[Fmpro] Writers and Publishers

[Mark Northam]

Hi Doug -

On 8/1/07 8:28 AM, "Doug Wood" <daw at procomposers.org> wrote:

> Splits: The split of royalties between composers and publishers is a matter
> of contract, not law. The general rule is for publishers and composers to
> each receive half of the mechanical, synch and performance royalties.

Apparently not in the eyes of some of the major music libraries that refuse
to share the sync royalties with composers... They see the payment of the
up-front fee (which actually is purchasing the copyright) as justification
to keep 100% of the sync fees.

> Many
> writers have their own publishing companies (and thus end up with more than
> 50% of the royalties). There are situations (some library music contracts)
> where composers receive a flat up-front fee for synch and mechanical
> licenses in lieu of royalties, which may, in the end, turn out to be more or
> less than 50%. Joining a foreign PRO won't change your contract.

Technically that's correct, but most contracts, including work-for-hire
contracts for film/TV work, don't specify the exact performance royalty
splits, they just specify that the writer is to receive the "writer's share"
of performance royalties.

However, joining a foreign PRO, according to members I've spoken with, may
indeed change the amount of writer's share, as direct members can and do
take advantage of the 60% or 66% writer's share paid by some European PROs
to local direct members. I personally know of US writers who are receiving
this, but only received it after resigning from ASCAP for the world other
than North America and joining a Euro PRO directly for representation for
the rest of the world and requesting that the Euro PRO treat the member as
they would a local direct member in that country per the Berne Convention
which requires that foreign authors be treated equivalently to domestic
authors.

It appears that unless you are a direct member of a foreign PRO that pays
according to these splits, the foreign PROs change the splits to 50/50 if
you're represented by ASCAP and BMI for the world.

And of course, being represented by a Euro mechanical rights organization
may be beneficial to writers when it comes to being paid mechanical
royalties.

Best,

Mark Northam


---------------------------------
Mark Northam - Publisher
Film Music Magazine / Film Music Weekly
The Professional Voice of Music for Film & TV
1-800-774-3700 ext. 702 / 310-645-9000 ext. 702
http://www.filmmusicmag.com
Yahoo/Skype: marknortham  /  AIM: mnortham