Although the Proud Music Library has a catalogue of several tens of thousands of finished music titles, every now and then the presentation of customers is so special that we also do commissioned productions. As a rule, the customer also commissions a commissioned composition at the same time.
After a workshop with the orderer or customer, a layout is worked out as precisely as possible and fixed in writing (briefing). Here it is also clarified whether it should be a PRO-free-composition. This is the case if the authors have not concluded an administration agreement with a Performance rights organisation (PRO) or a collecting society (e.g. ASCAP, PRS, STEMRA, SOCAN, SIAE, SGAE, GEMA) with regard to the administration of mechanical reproduction rights and performance rights. Sometimes multiple layouts are created.
A layout is a pre-production of the commissioned composition in order to get an idea of the type and scope of the main production. In particular, the tempo, length and above all the instrumentation will be clarified. An arrangement is already being worked out to speed up the development process for the later main production.
The main production
The main production should be characterised by the artistic work, according to which the sound recordings are in the foreground here, i.e. the arrangement should no longer play a major role in this process, but clearly indicate the direction of the production. Studio time costs money and so do the musicians. Any “tinkering” with the arrangement can slow down the actual production, which can be cost-intensive.
After completion of the main production, the commissioned production is presented to the customer for acceptance. As a rule, there are hardly any improvements, provided that everything has already been sufficiently recorded in the planning. Since a contract production is a contract for work, the acceptance of the work is part of the main obligation of the work orderer. According to § 640 BGB (German Civil Code), a work is also deemed to have been accepted if the Contractor has set the Customer a reasonable deadline for acceptance after completion of the work and the Customer has not refused acceptance within this deadline, stating at least one defect.
Granting of rights
A commissioned production is worth nothing if the customer is not granted the necessary rights of use. These rights are called exploitation rights, which are usually granted exclusively – i.e. exclusively – in the case of a commissioned production.