A vital topic during the World Soundtrack Awards Music Days, a prominent gathering for film composers, revolved around negotiating equitable contracts. The final panel of the event examined this issue thoroughly, delving into the intricate inconsistencies and challenges surrounding publishing rights and buyout agreements in the realm of screen music.
In collaboration with the European Composer and Songwriter Alliance, discussions stemmed from the alliance’s latest report titled “Audiovisual Composers’ Contracts: Current Practices, Challenges and Recommendations.” This report highlights a growing concern for the profession, stating that the increasing precariousness is fueled by “the secrecy surrounding contractual norms as well as the lack of comprehensive legal or contractual guidance,” leaving creators exposed.
“In recent years, this challenge has been exacerbated by the heightened concentration within the European audiovisual market, alongside the expanding market influence of non-European video-on-demand platforms,” the report continues, underlining how composers find themselves “negotiating without clarity,” often relinquishing royalties for “a frequently meager” one-time payment, which diminishes their career sustainability. “Should they reject such contracts or contest their terms, they risk being blacklisted and missing out on future work opportunities.”
To promote discussions on best practices and significant challenges, the WSA assembled a panel featuring Sarah Glennane, CEO of the Screen Composers Guild of Ireland; Valerie Dobbelaere, founder of screen composers agency Strike a Score; Harriet Moss, commercial rights director at Faber Music; Johan van der Voet, media composer and educator on copyright and contract law; and Aisling Brouwer, a Dutch/Irish composer known for “The Buccaneers.” Here are five essential insights from their discussion:
Understand Music Rights as Deeply as Music Technology
Glennane emphasized the necessity of understanding creative legal rights, referencing a quote from British composer Kevin Sargent. “There’s a fundamental baseline for that,” Moss added, stating, “Any contract must be documented. Ensure you grasp it wholly. If that’s unfeasible, consider hiring someone—a lawyer, an agent, or a publisher—to manage it.”
“It’s critical to engage with fellow composers about this,” Brouwer stated. “The terms we’re signing have become the industry standard, infiltrating the business norm. The more we accept them, the more they solidify into accepted practices. As composers, we possess significant power when we unite to advocate for our rights, and we carry the responsibility to safeguard our income sources that have already faced considerable erosion.”
Be Cautious of Buyouts
Buyout agreements typically require composers to forfeit all rights to their work in exchange for a singular payment, forfeiting any future revenue. The ESCA report indicated that 53% of its members endured buyout agreements, and 47% of audiovisual composers regard such practices as their primary obstacle to fair remuneration.
Van der Voet spoke about major streaming platforms in this context, expressing a desire to work with Netflix but lamenting their unfavorable contracts. “You may collaborate with less renowned directors, yet your music could end up on Amazon or other streamers later. I completed a film a decade ago that has just been picked up by Disney+. What contract did I sign back then? Am I due any compensation for this? Many composers fail to consider the long-term implications of what they sign. You need to remain vigilant about what you’re relinquishing.”
He noted that full buyout agreements predominantly belong to American practices, considering that many European countries and the U.K. do not allow a complete buyout of a writer’s share. “The American model permits companies to fully own the production. Though you might negotiate your writer’s share, it ultimately isn’t guaranteed. In Europe, we have authors’ rights, ensuring my authorial rights remain intact even with various contracts.”
Glennane underscored that buyout contracts effectively strip away revenue streams, observing that composers function as “speculators.” “This career requires speculation. You’re banking on your work being remarkable and deserving of both creative and economic acknowledgment. Royalties exist to reward that speculative investment.”
Production Companies are Not Publishers: The Pseudo-Publishing Issue
The ESCA report criticized the trend where producers and broadcasters compel composers to “cede or considerably diminish their publishing rights while failing to meet their conventional publishing obligations.” This practice is labeled as “pseudo-publishing.”
Glennane cited the use of video game music in screen adaptations as a pertinent example, asserting that production companies lack the publishing expertise to effectively negotiate or assume responsibility for publishing rights.
“The dilemma with pseudo-publishing is that they claim rights without any reciprocal benefits,” van der Voet explained. “For instance, a director collaborates with a production company, while some of these pseudo-publishers approach the production company to propose establishing a publishing entity on their behalf. Film production organizations are not music publishers. In the Netherlands, many composers have been pressured into signing agreements, yet afterward, nothing materializes, resulting in lost revenue.”
Moss, engaged in the publishing domain, advised composers to consider a Single Song Assignment (SSA). “We can publish an album or soundtrack, which also represents a chance for secondary exploitation if permitted.”
The AI Copyright Debate
Throughout the WSA Music Days, the topic of artificial intelligence permeated multiple panels. Given that it dominated discussions in the previous year’s edition, many attendees expressed fatigue over the ongoing discourse around AI’s role in composition. Nevertheless, it remains an essential issue concerning rights negotiation.
Moss shared her experience managing a small catalog of approximately 13,000 copyrights. “We are intimately familiar with every composer and their work, allowing us to quickly identify unauthorized use, but we leverage technology for fingerprinting and similar techniques to safeguard our composers’ creations.”
“However, balancing this is challenging,” she continued. “Numerous film scores bear similarities, leading to problematic grey areas.”
Embrace the Kill Fee
As the panel concluded, the participants were asked to share advice for aspiring composers. A consensus emerged: always include a kill fee. “You should have a kill fee provision in case of creative disagreements or issues,” Moss advised. “It occurs, and you need a contractual guarantee that any work already initiated is compensated.”
“I often tackle low-budget projects with limited fees,” van der Voet added. “Yet, other investors may express interest, which complicates matters. Suddenly, there’s additional funding, but the only variable available for change may be the music, leading to your removal from the project.”
