Ben_Draper

Thanks for such a prompt response! If I win the competition, my piece will be recorded and put on a CD that will be sold and distributed both physically (as a CD) and digitally (iTunes, Rhapsody, etc.) There is also the likelihood that it will be played on radio as well. I also should make clear that I would never sign away the composer/publisher royalties indefinitely, only for this particular recording. Really, I'd prefer not to even do that. But if it's the difference between getting the rights in time to be a part of the competition and to take part in such a great opportunity for exposure, or passing it up, I'd rather give up the money. I contacted the copyright holders. Here is the correspondence: What do you think?

Hi All, I'm new to composition, am getting my first taste of the "business side" of being a composer, and could use some advice. I've composed a choral setting to Langston Hughes' "Harlem", and would like to enter it into a composition competition that has a prize of being recorded by a well-known professional ensemble. I contacted "Harlem"'s copyright holders, and they want me to sign a "Short Form Agreement for the non-exclusive rights to record the poem". This agreement includes a flat fee as well as "additional royalties paid over sales". So far, this all sounds like standard stuff. The problem is, I have no rights or control over the end recording, if I am to be selected. Therefore, I cannot sign over any sort of royalties on the recording. I can't enter the competition without the rights to the poem, and I can't obtain the rights to the poem without signing this agreement. My questions: If the copyright holders agree to it, would it be advisable to sign over my own (admittedly miniscule) royalties in lieue of giving them their own (since I can't do that)? Keep in mind that my only goal in this competition is the exposure, so the money is no object. Since there is no guarantee (far from it) that I will win the competition, is it likely that the flat fee would be contingent upon a recording of my piece actually being produced? In other words, would I get my money back, if I don't win? I know this is impossible to answer without a copy of the agreement, but I'm asking for your own opinion/experience in similar situations. Is there something I am missing here, that would improve my situation? Thanks in advance! Ben