Author
Bekker Audio Productions
over 30 days ago

Yup, that's what I figured too! Sad story.
I am always cautious when it comes to sigining contracts!
It's a serious matter. in Holland we call them: "wurg contracten" translated: Strangle contracts. This really needs to be adressed by BJ!

Author
Wes Dinwiddie
over 30 days ago

Thank you for passing that along Ben. Just goes to show you there are still low-life, artist scamming companies out there. I just hope no one has fallen for this scam already.

Author
Jeff McAuley
over 30 days ago

I'm sure many have, on scams just like that... and I'm sure they still have opportunities posted. I've started to license a couple of things outside of broadjam, and most reputable people I have spoken with don't look favorably upon broadjam. I used this venue as an experiment. That time is almost over and I think I'm going to move on soon. I hope many follow. Thanks Ben...

Author
T-BONE
over 30 days ago

Thanks ben!

Author
V Padla Gootee
over 30 days ago

Thank you Benjamin for sharing this, and for everyone's input. This is truly an eye-opener, especially for me as I am learning the ropes of music licensing.

Author
Roy Elkins
over 30 days ago

Benjamin and everyone, thanks for bringing this to my attention. We have called the provider and asked them to contact us. There are a couple of points I want discuss with them and once that happens, I'll post again.

I have looked at this contract and it is clear what it says. This is an exclusive deal where the provider owns the publisher share for 5 years. Although these terms are exclusive, this is fairly common with publishers. Most publishers want to have an exclusive arrangement and some will offer up-front payment. Libraries will generally offer a non-exclusive arrangement meaning that you can sign the song with multiple entities. The key here is there is a revision clause, meaning that if they don't perform, then the rights are returned to you. Also remember, you can negotiate every point in any contract. If the other party does not wish to do so, then walk away.

We know that many our competitors do not require contracts to be posted before their members submit to their opportunities, this is the exact reason why we do require it. In the future, if you or anyone reading this need clarification before you post, I will be happy to provide my thoughts. With that said, I am not a lawyer, but please don't submit to anything that you are uncomfortable with.

Although it would be much more equitable, it is unrealistic to believe that a publisher is going to pitch and shop music for a commission of 10-20%. If you can get it, definitely take it. If the writer has a catalog that is already producing a steady stream of revenue, then administration deals in this range are somewhat common. However, if a song is not producing revenue at the time of the deal, then it is unlikely that a publisher would sign it for less than 25% of the song.

Once I hear back from the provider and get their thoughts, I will let you know. Thanks again for your thoughts and bringing this to my attention.

I hope this helps and best of luck to everyone,

Roy


Author
Phyllis Sanchez
over 30 days ago

Thanks Ben. Definitely good to know

Author
Bekker Audio Productions
over 30 days ago

Hey guys, here is the answer from fader 5 that I just recieved in my e-mail:
Hi Floris,


"Thanks for your questions. At the moment, with the networks we're working with, the terms have to be as they are in the agreement.
The promotional expenses pertain to an instance where we would be promoting a particular theme or composer on their behalf. This is unusual and we have never done it.
We don't subtract any expenses from our composer's fees in general. When a piece is licensed you receive half of the upfront fee and you always retain your writers share.
Yes, in the event that the piece of music is used - that piece becomes part of the library for the life of the copyright.


I fully understand your concerns and appreciate your reaching out - again, the solid nature of this agreement is in direct relation to the agreements Fader 5 has to sign with it's major licensors."

For me that would be a "no deal" I guess....

Author
Roy Elkins
over 30 days ago

Everyone, We spoke with the provider on this and consistent with information Floris provided above. Although it sounds aggressive, these are not uncommon contracts that providers need on songs when pitching to major networks. We will be discussing this further with them on Monday and possibly come up with some language that makes us all a little more comfortable. We have put the opportunity on hold until then and hopefully we will post an amended contract.....Thanks for your patience and have a good weekend.....Roy

Author
Bekker Audio Productions
over 30 days ago

Hi Roy,
I have emailed my contact at Fader 5, declining his offer.
He replied, that in this case, they are tied to the contract that's presented to them by the network that they represent. He also offered me to keep in touch. They will have other offers to make in the future that have less strict terms. thanks Roy for the opportunity! Who knows what may come of it in the future!
Isn't that what BJ is for, Bringing two parties together?
regards
Floris

Author
Rob Chisholm
over 30 days ago

Thanks for all the work you've put in Benjamin, from my "non-legal" background, the thing that I remember the most from the many doco's and biographies of songwriters I've consumed is that you never sell your songs. At the end of the day, if they're good enough they'll find a home. Selling off any song you've done better have some serious $$$'s involved. But having said that, I'm sure that Roy will edit out the "users" who may have perpetrated Broadjam, because to have these opportunity providers on here preying on all of us couldn't do the site too much good. Broadjam is just like any company, if it has a strong business charter, based on integrity and honesty for all it's members, it will grow and flourish.
Cheers,
Rob Chisholm

Author
Roy Elkins
over 30 days ago

Floris, Thanks for your thoughts and info. With our opportunity service, our job is to connect buyers and sellers. I, personally, haven't spoken with them at this point, but it appears that they are bound by an upstream contract. Hopefully, I will get clarification today.

Rob,
Thanks for your thoughts as well. We have turned down many providers over the years as they just didn't make the grade. It doesn't mean they are bad folks, just didn't work for our community. You are right, we only succeed if our members succeed. We have been at it nearly 13 years and hopefully more succeed will come to our members. There is nothing that thrills me more than when one of our members gets licensed and eventually placed. And to see our members collaborate and push each other is really rewarding as well.

One other note to everyone: I highly recommend the book Music, Money and Success by the Brabec Brothers. I have read many books on the industry over the years and met many of the authors. This book is the best I've read regarding the do's and don't's in the biz. And it's written so a non-lawyer like me can understand it. Definitely worth the $15 investment.....Best of luck, Roy

Author
Roy Elkins
over 30 days ago

I spoke with the provider on this. This particular listing was for a news piece for a major network. They required this contract from the provider as they may want to re-use the broadcast and/or song more than once. Therefore they don't have to pursue the licensing multiple times. Note that this particular network rarely uses non-exclusive material . The writer will still retain the writers share and performance royalties. Like I mentioned before, this is not uncommon. If you are uncomfortable with this type of agreement, please don't submit. The songs from this listing have been pitched and he is awaiting their response. The provider also said that he spoke with a couple of the bloggers here and cleared it up with them. He has stated that in the future there will be a different agreement. Hope this helps....Please let me know if you have any questions.....Roy

Author
Benjamin Stone
over 30 days ago

It may be becoming an industry standard , but it is not right or just.
If you go to their site, they claim to create all their own music. And then they come here and act like a pseudo- publisher. If fact they are not a publisher, but more like an agent. For they did not publish the work or create the work.

However, if they hold your's or my copyrights, they can say whatever they want about it. I tried to negotiate with them to, and got no response. Which leads me to think they are poorly funded thieves. And if you did take them to court, the main issues the court would establish is "who holds the copyrights", which are the foundation legally for any contest in court.

The fact is, if they take your copyrights, and can deduce "costs" from your share arbitrarily, then you are not getting paid.

I don't think anyone here is willing to do work for free so that others may profit off of it. We all expect some reciprocation.

I know that this issue puts Roy between a rock and a hard place But I personally believe that broadjam should protect our interests from these types contracts.

OTHERWISE, why are we paying loads of money, and for what? Broadjam must either be a legit resource for artists, or not....and if not....then what is it?

Author
Benjamin Stone
over 30 days ago

Again here is what a legal pro with 35 years experience said. Let us not obfuscate the issue.

"This agreement is not acceptable for the following reasons:
1. It is an exclusive license AND assignment of all publishing royalties AND your copyrights to the songs

2. If the song is used - their right to the copyright is permanent and you lose it forever, for no payment.

3. There is no mention of any payment of up front sync fees - so presumably they get them all

4. The costs are deducted - before payment of royalties and there is no listing or limit on those costs

5. In short, you are giving them your songs into perpetuity with no compensation.





An honest licensing agreement will give you all of the composer and publishing rights and royalties. It will not take any of your precious copyrights. It will pay the licensing agent a fair percentage of the income, i.e. 10% to 20% as long as the licensing agent 's gig is producing income with the song. In other words, the licensing agent is paid as an agent. Costs can be deducted from the initial payment of royalties, but you have to know exactly what the costs are and be able to approve or change them. Otherwise the licensing agent can deduct anything as costs and pocket it. "

Check out Fader 5, google them, no better yet, here is the link: http://www.fader5.com/ 1

Take note as to how they will market your music as their creation. with no mention of you, I see no mention of Broadjam or Taxi or any other outsource.

I have sold many many song's copyrights. The operative word there is "SOLD". I have ghost written and not gotten credit for the work anywhere. But what I did get was "PAID".

YOU MUST INSIST ON GETTING PAID! Or pack it up and keep your day job.

Author
Will Whamond
over 30 days ago

Thank you for your due diligence Ben, I find that these "contracts" are becoming very common. I turned one of these down also. Praise for your stance!
Best~
Will

Author
Onre Nobles
over 30 days ago

This is really good information what I've been finding out is. There are a lot of so called publishers who want to re title works. This is another red flag when you work hard to put music together and some one want to take it.

Author
Roy Elkins
over 30 days ago

Ben,

Thanks again for the opportunity to discuss this publicly. Here are some additional thoughts.

1.) In your case, you are an excellent proven writer and have a good track record, so you will probably get a better deal than most. However, someone who is new or doesn't have a solid revenue generating history will never get deal like what is being suggested. While a writer may be excellent and have a brilliant future, they may never get an opportunity if they draw this line in the sand. I am not suggesting this is right or wrong. I am suggesting that each writer review every opportunity and makes sure it fits your own personal needs and goals. Like you did, they should review the contract before submitting. With that said, the standard pub contract for a non-revenue generating song at the time of the deal is 50% to the publisher. There are a few that will go as low as 25%, but very few.

2.) Some networks make demands that seem unfair and publishers have to comply or they don't a chance to get their content placed. That is the issue here. If it's a cue, jingle, snippet or a song that has never generated anything, then I would be more willing to give up the copyright. And If they don't perform in a specified amount of time, the copyright reverts back to the writer. One other note about this: Most placements on records require a similar contract to this. So it is highly unlikely that one would place song on a record without agreeing to comparable terms.

3.) Most supervisors and publishers have a musical background of some caliber. Many do write and, at the same time, place music for other writers. And many have websites where they don't convey exactly what they do.

4.) Many will ghost write if they are paid. Many writers will surpass payment for a credit in a production to get their foot in the door. Each individual should make their own choice.

5.) Maybe this discussion seems to put us between a rock and a hard place, but that's why we're here. You should bring these questions to the forefront and hopefully we can provide some clarification, or another point of view.

6.) We have turned down many providers as we didn't feel it was the right fit for our members. Obviously, there is no reason for us to post who we turn down as there is no benefit to doing so.

7.) Maybe we should create a blog and address some of these issues and other contractual points not covered here.

I appreciate the commentary as I am sure it has been educational for many of the folks reading this, me as well. Just to reiterate a couple of things. Review all contracts before you submit and only you can determine what is right and wrong for your career. If you are not sure, then consult with a legal expert.

To everyone, If you have any questions or thoughts that you don't wish to post here, feel free to send them to me directly through our customerservice@broadjam.com email address.

Best of luck to everyone,
Roy

Author
Onre Nobles
over 30 days ago

Thanks for your feed back it is always good to hear good comments.

Author
Bekker Audio Productions
over 30 days ago

Hi Roy, everyone,
regarding the Fader 5 developements:

I have emailed my contact at Fader 5, declining his offer.
He replied, that in this case, they are tied to the contract that's presented to them by the network that they represent. He also offered me to keep in touch. They will have other offers to make in the future that have less strict terms. thanks Roy for the opportunity! Who knows what may come of it in the future!
Isn't that what BJ is for, Bringing two parties together?
regards
Floris

Author
King Seamus
over 30 days ago

Thank you so much for bringing this to everyone's attention, Benjamin. And thanks to everyone for their thoughtful input in this thread as well. Very glad I'm aware of Fader 5's policy now. I had seen them advertised on Music Clout and I'm glad I didn't submit any songs to them.

Hi Floris, we had some correspondence back when you bought my pricing guide. Nice to see you are being offered contracts, even if you had to turn this one down.

I can confirm what Roy has written. This contract seems to be in line with others of it's kind. I've never seen less than a 50/50 split on a library contract. I guess maybe if I were a top tier writer it's possible, but I've actually seen libraries going the opposite direction 60/40 or 65/35 in their favor (which I don't sign).

This contract is exclusive, but is not making an upfront payment to the artist. It is however paying 50% of any sync fee. In my experience, usually it is either/or. If the exclusive library pays upfront, it doesn't split license fees, if it splits license fees it doesn't pay upfront. So this seems "normal".

What I would negotiate in this contract is " Yes, in the event that the piece of music is used - that piece becomes part of the library for the life of the copyright." I would want to see an income threshold here. Just because it is used doesn't mean you will see any significant money. I would rather see something like if the piece of music doesn't earn X amount of dollars in say three years, copyright reverts back to the composer.

Michael Nickolas

Author
V Padla Gootee
over 30 days ago

Hi Benjamin and anyone else intereted,

I'm glad I read your original post a while back because I've run into an interesting situation myself right now. One of my songs was selected by a "music production company" whose email states that I would "retain 100% writer's share and we retain 100% publisher's share. Any licensing fee received from the client will be shared equally (the standard 50/50 split). Sky Bound becomes the exclusive publisher of whatever songs you allow us to publish. We have NO rights whatsoever to music that you've created that we DO NOT publish. Songs that become a part of the Sky Bound Entertainment catalog cannot be licensed by any other party." I understand the 50/50 split for licensing fee, but it's the part about me giving them 100% publishing share that worries me. From reading everyone's posts above this isn't good for me and turns over the copyright to this company and I lose the possibility of future royalties. But I am also torn because part of me says I should sign with this company because I'm new and I'd like to get some possibility of exposure, but at the same time my gut instinct is to turn it down because I don't want to give up all of my publisher share and copyright ownership. I'm also not sure about signing with them because they are exclusive- I won't be able to try to license this song with anyone else. I looked them up, and they are new (est. in 2010). Their site says they "create" their music - red flag. Should I go with my gut and not sign with them, or should I bite the bullet and take a chance with them? I would appreciate any advice or insight you can give me.

Author
Lorraine Colman
over 30 days ago

Hi - I'm interested to know what you decided in the end with this, as one of my songs has also just been selected my Sky Bound Entertainement and like you I am totally new to this. If you did accept their contract has it lead to any successful pitches? Thanks, Lorraine

Author
Benjamin Stone
over 30 days ago

My rule is simply that I dont turn over copyrights unless their is money up front.... I have turned them over before when I have sold a song...but only for cash up front. Also, I will not turn over publisher rights to just anybody. If they ask for copyrights and offer nothing beyond platitudes then I will not do business with them.

But I am a hard liner in this respect. I would have to know which opportunity you are talking about.



Author
Lori Jennerjohn
over 30 days ago to Roy Elkins

O'Roy...what happen to the notifications page. Not a good upgrade in my eyes! All is missing, and I like seeing and hearing about my connections progress? It don't have anything? What the hech??? Please re-evaluate what has been done? Fix back??? :) Lori

3 Replies
 
Author
Roy Elkins
over 30 days ago

Lori, Thanks for your feedback and hope you are well. The notifications page is in the upper right corner of the website. Let me know if this is what you are referring to....Best, Roy

Hi Roy, how have you been! About the notifications- FWIW the "Opportunity Updates" category hasn't updated for me recently. The last update is shown as happening three weeks ago, but there have been many more in the mean time. Was going to write support, but just kept waiting for it to straighten out on it's own. :-)

Author
Roy Elkins
over 30 days ago

Michael, Thanks for the note. We ran into a little snag, but it did get worked out. Thanks for all of your input, Roy



Nice soundz--Likin what I hear. I'm relatively new to BJ and thought I would stop by and and check your music. Thanks for the listen!
Donna Banks

1 Replies
 

Hi Donna, thanks for visiting my page! I enjoyed your music also. It's great that you can create in many different styles, that will help you be successful I'm sure!



Hi Roy, pretty quiet around here comment wise. Looks like a month or so since any postings! How's everything? I hope the new year will be great for broadjam.

I learned today I have two songs at number one on three different top ten lists. Latin, Latin/Jazz and Jazz/Swing. The songs are "Latin Jazz Cue One" and "Bring the Swing". Lots of fun!

Michael

1 Replies
 
Author
Roy Elkins
over 30 days ago

Michael,

Congrats on your Top 10 lists. Lots of good music on the site, so you're in good company...BTW: I love Bring The Swing.....Best, Roy



Studio Nine Productions releases the 2012 edition of "The Independent Artists Guide To Pricing Music"! Not sure what to charge for your music? This pricing guide provides the going rates for many different types of music placements! Film and TV are included of course, but also are opportunities like corporate training and presentations, internet uses, and promotional CD-ROMS. I've also added a completely new section outlining what you could expect to earn in "backend" writer performance royalties from your television music placements! Visit http://www.guidetopricingmusic.com 1



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