In the latest edition of BMIM Special, creatives from the music and media industries came together to explore the intersection of sound, music, and visuals. This special provided an in-depth look into how music and sound design continue to shape and transform the narrative landscapes of modern media. This time, we were looking into streamer contracts.
In this panel: Anselm Kreuzer (FFACE Vice-Chair, ECSA, DE), Valerie Dobbelaere (Film Music Publicist, Strike A Score, BE), Marc Huiskamp (Account Manager Members & Markets, BumaStemra, NL), moderated by Mark Gordon (Founder/Composer, Score Draw Music, UK).
What’s their best advice to stay in control of contracts?
Essential for a media composer: understanding the complex world of contracts, especially if you are going to negotiate with streaming platforms. During this eye-opening panel discussion, experts deeply explored the most critical aspects of contract negotiations. How do you make sure you get paid fairly for your creative work? What is the role of organisations like BumaStemra and other CMOs in protecting your rights? Find out below.
What do you do if you get offered less than you asked for?
Anselm Kreuzer: ‘Ask your counterpart to split the offered amount into its components like: commissioning fee, transfer of rights, exclusivity, publishing rights (if demanded), preparation of the deliverables like stems etc. This gives the counterpart a better picture of whether all thous components are appropriately remunerated. Once the total has been determined, the elimination of one or the other individual component can be negotiated, like: Exclusivity or publishing rights can’t be granted for this total amount or the deliverables are too extensive. Encourage your counterpart to prioritize the components and emphasize the value of each component while stressing that the full artistic result can be achieved without including all components. And don’t miss to limit usage rights to the project you are commissioned for.’ Mark Gordon adds that by doing so, you won’t be surprised when your first big commission gets used ten years later without your knowledge.
“Don’t miss to limit usage rights to the project you are commissioned for.”
Anselm Kreuzer
That brings us to buyouts, the ‘red lines’ in contracts. How do you handle keeping control yourself?
According to Valerie Dobbelaere, owning the rights to your own master recording in perpetuity in the world and the universe across all formats, including formats yet to be invented in the future, should not be a point of negotiation. ‘The streaming world has changed, where not owning the rights to your own work is left in the past.’ She refers to a law implemented in the European Union in 2019 after Nainita Desai wanted to release her score to American Horror Story on Netflix, but it was never used. She then never got to release her own music, which has changed since. Still, she advises to keep in mind that in many cases, it’s wise to negotiate about signing a ‘non-exclusive label-deal’ so that you can still release your work if it doesn’t get used by the streamer that was interested.
Imagine this: you’re asked to sign a publishing contract because streamers take interest in your music and use it in their media.
How do you get the best fee out of that?
Marc Huiskamp explains how this works and where BumaStemra comes in. ‘You’re often asked to sign a publishing contract because the streamer wants to own as much as possible from the music you make for them. They want to be able to use it in any kind of form and shape, so they don’t have to come back to you and pay you again’, he explains.
He details how Buma and Stemra (or collectively) get to work. ‘Buma represents the performance rights (historically built on reproducing physical copies of music), and Stemra provides a service for when music gets synched, next to many other services. See it like this: Say Netflix wants to use a commercially released song, for example, by The Beatles. The streamer has to come to Stemra and has to ask for permission, after which Stemra will contact the publisher and ask them how much it will cost. Now, obviously, that is based on composer retaining 100% of the rights, which doesn’t seem to happen much anymore.’ Of course, this differs between countries, too. ‘BumaStemra will help the composer in this process and make this a strong negotiation.’
As Mark Gordon concludes:
‘Keep on making beautiful things – and don’t forget there’s always room for negotiation!’
Pictures by Birgit Bijl
Text by Meike Jentjes