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

[Merritt Music Productions]

That would be a great start, wouldn't it?  Requiring a signature on the cue
sheet:

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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.

I hereby acknowledge that, to the best of my knowledge, the composers listed
by their respective cues are in fact the actual composers of said cues.

Signed __________________________________________

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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 1:14 AM
To: fmpro at nxport.com
Subject: Re: [Fmpro] From the Job Poster We've been Discussing

Agreed, but let's clarify: the job in question does offer upfront money, so
let's not unfairly group Michael Benghiat with those who offer composers no
upfront money.

I'll say it again - until the PROs stop tolerating, encouraging, and paying
known cue sheet fraudsters, the practice will continue and grow as bean
counters and such at the the production companies look for new ways to raise
money by taking a share of the writers royalties.

The PRO's behavior towards cue sheet fraud has legitimized the practice,
plain and simple. The fact that the ASCAP Board has (according to one board
member) voted against taking a stand against cue sheet fraud only proves
they want no piece of ending this abuse and, like the attendance records
debacle, speaks volumes as to their agenda and priorities. Why do you think
there's no "dotted line" to sign on PRO cue sheets? It's the ultimate way to
avoid any legal accountability for the practice of phony writers claiming
millions of dollars of royalties every year for music they never wrote.
Until ASCAP and BMI clamp down on the problem, composers are virtually
powerless to stop it since there are so many composers willing to take any
deal offered, royalties or not. It is those who operate the system and write
the checks (and make the rules by which the money is distributed) that have
the power to stop it, and that comes down to the three US PROs.

Best,

Mark Northam


On 11/30/06 9:50 PM, "Merritt Music Productions" <chris at merrittmusic.com>
wrote:

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

---------------------------------
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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