[Fmpro] "non creative fee agreement" ??????

[Phil Kelly]

"feed back" on this ..whatever it is  ?

 >>" They want a simple contract that says the production
> company has paid him $10 (already gave him that money) for doing the 
> score
> on the movie and they own all the rights. <<<<


This so called "agreement" has got to be a gag... right?

the only missing detail not covered is the composer is also expected to 
pay for the Vaseline as well .

The only hope of ever getting some poor schmendrick to go along with 
this deal is to go to Lower Slobbovia and find a non english speaking 
pidgeon.

Again: IF this is real, the producer desiring this travesty is the 
definition of a "momser" ( according to some jewish friends )


Phil Kelly
www.philkellymusic.com
NW Prevailing Winds
SW Santa Ana Winds
Origin Records
On May 12, 2007, at 5:00 AM, fmpro-request at nxport.com wrote:

>
> Message: 6
> Date: Sat, 12 May 2007 01:49:37 -0500
> From: "Spin Cycle Films" <dominique at spincyclefilms.com>
> Subject: [Fmpro] Non-Standard Composer Deal with No Creative Fee
> To: <fmpro at nxport.com>
> Message-ID: <025501c79461$b60cf6f0$6601a8c0 at filmpc01>
> Content-Type: text/plain;	charset="iso-8859-1"
>
> I'm the Music Supervisor on a film where I spent about two months 
> picking a
> composer.  The producers have been adamant about this position being a
> non-paid position.  Now that the composer has been selected, I'm 
> trying to
> make sure that the composer and the filmmaker come to terms on a 
> composer
> deal that will work for both parties under the no creative fee 
> situation.
> Below are the terms and conditions I proposed to the producers.  They
> followed up below.
>
> Any feedback on this would be greatly appreciated.  Thanks!!
>
> Composer Deal:
>   a.. No creative fee paid to Composer.
>   b.. Composer provides a complete soundtrack for the film.
>   c.. The production retains the rights to the master for the life of 
> the
> copyright.
>   d.. Composer retains the writers share and the publishers share for 
> the
> life of the copyright.
>   e..  The production will license the publishing rights worldwide, in 
> all
> media, in perpetuity from the composer.
>     a.. This will be an exclusive, non-competitive license for 3 years 
> with
> a 1 year renewal.  After the 3 or 4 years, the license will the 
> continue on
> a non-exclusive basis in perpetuity.  This will prevent the composer 
> from
> using the score in any other project for the first 3 or 4 years. (If 
> there
> are any future licensing, after the 3 or 4 years, of the score by a 
> third
> party licensee, the licensee will have to license the master from the
> production company and the publishing from the composer.)
>   f.. The agreement will have a clause for negotiating the composer's
> participation in a CD soundtrack release, if there will be one.
> Producers Deal:
>   The production company wants the contract to read that they have the
> rights to the score that the composer composes and that they will 
> negotiate
> with the composer if they end up making a soundtrack.  The composer 
> will get
> royalties. (They have not explained what royalties they are talking 
> about
> and I doubt they are talking about performance royalties because they 
> have
> no control over that).  They want a simple contract that says the 
> production
> company has paid him $10 (already gave him that money) for doing the 
> score
> on the movie and they own all the rights.
> _____________________
> Dominique Preyer
> Music Supervisor/Music Publisher
> Spin Cycle Films