[Fmpro] From the Job Poster We've been Discussing

Fri Dec 1 04:10:11 GMT 2006

I certainly appreciate Michael's open response.

This is copied and pasted from ASCAP's website:

"As a condition of ASCAP membership, all writer and publisher members agree
that, even in work-for-hire situations, the writer and not the employer will
be paid the writer's share of ASCAP performing rights royalties. In
addition, ASCAP's Articles of Association provide that, with only very
limited exceptions unrelated to work-for-hire situations, writer's royalties
"shall not be sold or otherwise disposed of." Hence, subject only to those
very limited exceptions, ASCAP will not honor an irrevocable assignment of
writer's royalties but will, notwithstanding such an
assignment, pay writer's royalties only and directly to the writer
member-in-interest."

END QUOTE

http://www.ascap.com/about/payment/paymentintro.html

This means that if you did not compose a piece of music, your name should
not be on the cue sheet.

This is all we have left as individual composers.  If music companies would
respect this ASCAP mandate, then the producers could not get away with
paying a music company so little.

You are taking advantage of a composer.  If he is collaborating with you on
a cue, then you share the royalties.  If he is writing a cue by himself,
then HE should get the royalties for that cue.  Period.

Please explain how I am wrong here.

Chris

Merritt Music Productions LLC
9701 Clearwater Drive
Knoxville, TN 37923
merrittmusic.com
(323) 306-3057 (Los Angeles)
(347) 767-2952 (New York)
(865) 686-6388 (Knoxville)
(865) 300-5473 (Mobile)
(323) 306-3058 (Fax)

-----Original Message-----
From: fmpro-bounces+chris=merrittmusic.com at nxport.com
[mailto:fmpro-bounces+chris=merrittmusic.com at nxport.com] On Behalf Of Mark
Northam
Sent: Thursday, November 30, 2006 10:12 PM
To: fmpro at nxport.com
Subject: [Fmpro] From the Job Poster We've been Discussing

Hi All -

I contacted Michael Benghiat, the composer who posted the additional
composer ($100/cue) JobWire we've been discussing at length and asked if he
could provide any further information about the circumstances surrounding
the job and what it was all about in order to help us all understand a bit
better what's going on with this particular situation. He was kind enough to
respond with the following:

===================================

To FMPRO List Members from Michael Benghiat

In response to the discussion generated from our ad posted for the Primetime
Special Theme, the low upfront fees that clients are willing to pay is a
reflection of the state of the music business today.  We are just passing
this along, not trying to take advantage of it.  This client is a major
producer of programming, and in their view, they don¹t have any reason to
pay composers more than they do.  Good composers, and good music tracks, are
today dime a dozen.  Composers, without a union or representative group,
have no leverage to demand more for their services.  Producers of shows and
content know that if one composer passes on the job, there are literally 100
more waiting to take the job.  This is unfortunately a fact in the music
business today.

On the other hand, this client, although they take the publishing, they know
that composers will get compensated on the back end, which can be
substantial in this particular client¹s case.  They prefer this arrangement,
because it does not cost them anything when composers get performance
royalties.

As most of you are aware, upfront composer fees have dropped dramatically in
the last 5 or so years.  It is a reflection of supply and demand; technology
and the digital music revolution have enabled many people to enter the
composing and songwriting business with just a small capital outlay.   The
availability of great quality computers and equipment at low price, free
programs such as Garage Band, and low priced programs such as Reason have
resulted in a huge amount of good quality music being created, and looking
for a home.  Sony even has a software program that lets editors, producers,
and content providers create their own scores, all for under $250.00.

We are not trying to take advantage of anyone in this listing. Although we
generally do 50/50 splits on jobs we contract to other composers, as is
quite often done, we were willing to pass 100% of the upfront money on to
the composers on this theme job, because it is so low, and writing this kind
of intensive orchestral music is very time consuming.   I have been a
fulltime composer for the last 16 years, and I have seen and continue to see
the changes in the music business first hand.  I¹ve personally seen how
music budgets have either decreased or remained constant the last 7-8 years,
despite inflation in all others areas of life.  I recently completed a job
that paid the same fee as it did 9 year ago.  I had no leverage to ask for
more, though I tried.  They had no reason to pay moreŠ.

Our job posting listing is just an opportunity.  You can take advantage of
it or not.  That is everyone¹s choice.  But as in life, you never know where
an opportunity can lead you down the road, especially in the music business.
So I would say to each person reading this to consider what you want out of
your music career and how you are going to get there, consider how
technology has changed and is changing the field and job opportunities,
consider the opportunities that present themselves, and continue to get as
much education about how the music business works.  It is the combination of
preparation, knowledge, and opportunities that equals continued success.
Good luck!

Michael Benghiat

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