204 !!Chapter 11
ments are a part of the U.S. copyright law.) The agreements state that the
company (game publisher) owns all rights to the original music com-
posed, paid for, and used in a game. Composers do not usually receive
‘‘back-end rights,’’ meaning that they do not receive royalties based on
sales or ancillary usage. (Certain composers may receive a royalty.) The
rights to cues (individual compositions within a project) not used in a
game usually revert back to the composer after the final music has been
completed and accepted by the game publisher.
Ancillary rights.Some composers receive royalties when their game
music is used in other mediums, such as in motion pictures, television,
CDs, commercials, and additional formats. Composers’ royalty rates are
negotiable.
Some composers receive bonuses if unit sales of games exceed a prede-
termined number. Established composers may receive a royalty after
expenses have been recouped, but this is a rarity.
Composers’ credits.Clearly state the manner in which composers’
credits are listed on game jackets and in the advertising and marketing
campaigns for the games. Credit is important to composers because other
game publishers (and music buyers) are made aware of their work. Public-
ity brings new opportunities.
Most agreements also state that the company has the right to publish
the name and likeness of composers. This can be advantageous to both
composers and game publishers. For instance, if John Williams wrote the
score, his name could certainly influence potential customers to purchase
the game. Games containing songs by well-known recording artists can
help sell games. For lesser-known composers, having their names publi-
cized can expose them to future employers.
Litigation.If contractual problems or disagreements occur, the agree-
ment states the means by which disputes may be handled. Some agree-
ments state that disputes are litigated in a court of law. Other agreements
state that an arbitration panel will settle a dispute. The panel’s judgment
is usually irrevocable.
Legal proceedings generally take place in the state where the employer
is located. Most often, disputes are settled out of court.
Expenses.If composers incur approved expenses, the employer agrees
to pay. For instance, many scores are recorded in cities and countries other
than the city where a composer lives. This requires flight, hotel, and food
expenses. The company might ask the composer to orchestrate the score
for a 60-piece orchestra and then request that it be scored for an 80-piece
orchestra. If the agreement states that the composer is required to pay the
cost of the music recording sessions (an all-in budget deal), the budget
overage is paid by the employer.
Cross-collateral implications.Some A-list composers may receive roy-
alties on a per-unit-sold basis, which begins after the game publisher has
recouped its investment. Since there are multiple video game platforms,