Songwriter Chris Rice says it is the “Donum Mundus clause” in this interesting post:
I have introduced a new clause (or provision) into my label contracts called the Donum Mundus Provision, which will serve as an example to artists, labels, publishers, and others in the music industry. I insisted on this new legal language in order to call attention to the concept.
Here’s the concept behind the provision: In an exclusive recording or publishing agreement, a writer or artist is giving up his/her right to compose or record any work for anyone other than that publisher or label. There is nothing wrong with an agreement like this. But in order to reserve the freedom to create something outside of that contract, for no other reason than to beautify the world, a Donum Mundus clause provides the artist/writer with an exception to the exclusivity. An exception of one song per period, or one song per record, (or any terms agreeable to both parties) that the artist/writer may write or record one of his works to GIVE AWAY, without obligation to the label or the publisher, and without compensation of any kind to himself. Simply as a GIFT TO THE WORLD (DONUM MUNDUS).
This is essentially accomplished by declaring the song, at its creation, a PUBLIC DOMAIN work. That work is therefore free to be used by anyone, anywhere. It is still copyrighted to the composer/author, but no compensation is sought. It is a gift to the world–a concept that has been lost in the shuffle of intellectual property rights.
I still believe in intellectual property rights. I simply want to reserve for myself and other artists the ability to create something, outside of the confines of an exclusive contract, that I can offer to the world as a free gift, no strings attached.
Note that this post is from February 2007.
At least two questions arise:
1. How has this worked for Chris?
2. Have other songwriters/artists followed his lead?