Poetry Rights for Choral Setting

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:

1. 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.
   
2. 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.
   
3. Is there something I am missing here, that would improve my situation?
   

Thanks in advance!

Ben

If you win this competition will the piece simply be performed and recorded for your own personal use, or will it be put on a CD that will be sold or used on the radio?

1) I don't advise signing away the composer/publisher royalties for the life of the piece. Bad idea.

2) Nope.

3) Contact the copyright holders and tell them your situation. I know it's often a royal pain in the butt to get a hold of these people and then it can take weeks to get a response, but they might be able to arrange something for you based on what you want to do. Or contact the competition and find out if they have had this issue in the past.

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:

... Please tell me, will you be using the entire poem or just a portion? Also, what kind of distribution, I any, will the recording receive? ...

... For the choral setting, I am using the entire poem. It is the intention of [the competition foundation] to release an album

comprising recordings of the winning entrants, both physically and digitally, through [a music publisher] ...

...Do you have an address where I can send you our Short Form Agreement for the non-exclusive rights to record the poem? The fee is $45.50 and additionally royalties are paid over sales ...

... I am not associated in any way with [the competition foundation] or [the music publisher], and therefore have no ability to sign a contract on behalf of them. Is there another way to obtain the rights without involving royalties over sales of the recording?

The recording is being made as the end result of a composition contest, so my composition is only eligible as a finalist (and thus, to be recorded) if the composition meets the competitions pre-requisites. One of these pre-requisites is that the lyrics either be in the public domain or freely licensed for use in the recording.

My only interest in this contest is gaining worldwide exposure for both my composition and for [the poet]'s wonderful poem. I am happy to sign over any royalties I would receive, as composer, but I fear that they will be quite insubstantial.

Please let me know if there is an alternative way of working something out. If it helps, here are the terms and conditions of the contest ...

... It’s fine. You as the composer just sign over the royalties and if there is further distribution it will go through you for this work. This is just the standard paperwork ...

What do you think?