202 !!Chapter 11
The Business of Video Game Composition
Confidentiality (Nondisclosure) Agreements
Composers are required to sign confidentiality agreements, also known
as nondisclosure agreements, before game publishers disclose information
about a game and/or hire composers to write the music. Standard confi-
dentiality agreements state that composers not reveal the following:
- The name of the project
- Information regarding the characters
- Information concerning the graphics
- Advertising and marketing strategies
- Technical information
- Game platform information
In essence, composers are not authorized to reveal any information about
a project to unauthorized parties. Many agreements prohibit composers
from disclosing that they are composing music for a specific game or game
publisher. The agreements are valid even if a composer does not accept an
assignment or the assignment is not offered to the composer.
Game Composers’ Contractual Agreements
Most agreements have standard clauses. Composers who have substantial
‘‘track records’’ (success) can often negotiate higher fees and percentages
of the ancillary rights than composers who have not attained the same
level of success.
The following list of headings is included in all composers’ agree-
ments. Agreements are not standard. Therefore, they are customized fol-
lowing the completion of negotiations between game publishers’ attorneys
and composers’ attorneys. (The following headings are an outline of the
information stated in an average agreement. Attorneys may negotiate
more multifaceted deals.)
Composers’ fees.Fees paid to composers are normally based on a pre-
determined number of minutes of original music required for the game. If
the number of minutes of music exceeds the agreed-on amount, there is
usually a formula that determines additional compensation. Composers
are usually paid on a per-minute basis. Consequently, if a composer writes
10 extra minutes and the fee is $1,000 per minute (with a guaranteed mini-
mum fee), the composer would receive an additional $10,000.
Recording budget.The cost of the final recording is generally handled
in one of two ways:
- As an all-in buyout. The composers are paid one fee and are
expected to pay the recording and mixing costs.