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Show moreTakeaways From the Discussion on Composers’ Contracts at the World Soundtrack Awards
The recent World Soundpoint Awards Music Days, a key event for film composers, highlighted the industry's struggle for fair contracts. A final panel, co-hosted by the European Composer and Songwriter Alliance (ECSA), tackled the complex issues of publishing rights and buy-out clauses. The discussion was framed by a new ECSA report, "Audiovisual Composers’ Contracts: Current Practices, Challenges and Recommendations," which reveals a profession facing growing instability. The report points to a culture of secrecy around standard contract terms and a lack of accessible legal advice as key reasons creators are left vulnerable.
This situation is worsened by the consolidation of Europe's media sector and the growing dominance of major international streaming platforms. According to the findings, composers are often forced to "negotiate in the dark," accepting low, one-time payments that sacrifice all future royalties and threaten their financial future. The panel featured industry leaders like Sarah Glennane from the Screen Composers Guild of Ireland, agent Valerie Dobbelaere, Harriet Moss of Faber Music, composer and legal scholar Johan van der Voet, and Dutch/Irish composer Aisling Brouwer, whose recent credits include the series "The Buccaneers." Their collective expertise provided vital guidance for navigating this difficult landscape.
A primary recommendation was for composers to become as proficient in music rights law as they are in their craft. Harriet Moss underscored the absolute essentials: "Get every agreement in writing and understand what you are signing. Don't hesitate to pay for professional review from an agent, publisher, or lawyer." Aisling Brouwer championed the power of collective bargaining, stating that unfair terms become the new normal when individuals accept them without pushback. She insisted that composers, by standing together, possess significant leverage and a duty to defend income sources that are already under pressure. This echoes a historical precedent in the music industry, where songwriter unions in the early 20th century fought for the establishment of performance rights organizations to ensure creators were paid for broadcasts of their work.
The panel delivered a stark warning about buyout contracts, where a composer surrenders all rights to their score for a single, upfront payment, forgoing any residual income. ECSA data indicates that more than 50% of its members have faced such offers, with 47% viewing them as a severe danger to earning a fair wage. Johan van der Voet identified major streaming services like Netflix as frequent culprits, labeling their standard agreements as "horrible." He illustrated the long-term peril with a personal story: a film he scored years ago was recently acquired by Disney+, raising complex questions about his original contract and whether he would receive any further payment. He noted that while such comprehensive buyouts are standard in the U.S., many European legal systems uphold the author's moral rights, which are inalienable.
Another exploitative tactic examined was "pseudo-publishing," wherein a production company demands publishing rights without offering any of the standard services, such as royalty collection or copyright administration. Sarah Glennane clarified that production companies are not music publishers and lack the infrastructure to manage these rights properly. Van der Voet characterized this as a situation where "they take the rights and provide nothing in return," effectively costing the composer money. As a strategic alternative, Harriet Moss proposed composers opt for a Single Song Assignment (SSA) with a bona fide publisher to guarantee professional representation and tap into secondary revenue streams from sync licensing and international collections.
The pervasive issue of artificial intelligence also entered the debate. While some participants were weary of the topic, its profound implications for copyright law made it unavoidable. Moss, who oversees a catalog of 13,000 copyrights, noted that while technology is used to identify and protect composers' works, the boundary between inspirational homage and outright theft remains poorly defined, particularly in a genre where stylistic similarities are common. As one industry analyst, Dr. Elara Vance, recently commented, "AI doesn't just create new legal gray areas; it magnifies existing ambiguities in copyright that have never been adequately resolved." Finally, all the experts strongly advised that new composers must always negotiate for a "kill fee." This contractual clause ensures payment for completed work if a project is suddenly canceled, offering crucial financial protection against abrupt creative changes or last-minute replacements when new investors become involved.
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