Composer Agreements Range from Simple to Complex

As well, these licenses are generally confined to specific markets for a limited period of time. By contrast, a one-time fee to a composer will get you unlimited rights to music which is tailored to your production. And the West Coast has a number of extremely talented and experienced composers.

Composer agreements range from the one-pager to complex agreements that are more than 20 pages long. However, the length of the agreement is not important (although you’re probably surprised to hear a lawyer say that). What is important is that the agreement covers a number of critical issues.

First of all, the agreement should set out what is expected from the composer for the fee that is being paid. For example, is it theme or background music, will third party music be used, how long is the music to be composed, when does it need to be delivered, what format is to be used for delivery and can the producer require changes to be made?

The agreement should also spell out what costs are to be included with the fee. Many composers offer a “package” fee, which means that the cost of performers who are used to create the music is included. Other questions to consider are who pays for residuals that may be payable to the performers and license fees for third party music.
An issue that is often contentious is who will hold copyright. Many composers like to hold the copyright in the music they have composed and license the use of the music for the specific production in which it will be used. On the other hand, producers want to hold the copyright because they feel that it gives them full control to exploit both the production and the music, including sound track rights, and they don’t want the music showing up in other productions. The tug of war over ownership is often more philosophical than anything because in my experience, the originally composed portion of a soundtrack for many productions is rarely used for anything beyond the production.

The composer agreement should also deal with the question of royalties (which is a separate issue from ownership). The largest source of revenue is generally from public performance royalties. These royalties are payable when music is publicly performed and are collected in Canada by SOCAN. For example, SOCAN collects royalties from broadcasters based on music which is heard in televised productions. Composers generally receive the so-called “writer’s” share or 50% of these royalties. The other 50% or “publisher’s” share is often taken by the producer but may be allocated to the composer, depending on the fee being paid. The agreement should also address “neighbouring rights” and associated royalties which are created by the performance of the music.

There are a number of other potential fees or royalties from exploitation of the music in other markets that may be covered in a composer agreement. The need for such clauses will depend on the profile of the production, the type of music to be composed and the marketing that is planned.

Finally, composer agreements typically contain a waiver of moral rights (which protect the personality or reputation of a composer). Without this waiver, a producer may be limited in the way the music can be edited or re-used in a different context. The right to use the likeness and biography of a composer should also be obtained if the composer’s reputation will assist in marketing the production or a soundtrack album.

The Guild of Canadian Film Composers has developed a model composer/producer agreement, which contains a number of optional clauses as well as good explanations of the issues that need to be considered.