[Fmpro] Song vs Instrumental Royalty Math (was Composing vs. sound design)

[Mark Northam]

Good observation, Chris. Let's look at the math using as an example the
earlier post today about how a production company was allowed to file cue
sheets filled with 6 second drum rolls and such marked as "background vocal"
which as is well known by now, means automatic feature performances at ASCAP
(and the other PROs) thanks to ASCAP's rules, which might be better called
the "Songwriter Bonus System".

Imagine 15 different drum roll cues, each marked with a different title, but
written by the same writer/publisher. Let's assume network TV, and a feature
performance rate of $1000 per performance, which is actually lower than what
it is today.

BACKGROUND INSTRUMENTAL PAY SCENARIO - $300.00
If these were marked as background instrumental cues, paid at 20% of a
feature performance for a one minute cue at ASCAP, they would be
"aggregated" together, to use the PRO term, so 15 cues of 6 seconds each
would be paid as 90 seconds of music, which would be paid $300 under our
scenario. Interestingly but predictably, only background INSTRUMENTAL cues
are subject to ASCAP's "aggregation" rules.

BACKGROUND VOCAL PAY SCENARIO - $3,750.00
If these same cues were marked as "background vocals" it would mean an
automatic feature performances for each cue. And as Chris pointed out, the
songwriters have rewarded themselves even further by the "short feature"
rule, which means at ASCAP that vocal (background or not) performances of 14
seconds or less are paid **for each performance** at 25% of a feature
performance, and are NOT AGGREGATED like background instrumental music is.
So in our example of the cues are marked and paid as background vocals,
they're paid at $250 per performance for a whopping  total of $3,750.00 -
more than 12 times what they would have been paid if they were marked as
background instrumental.

And of course, at ASCAP the more that is paid to the songwriters, the less
that is left for instrumental composers to be paid.

As one high-ranking PRO source once said, "You have no idea how all of these
feature performances are draining money out of the system..."

Best,

Mark Northam

On 10/6/06 11:44 AM, "Merritt Music Productions" <chris at merrittmusic.com>
wrote:

> I just want to make sure you don't get confused here.  If you have a 2
> minute piece of music in a show, you will be paid the current (crappy) rate
> for 2 minutes.  If you add one million little hits, swishes, bangs and
> whooshes on top of that music, you will STILL be paid for 2 minutes.
>  [...]
> This, of course, differs for song.

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