[Fmpro] Sound design, Boston Legal cues, and more...

[Mark Northam]

Fascinating.

Clearly custom sounds can be copyrighted, or sound effects libraries would
be Public Domain which they're not.

So if ASCAP says their performance licenses with the broadcasters do not
cover the license (to the broadcasters to perform) for sound effects, then
how can broadcasters publicly perform copyrighted sound effects legally,
unless they have a direct license to do so from the copyright owner?

Speaking of sounds, it's interesting to consider that while "ooh" and "ah"
are words in the dictionary like any other lyrics, ASCAP will not allow
"background vocal" aka Feature Performance payment for instrumental music
with these words used, sung live or not. But if other words are used, even
imaginary words from made-up languages, they do treat these as background
vocals. Maybe they should rename the weighting rules the "Songwriters and
Lyricists Automatic Payment (SLAP)" rules, since they really are a slap in
the face to instrumental composers... Remember that the broadcasters make no
differential between score and song when they pay the money IN to ASCAP.

By the way, congratulations to talented composer Danny Lux whose
vocalese-laden very cool cues for "Boston Legal" are, I confirmed this week,
happily paid as background vocals (automatic feature performances) by SESAC.
The listing on BMI's database lists a BMI co-writer for "Boston Legal BG
Cues" who presumably is also being paid background vocal (feature
performance) rates for the music by BMI (if not, I'm sure he'd make a hasty
exit from BMI!). Assuming comparative rates to ASCAP, that's a 500% increase
in royalties for a one minute cue, and maybe even a larger increase with the
per-instance "short feature" rules that round up, not down, when it comes to
the timings of short vocal cues.

It's interesting to contrast that with the fact that ASCAP felt compelled to
arrogantly spend what must have been hundreds of thousands of dollars of
member money in legal costs and fees to defeat veteran score composer Peter
Myers (not to mention what it probably cost Myers!) whose score music also
contains vocalese by a live singer, and was simply asking that his music be
classified as "background vocal."

Sadly, the intentions of the ASCAP Board and Senior Management (who no doubt
approved the expenditure of so much member money to battle Myers) towards
instrumental composers and their music have never been more apparent.

Best,

Mark Northam

On 10/12/06 11:12 AM, "James Ryan" <jeryan at optonline.net> wrote:

> We didn't get that far.  I have a bunch of sound design running on a cable
> network, and in doing the cue sheets, I inquired.  They just said "we can't
> license sound design, only music," so obviously they don't pay on something
> they don't license.
> 
> James 

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Mark Northam - Publisher
Film Music Magazine
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
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