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

Fri Dec 1 05:50:01 GMT 2006

We can still, as a group, discourage the inappropriate assignment of the
writer's share by not accepting such jobs, informing the one offering the
gig how it is wrong, and not publicizing such opportunities.

A composer offering to hire another, with is no upfront money, must be
taking part of his writer's share.

CM

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: Friday, December 01, 2006 12:40 AM
To: fmpro at nxport.com
Subject: Re: [Fmpro] From the Job Poster We've been Discussing

Problem is, ASCAP has virtually nullified the spirit of this rule by
allowing obvious cue sheet fraud go unchallenged for decades. They recently
signed a big animation house here in town (not SABAN), where it's been
reported for many years that writers are routinely required to sign over a
percentage of writership to a pseudonym of the CEO of the company. ASCAP's
openly embracing of this practice, widely known, sends a message loud and
clear to the membership: anything goes when it comes to writers royalties
and paying executives or anybody else who says they want a share of the
writers royalties.

Also, notice the exact language of ASCAP's rule - it refers to an
"assignment" of royalties. That means a transfer or redirection of royalties
that already are in place. When an executive demands 30% or 50% co-writer
credit just for giving you the job, that's not an assignment technically,
it's listing a co-writer on the cue sheet. Now if a writer was forced to
change a cue sheet after the fact to redirect royalties to another party,
that might be considered an assignment.

This reminds me of a huge battle I fought while on the Board of the Society
of Composers and Lyricists here on LA about 6 years ago. I fought to form an
Ethics Committee with the single goal in mind of that committee drafting a
statement taking a strong stand against cue sheet fraud - in essence saying
that if you didn't write something, you should not be on the cue sheet.
Amazingly, I had to fight an uphill battle at the SCL for almost a year to
get that established, and when they finally got tired of my pushing and made
it clear they no longer wanted me on the board, after I resigned they failed
to keep the Ethics Committee going and of course have not taken any official
stand that I can tell re: cue sheet fraud. The failure to keep the Ethics
Committee in place, I believe, was a huge mistake by the SCL and speaks
volumes to their agenda (or lack of one) as an organization regarding
fighting for the interests of score composers re: performing rights
royalties.  But as we've discussed, the lyricists are there to prevent such
things anyway, so I guess I shouldn't be surprised.

Best,

Mark Northam

On 11/30/06 8:10 PM, "Merritt Music Productions" <chris at merrittmusic.com>
wrote:

> 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

---------------------------------
Mark Northam - Publisher
Film Music Magazine
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
1-800-774-3700 x702 / (310) 645-9000 x702

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