For those composers who are early in their careers or reviewing their first composer agreements, here are 5 insights on the process of reviewing/negotiating language in composer agreements that you may find helpful:
The initial draft of a long-form composer agreement that you receive for a project won’t always reflect the deal that was negotiated. There is a decent chance that the person who prepared the agreement on behalf of the employer failed to accurately incorporate all of the negotiated deal terms for whatever reason (e.g., oversight, misunderstanding, being uninformed, laziness, incompetence, intention, etc.). And when this is the case, it will usually be to the composer’s detriment. So, don’t sign any composer agreement without reviewing it carefully.
Deals with reputable employers don’t fall through because the composer (or their representative(s)) requested reasonable changes to the language in the composer agreement. I’ve found that some composers in the early stages of their careers are concerned about ruffling feathers by negotiating their agreements and/or asking for more favorable language in their agreements. However, it is to be expected that composers won’t be signing the first draft of any agreement they receive, and all composers should review and negotiate the language in their agreements (either themselves and/or via competent representatives). I’d be wary of any employers that take issue with composers doing so.
Attorneys don’t like to change certain language in their employer’s templates. It’s not unusual for there to be language in a composer agreement that both sides agree is overreaching and/or not applicable, yet the attorney for the employer refuses to remove or change such language. This can be very frustrating. The reason for the attorney’s immobility on the language may include, without limitation, things like: the attorney doesn’t have authority to change the language (and they don’t want to bother the higher-ups to ask for approval); the attorney doesn’t understand the language and/or the implications of changing the language, so they are afraid to change it; changing the language might affect deals the company has in place or may enter into down the road; the company doesn’t have systems in place to track or facilitate the applicable change; it’s “company policy”; and/or - probably my least favorite reasons - because all other composers they hire agree to that language or the composer in question doesn’t have the stature to warrant such a change. Nevertheless, don’t hesitate to push for appropriate changes when necessary (see point 2) and don’t hesitate to ask for an explanation as to why the employer won’t budge on something - maybe they have a valid reason you’re not aware of.
Finalizing paperwork takes time. Although the composer may be working on just one or a couple of projects at any given time, the other parties involved (e.g., the producers, the studio, the attorneys, etc.) are likely working on many different projects and may be juggling several projects that are approaching imminent deadlines. So, when a composer or their reps request changes to a composer agreement, it is not unusual for it to take a couple of weeks or more for the other side to respond to such changes. Don’t assume this delay means the other side is upset about something you’ve requested or that they’re looking for a new composer. And if you’re waiting on a response, it’s good practice to follow up (i.e., maybe once every 7-14 days) to see if there are any updates on the matter - sometimes agreements and emails simply get lost and forgotten in the shuffle.
Just because other composers say they always get x, y, and z in their agreements doesn’t mean you should automatically pass on a project because the employer didn’t agree to x, y, or z in your agreement. Definitely seek trusted advice and/or counsel, but at the end of the day, you’ll need to decide what is right for you and your career at any given time. And if you make an informed decision to proceed with a project because you felt it was the right project for you at that time, don’t let other composers’ opinions on the matter make you feel badly about it.