[Fmpro] Writers and Publishers

Mark Northam mnortham at gmdgroup.com
Thu Aug 2 01:13:51 GMT 2007


Just another example of how the Euro PROs can in some ways be way ahead of
the US PROs when it comes to how composers are treated.

The key question in all of this is:

If an overseas PRO pays 66/33 split in favor of the composer by default,
exactly who changes it back to 50/50 and robs the composer of his 16% if
that composer is an ASCAP member for the world?

Does the overseas PRO assume that the split should be 50/50 and changes the
split if it identifies that the writer is a member of ASCAP for the world?
(most likely scenario, I believe, but we're investigating)

Or does the overseas PRO send the money to ASCAP split 66/33 and ASCAP
re-allocates the money to 50/50? (doubtful from what Doug said)

Either way, as it appears the Euro PROs pay direct members, including US
members, at the default home rate because they have to under the Berne
Convention, anybody with any serious overseas royalty earnings ought to look
into direct membership in one of the overseas PROs such as SACEM.

* You may qualify for a pension from SACEM

* You get your money sooner

* The actual amount paid by the foreign PRO is disclosed on your statement

* You don't pay ASCAP the fees they take out of your foreign royalties

* You may be able to increase the writer's share from some overseas
performances up to 32% by joining direct and insisting that the Euro PRO
observe the Berne Convention and pay you according to their local rate
defaults.


Very interesting - 

Mark Northam


On 8/1/07 5:46 PM, "leshurdle" <leshurdle at avradionet.com> wrote:

> As far as I know GEMA is 60/40, SACEM  66.666/33.333 in favour of the
> composer, BY LAW**.
> Why wouldn't ASCAP people know this?
> 
> More to the point, if the o/s PRO has paid the composer an e.g. 60%
> share, what right does any other PRO have to take it away?







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