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Okay...I've told y'all about writing a theme song for a kid's TV show some years ago. I got the (unpaid) job by auditioning (badly) for the host's position, & playing one of my songs - "Jelly Bean Soup."

I ran into the guy that hosted that show today. He wants to use the title of my song "Jelly Bean Soup" as part of a title for a nutritional vid for kids. He also wants to use my song in an animated thing. He wants me to give him a price for the song, & the rights to record & change it & such, to fit his needs.

He also mentioned that he may want me to play it while he sings it, & wants to use my drummer's studio, possibly.

I have no idea what scale is on song sales, or if there is one. Should I go for a percentage, or give him a one-time price for a single use? What should I do to make sure I'm not screwing myself?

There are no music industry or copyright lawyers in my area. Believe me, I've tried to find them in the past.

Any good places to find info o/l? Anyone wanna refer me to a good lawyer who won't screw EITHER me or the other guy?

I got his card & told him I'd be in touch, so I have a LITTLE time to get my sh*t together.

HELP?

Last time someone asked me for the rights to one of my songs, it was "Morons," & I told then I'd sell it for 5 grand. Never heard from them again. LOL

This is great news Phil. I wish I could help you out, but alas I am as in the dark about such things as you. Perhaps more so.

I will however speak with our Father in your behalf.

God bless & God speed.

George

well phil I was readin this book on music legalities, and I didn't get to read it al the way through, but I'll tell ya this, you're going to want to consider the possibility of this vid being distributed far and wide, in which case percentage would be good for you, at least 12%, if you're concerned with how he could maim your song you might want to consider a stipulation that he has to get your consent to modify the piece, though he has the rights to it (not totally sure about any legal bearing on that one) I'd just google for it, the google seems to be pretty good for that sorta thing

I can understand him changing it, I mean, it is really kinda negative as far as food or nutrition goes...hell, if I were doing something like this I'd prolly write something else of my own & leave the other guy out of it.

I'm kinda honored & humbled that he wants to use it, really, & I'd like to see something I wrote work somewhere in this world, ya know?

That being said, I'd also like to make some money off of my work, & that song really was work to write & learn & perform for 15 years or so...LOL...get this - it's sorta country rap...yeah, I know, but it's a funny & loveable thing nevertheless, for lots of ppl.

So how do I make a buck off my work, fairly?

Hey, I have a book that talks about this very deal, but locating it at the moment isn't an easy task, so I was thinking, perhaps if you have a Barnes and Nobles book place in your neck of the woods, you could go there and look in the musicians department and find something that would help you out. If I manage to locate my book I will send you another reply.

I do know that you really want to find out what the law says in whatever state the song will be used in. For not every state has the same laws concerning copywrite laws. Anyways, hope that helps ya

I thought copyrights sorta fell under federal guidelines. I'll hafta look more deeply into that, too.

I have NO IDEA what to tell you. How about one thousand bucks and a lifetime supply of jelly beans. Or maybe just ask him to make you an offer and if it sounds reasonable take it.

Cool stuff Philby congrats to your writing don't matter what happens.

Good luck.

I have always been told by people that know a lot about the music biz.
Never ever sell the rights to a song. This is how a lot of people in the 60's wrote songs and only got a thousand bucks or so for a song while the record companies got rich off of songs that those poor desperate souls wrote, and they were in the exact same position you are in now philby. Approach this with caution bro. While you may not make the thousand bucks off of the song this way it will keep you from having regrets on down the road if the show and the use of your song really makes it.
I can't think of any of these songs (hadn't had my coffe yet) but you have all heard the horror stories. I know that when I was in the band Rare Seed the two leaders hired a lawyer that specialized in the music biz. and he counciled them for a $100.00 gave them some good advise I can't remember what the results were it's been to long ago and
(I wasn't there).

Allow them to use it (if memory serves me correctly) this is in the music for hire clause on the copyrite form.

In the music biz we all have that unrealist dream like the Boss sings;
(and the record company Rosie just gave me a big advance)

The fact is the music biz is not anything like winning the lottery you write a song and if anyone ever does use it and it gets big you are likely to be quite elderly before you ever see a dime out of a record company or the people making a handsome profit from it, and after all isn't that what the publishing co. are for.

Phil:

Fairly?

The good guy finishes last!!

But, if you are ok with that, like I have been most of my life, perhaps the "make an offer" suggestion is not so bad an idea.

If the party involved is truly interested a short period of offer / counter offer would not be unrealistic.

Some of the words (I've forotten part of it!) - the italics are spoken & the rest sung...

"I never liked my mother's menu.
I was always lookin' for a change of venue
And beggin' the neighbors for a bite to eat.
I wanted somethin' kinda appetizin'
Anything not quite so surprizin'
As a rutabega quiche with a side of french fried beets.

"I dreaded seein' her in the kitchen cuttin' onions & cryin'
Or sneezin' & wheezin' with flour flyin'
Cuz I knew that sooner or later I's gonna hafta eat.
We'd have a pork snout stuffed with asparagus tips
Or cabbage rolls tied up with licorice whips.
Yeah boy, I tell ya, them meals they was hard to eat!

"And every Sunday night we'd dine
Out on the front porch stoop
Just a-shovellin' in her fav-rite dish
You guessed it - jelly bean soup!

"Jelly bean soup! Jelly bean soup!
It's got a flavor all its own & it's fun to chew.
You gotta eat it while it's hot
Cuz if ya try to when it's not
Yer mouth'll stick together just like yer eatin' glue.

"Now the flavors got stronger when the food got cold
And my stomach's never really been that bold
So you can bet yer life, for dinner I was never late.
And all her meals, they were real colorful, too.
Lotsa orange, & yellows & purples & blues.
Yeah, it looked like Vincent Van Gogh barfed on my plate!"


I really need to go through the archives & find the rest of that old thing. I used to play it every Mother's Day.

As you can see, it never was a hit.

Check this out.
http://entertainment.howstuffworks.com/ ... alties.htm
maybe there is an answer there.

Maybe ECO.. (It IS the us gov't copyright office [uspto ])
https://eco.copyright.gov/eService_enu/ ... 1238208769

Kool lyrics, Philby!!
__________________________________
Ratsass wrote:

Check this out.
http://entertainment.howstuffworks.com/ ... alties.htm
maybe there is an answer there.

Damn dude, my eyes are bleedin' from reading all that bullsht!!!!
What a load. I guess an army of lawers is in order..

Whew! Thanks, ratsass! That Is a lot to take in at a single sitting.

It WAS published in order to get air-play by the now-defunct TV station, so I will assume that ownership & recording rights remain my own at this point, since they are defunct. I don't think I signed away anything regarding my personal ownership of any of the songs played on the two programs I was on, or the theme song they used weekly, for that matter, other than allowing them to air them for free. I made sure that was stipulated at the time.

Since I was published, I can now join BMI or ASCAP. Perhaps I should do that & have them help me with this dilemma. Do they do that?

AAaaargh! It does look confusticating, doesn't it? Whatever happened to the friendly handshake & trust? Oh yeah! Remember the Beatles...& everyone else who foolishly let their stuff be stolen out from under them...

Music is a complicated biz..
..But I guess, what do you expect from ANYTHING that makes money , especially these days, .. damm .. what's a musician to do..