Is it possible to retrieve exclusive rights on a beat I sold and was never used?

kazzaprod

New member
I sold a beat exclusively (by accident, first sale) two months ago and lets just say the beat was pretty good and getting popular.

So the guy I sold it to hasn't seemingly made anything with the beat, I'm sure he doesn't even know what an exclusive license is, he's an amateur rapper and just sent an offer for the beat randomly with no contact.

I haven't heard anything back from him at all, asked him if he ever finished the song, nothing back.

I want my rights back. Do I have to contact him and pay him his money back and get him to declare that I now own the publishing rights again?

Just want to know if there's anything at all I can do . Another guy has made a good song to my beat and he needs the rights. It's my dumbass fault for selling them, feelsbadman
 
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Read it. (Sorry, I don't have a Beatstars contract handy)...

GJ

My bad, I should've sent the contract. Could you read through this please and tell me what you think?


THIS LICENSE AGREEMENT is made on {CONTRACT_DATE} ("Effective Date") by and between {CUSTOMER_FULLNAME} (hereinafter referred to as the "Licensee") also, if applicable, professionally known as {CUSTOMER_ALIAS}, residing at {CUSTOMER_ADDRESS} and {TRACK_OWNER_FULLNAME}. (hereinafter referred to as the "Licensor"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled {TRACK_TITLE} ("Composition") as of and prior to the date first written above. The Composition, including the music thereof, was composed by {TRACK_OWNER_FULLNAME} ("Songwriter") managed under the Licensor.

All licenses are non-refundable and non-transferable.

Master Use.
The Licensor hereby grants to Licensee an exclusive license (this "License) to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form ("Master Recording")


Mechanical Rights.
The Licensor hereby grants to Licensee an exclusive license to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the "Recordings", and individually, a "Recordings") worldwide for unlimited copies of such Recordings or any combination of such Recordings, condition upon the payment to the Licensor a sum of {TRACK_PRICE_WORD} US Dollars (${TRACK_PRICE}), receipt of which is confirmed. Additionally licensee shall be permitted to distribute unlimited internet downloads for non-profit and non-commercial use.


Performance Rights.
The Licensor here by grants to Licensee an exclusive license to use the Master Recording in unlimited for-profit performances, shows, or concerts.


Broadcast Rights.
The Licensor hereby grants to Licensee an exclusive license to broadcast or air the Master Recording in unlimited amounts of radio stations.

Credit.
Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats under the name "{TRACK_OWNER_FULLNAME}" in writing where possible and vocally otherwise.


Synchronization.
Licensee may exploit and monetize from licensee's unique derived work(s) of composition for use on TV, Film, Video game or other synchronous projects. Licensee may represent other publishing owners of the original composition for exploitation and have full authority of granting non-exclusive license for synchronization use as long as credit and publishing information is provided to such agency.


Consideration.
In consideration for the rights granted under this agreement, Licensee shall pay to licensor the sum of {TRACK_PRICE_WORD} US dollars (${TRACK_PRICE}) and other good and valuable consideration, payable to "{TRACK_OWNER_FULLNAME}", receipt of which is hereby acknowledged. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the licensor shall have the right to terminate License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under applicable law, including, without limitation, the United States Copyright Act, as amended.


Indemnification.
Accordingly, Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney's fees, arising of or resulting from a claimed breach of any of Licensee's representations, warranties or agreements hereunder.

Audio Samples.
3rd party sample clearance is the responsibility of the licensee.


Miscellaneous.
This license is non-transferable and is limited to the Composition specified above.

Governing Law.
This License is governed by and shall be construed under the law of the {STATE_PROVINCE_COUNTRY}, without regard to the conflicts of laws principles thereof.


50% Publishing Rights: Kazza
50% Publishing Rights {CUSTOMER}
 
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MAJOR CAVEAT: I am not an attorney. Seek appropriate counsel.

From my reading of the text, the only option(s) you have are under "Consideration." Has the artist/licensee failed to pay the fee? Was it late? Has any exploitation of the song made any money or created any possibilities for royalties owed you that haven't been paid. Has he/she been responsible with reporting/accounting? That is the only "out" you have that I can see.

GJ
 
You could contact the artist you sold it to and inquire if they've used it yet, or like it. Maybe you'll get lucky and they'll say they hate it and aren't going to use it, and you can suggest a refund.

The contract seems pretty solid. Another alternative would be to write a beat thats similar enough to the one you sold but different enough where you won't get into any legal trouble down the line. Not sure how intricate the beat was, but i'm sure your new track would sound excellent with the same chord structure, overall groove, and a tweaked melody. Replace all the drum sounds, tweak the synths, do whatever you think you have to do to make it arguably different if it ever came to court.

Think of how many popular songs use the same 4/4 drum groove, with the same 4 chord structure over them. I'm sure you can work some magic.
 
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