In the world of big budget music and motion pictures, money is what it is all about. Creativity, art or any other semblence of merit is sucked from the life of any production for the benefit of economics. Case in point the “contest” for the upcoming movie, Bratz.
The contest allows you as an artist to submit a song for POSSIBLE use on the film’s soundtrack. Sounds pretty sweet, right? Indie bands often find real success through film and television soundtracks. Some television shows have more validity in supporting musicians than labels do.
But, before you go flinging your best material at this picture, take a look at the fine print found under the “click here” button on the site.
1. Our Rights: You hereby grant to us the right to distribute and use, anywhere and everywhere in the universe, in any media, any sound recordings, musical compositions embodied in those sound recordings, pictures, videos, song lyrics and/or other content (collectively, the “Content”) submitted by you to us. We shall have the right to use, market, store, distribute, reproduce, display, perform, transmit and promote the Content in any way we see fit (including, without limitation, in synchronization with video portions of the Film, on a soundtrack album for the Film and as advertisements in connection with the Film and soundtrack album) without payment to you. We may therefore, without payment to you, reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Content in whole or in part, alone or together with other material, on all media (including but not limited to motion pictures, CDs, the internet, other web sites, television and radio), and in any format by any means now known or hereafter devised (including but not limited to MP3, Real Audio, and Liquid Audio).
For those lucky enough to not have to understand said crapola, let me try to boil it down for you. This means that, EVEN IF THEY DON’T CHOOSE YOUR SONG AS A CONTEST WINNER, they can do with it ANYTHING they want and they don’t have to pay you for it…EVER. What a great deal! You can give away the rights to your song by just clicking a button. But, it gets better.
We shall also have the right to use the Content in order to promote our products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing in your band or otherwise represented in the Content or the artist or band included or referred to in the Content without any payment to you or any other persons or companies. You agree to execute and deliver all other consents, licenses, instruments of transfer and all such other documents requested or required by us or our affiliates or licensees in order to carry out the purposes of this agreement.
Not only do they ass rape you for free, BUT they also get to use your photos, logos, etc. without ANY compensation. My favorite part is that YOU are responsible for delivering all the shit they need to them. In other words, they screw you and YOU get to do all the work. It’s like a “thank you, sir, may I have another” moment for any musician desperate or stupid enough to do this.
And it continues…
2. Exclusivity: In consideration of the rights granted herein (including, without limitation, the right to submit your song for the Film), as well as other good and valuable consideration, you agree that: (1) neither you nor anyone else will offer the Content in whole or in part to any person or representative of a recording company engaged in the business of manufacturing, selling and/or distributing phonograph records or a music publishing company, unless such person or representative is employed by us, and until ninety (90) days from the date you submit the Content to us, in order for us to determine whether we desire to use the Content;
In this part, they record label explains that they own you for 90 days. For 90 days, you can’t do a DAMN thing to promote or sell the work you submitted if it is affiliated with another label. That means you can’t press any CD’s, sell your song or even negotiate about selling it in conjunction even with an indie label for 90 days from the time you submit it because they own your ass. It’s worse than that, however.
and (2) in the event we determine that we desire to use the Content as contemplated hereunder, neither you nor anyone else shall negotiate and/or enter into any contract by which you will record as a featured or exclusive recording artist for any person, entity or recording or publishing company other than Geffen Records (or if we agree, Interscope or A&M Records) until four (4) months after we decide to use the Content, in order for us to determine if we desire to enter into a recording agreement with you for your exclusive services as a recording artist. For purposes hereof, Artist’s services as a recording artist shall include Artist’s services in connection therewith as a performing and video artist and producer. If we do not notify you within such four (4) month period that we desire to enter into an exclusive recording agreement with you, then our rights in and to the Content shall become non-exclusive.
This might be my favorite part. IF they decide they want to use your song for their crappy movie, you have to sit on your ass for FOUR MONTHS after that decision because they MAY want to sign you to a deal. During that four months, they have exclusive rights. You can’t bargain with anyone else for ANYTHING - you can’t score another deal, try to sell to another film, hook up with a producer, make a video…NOTHING…until they decide if they want to sign you to a shitty deal on one of their crappy labels.
I wish I could say that this is unique in this business. It’s not. Musicians are screwed from the minute they try to find any kind of commercial success because, to get it, you have to mortgage your art and sell your soul. I hope it’s worth it for whoever “wins.”
“I gave away the rights to my song by just clicking a button.”
Did you submit a song?
Ooops…thanks for the correction.