GENERAL QUESTIONS ANSWERED. FOR ARTISTS.
Want to sign up? Start here. PLEASE DONLY CREATE AN ACCOUNT if you are a music supervisor or content creator looking for music for a project. Artist accounts are coming soon.
Q: How do your agreements work?of A: We have two types of agreements. Sync and Sync + Full Publishing. Both are MFN. Absolutely the same deal for everyone. No exceptions.
Option 1 - Sync representation. Non exclusive, per track/song. The split is 50/50 on sync licenses and 50/50 on royalties. 3-year initial term. Renews for one consecutive years.
Option 2 - Sync + Music Publishing. Exclusive per track/song. Keep 55% of all upfront fees. The initial term is 3 years. Renews for one consecutive years. Automatic add for Work For Hire or Custom Music Creation.
Full publishing means broader, worldwide monetization.
We distribute to major networks worldwide including UK (BBC, ITV) Korea and Japan, France ( France Medias Monde, Publicis, and many others).
Bottom line; You can opt into any one of the two. Whichever works for you.
Note:
The con in non-exclusive agreements is that multiple companies pitch your songs, which can be great, but there can be a dislike for getting the same songs sent by different people. This can, in the long term hurt the artist.
To combat this, we strongly suggest only having a small number of active nonexclusive agreements at a time.
Keep in mind:
You have to own or control your masters and publishing.
- Must be a registered writer of either ASCAP, BMI, or SESAC, or your country's Performing Rights Organization (PRO). If you have co-writers, they have to own their own publishing too, be a registered writer with a PRO and they must sign off on the agreement as well.
- You retain 100% ownership of all copyrights in the master recording and composition.
- Your deal with Audilus will not prohibit you from doing anything with your music.
- You are ONLY granting Audilus a NON-EXCLUSIVE (or EXCLUSIVE in the case of full publishing) right to pitch, negotiate, and issue non-exclusive ( or accordingly in the case of exclusive publishing representation) licenses for the use of your music by our clients.
- Audilus will collect and send you 50% of all up front revenue generated by the placements we secure for you.
- Audilus will pay the person submitting the track, who must then distribute the payment among all co-owners.
- Royalty payments are structured as follows: You, the artist, will be directly paid 100% of the writer's performance royalties by your performing rights organization for all the uses we have generated for your music. Audilus, will be paid 100% of the publisher's share by the performing rights organization. This payment is exclusively for the uses that we secured for your music and only those uses. It's a win-win situation where both parties are rewarded for their contributions.
- Audilus is committed to valuing your music appropriately. We firmly believe in the talent and hard work that goes into creating each piece of music. Therefore, we guarantee that we will never grant uses of your music for free. We will not engage in any "gratis" deals, and we will always ensure that your music is compensated fairly. We are dedicated to protecting our artists' rights and providing them with the payment they deserve for their creativity and effort.
- The non-exclusive agreement will last 3 years. Unless we receive your termination notice, 90 days prior to expiration, the agreement will automatically renew for another 1 years.
- The exclusive agreement will last 1 year. Unless we receive your termination notice, 60 days prior to expiration, the agreement will automatically renew for another 1 years.
- You will have to provide a full version, an instrumental version and a clean version (if lyrics are explicit) of your song(s). Also have available upon request, sheet music and stems for your songs (meaning each instrument as its own WAV file that can be stacked and mixed in a DAW as needed by the music editors).
- All versions of your songs will be added to our online searchable databases.
- All artists choosing our service receive the same deal under each agreement type or option and sign the standard agreement for each service. No exceptions will be made; the agreement will not be modified.
- We will not accept any tracks with copyrighted samples.
- We will not accept any tracks made with an instrumental, hook, or beat purchased from an online service (I,e: from Beatstars.com, Soundclick.com, Airbit.com), or any royalty-free buyout samples sites i.e: MakeHitMusic.com, Beatstars.com). ,These sites do not allow unlimited use in film/television placements
- If you or your co-writers have an exclusive administration deal for your publishing with a company like SongTrust (Publishing), Sentric, Cherry Lane, TuneCore (Publishing) or another publishing entity, we can not represent your catalog.
- If you or your co-writers have a full or co-publishing agreement with another publisher, we can not represent your catalog.
Option 3 - Music Agent Service. Covers your entire music catalog. Artists must meet our criteria. Interested in learning more? Send us an email at othniel@audilus.com
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Q: In your publishing agreement there’s no specific mention of the publishing percentage. What is the percentage split?
A: Our agreement refers to this in terms of the "publisher's share" and the "writer's share". Each comprises half of the total publishing shares.
50% of this is the publisher's share and 50% is the writer's share.
Q: I have sent my music, the metadata, and all the info you requested. What now? When can I expect my first placement?
A: We will first approve your music. After the music is approved and a schedule A is signed, we will add your tracks to our licensing library and make it available to our agents and clients to license.
Q: Do you pitch my music?
A: Yes, we pitch your music to various projects. We send out briefs and quarterly "looking lists" to inform artists of what we're looking for. This is exclusive to publishing artists.
It can take several months to a year or multiple to get a placement for a TV series or a major ad. Many factors have to align. But the better your music, the better the chances. And with Audilus, your chances only grow each day. Now that you have us as part of your extended team to help monetize your music, the only thing left to do is to continue to make great music and connect with your fans.
Q: Do I need to submit different versions of my music?
A: We require all cut-downs ( 15, 30, 60-second versions) for production music. Stems and underscores must be available.
Q: Do I need to have instrumental versions?
A: Yes - Instrumental versions of all music with vocals and lyrics must be available
Payments
Q: How do I get the money? Is it a direct deposit or a check?
A: It will be sent to your email where you can direct deposit it where you wish (Venmo, Bank etc..).
We use FoundBank for payments. You can create a Found account using this link: found.com/refer/KX2D5M
Found is FDIC-insured. You can link to other bank or payment accounts. If you have a different email or phone number other than your sign-up email or phone number that you would like us to use, please let us know.
Q: How do I know that my music was placed?
A: For Placements, if it's US TV, it will appear on your ASCAP, BMI or SESAC statement.
There's a 6-month delay between air date and the statement/payment date for Television. If the placement is not part of a larger deal then there would be an upfront fee which we pay out once it crosses the threshold.
Outside the US TV also works almost the same. For feature films and advertisements, we will let you know once the license agreement is executed by all parties, payment is made and the music is used.
Q: Do you send regular statements?
A: Yes. If you have accrued income.
What Is Sync Licensing?
Sync licensing, short for “synchronization licensing,” is the process of obtaining permission to use copyrightedmusic in conjunction with visual media such as TV shows, movies, advertisements, video games, and more. Itinvolves a legal agreement between the copyright owner of the music and the party seeking to use that music,allowing the synchronization of the music with visual content.
Here’s a breakdown of the key components:
Synchronization License: This is the actual agreement that permits the use of music in sync with visual oraudiovisual content.
Composition and Master Use Licensing: Sync licensing can involve two separate rights – the composition(the written song) and the master recording (the actual recorded performance). Both may require separatelicenses.
Music Supervisors: These are professionals who select and secure the rights to music for use in variousmedia projects.
Licensing Companies: Entities that represent artists and help negotiate sync licensing deals.
The sync license specifies the terms of usage, including placement, permissions, and payments. It’s a crucial partof the music industry, providing an additional revenue stream for artists and composers while enhancing theemotional impact of visual media with music.
Artists can benefit from sync licensing in several impactful ways:
Financial Rewards: Artists receive payment when their music is used alongside visual content such asfilms, TV shows, and commercials. This can be a significant source of income.
Exposure and Audience Reach: Sync licensing can introduce an artist’s work to global audiences,especially if the music is featured in popular media. This can lead to increased visibility and potentiallyattract new fans.
Residual Income: Some sync licensing deals can provide ongoing income over time, not just a one-timepayment. This creates a steady revenue stream for artists.
Creative Collaborations: Artists have the opportunity to collaborate with brands and creative projects,which can lead to further professional opportunities.
Expanded Opportunities: The demand for unique music in video games and online advertising hasexpanded licensing opportunities, providing more avenues for artists to showcase their work.
Overall, sync licensing is a valuable avenue for artists to monetize their music, gain exposure, and collaboratewithin the entertainment industry.
Real questions by real artists. Real answers.
Q: Can you tell me about me waiving the songwriter's share - pros/cons for both of us?
A: Sure. The agreement only mentions this with regard to auditioning or playing your music on our website.
You retain your songwriter share. We retain the publisher's share. You are not waiving any songwriter's share for any paid use.
Q: What would the plan be for “my song” - from fine-tuning it (very willing to do that) to getting it in front of people?
A: If a client likes your music and it fits their project, your music will be licensed. Simple as that.
Q: I received the exclusive contract. Can you break it down for me?
A: Key points of our agreement:
Standard publishing splits 50/50.
Sync splits are 55% for the artist
Optional 1 or 3 years
We register, and distribute your music globally to our sync agents for placement.
We pitch you music for TV, advertising, and other AV projects.
We grant and negotiate licenses for use of your music on your behalf
We work to raise the value of your music and create on going royalty income from the use of your music.
We monitor the airwases and ensure that your music is not used anywhere without a license.
Q: By retaining the writers share, the contract states:
In no event shall Audilus be responsible for the payment or collection of any third party royalties or other payments, including but not limited to “songwriter royalties” or the “writer’s share” of any royalties or other payments with respect to any Track, and Licensor shall only look to Audilus for the payment of such Direct License Fees received by Audilus as provided in Section 9(a) above. Licensor shall be solely responsible to monitor or engage in the maintenance or procurement of a valid license from ASCAP, BMI or any other performing rights society, and Audilus expressly disclaims any obligation to do so.
Should I therefore register the song myself with ASCAP for at least the sake of documenting that I’m the “writer”?
A: Feel free to register your songs, but do not add Audilus as your publisher. The publisher is required to register the songs with them as your publisher and add you as the writer for the term of the contract. We represent 6500 + songs and there are no incentives to cheat you out of one song.
However, we advise you to let us register songs that are unregistered that you want us to represent.
Q: Can you explain the clause regarding Collective Bargaining at Section 12 E? "Neither Licensor nor any other Person (including the performers of the Tracks) shall be entitled to any benefits under any collective bargaining agreement that may arise out of any Licensed Use, or any other use by any Person or the exercise of Audilus’ rights contemplated hereby."
A: All of section 12 is Representations, Warranties and Covenants of Licensor - and cannot be split sentence by sentence
The Tracks were not recorded under the jurisdiction of a union or collective bargaining
agreement, and all of the performers of the Tracks consent to the use of the Tracks as contemplated
hereby. Neither Licensor nor any other Person (including the performers of the Tracks) shall be
entitled to any benefits under any collective bargaining agreement that may arise out of any Licensed
Use, or any other use by any Person or the exercise of Audilus’ rights contemplated hereby.
Q: Please explain this clause (Section 12g): Licensor hereby gives Audilus the benefits of any representations or warranties which it has obtained or shall obtain under any agreement affecting the Tracks, including songwriters’ contracts.
A: See above
Q: In the rights to names and likenesses clause (Section 13), it states Audilus can use this in perpetuity, does this mean including after the contract should terminate?
A: Here's one way to think of it; If we post your album cover or share your music along with your album cover and picture, we cannot go around the world tracking everyone down to tell them to remove it after your agreement has expired.
Q: In section 14 A, "Audilus shall have the right to deduct or withhold income or other similar tax from sums payable to Licensor hereunder pursuant to the laws of the relevant territory, provided that Audilus shall, where readily available, furnish to Licensor, with each statement, any necessary information which shall enable Licensor, upon presentation of such, to endeavor to obtain income tax credit from the United States Internal Revenue Service or other applicable taxing entity for taxes so withheld."
- Can you explain this clause?
A: You will receive a w9 so we can report to the IRS any payments to you. If we are asked or required to withhold any payment by an entity such as the IRS, we will do so.
Q: Indemnity clause (Section 17): Being that I did not write these lyrics, yet are in public domain, can someone eventually sue?
A: Not eventually. Unless you collaborated with someone on the musical arrangement and did not properly compensate them for their work. For further info, please consult an attorney.
Q: Are there any other royalties that may be accrued via licenses that are not mechanical, synchronization, master use, or performance and are not mentioned in this agreement for reason? Such as digital performance royalties?
A: Digital performance royalties are performance royalties. We are not a record label. So we only deal with publishing-related royalties.
Q: You mentioned ownership reverting back to me once the term ends, however, the clauses on both “collection, and allocation of gross administrative receipts” (sections 10 and 11) states publishing income remain with Audilus in perpetuity. Can you clarify this?
A: We will collect in perpetuity, just as you would, royalties on licenses secured during the term of this agreement.
If you have further need to understand our agreement, we advise that you consult an entertainment attorney.
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