[Fmpro] Euro splits

[Michael Leahy]

I'm a member of Sabam (Belgium), the default split is 50/50 and anything 
else can be done but involves much teeth-gnashing. In general, the other 
splits now tend to be contractual, in that the publisher agrees to 
subsequently pay the relevant amount to the writer when he gets paid by 
Sabam (or whatever).

The one thing that really appalls me when dealing with US film and game 
producers is the idea that the mechanicals are negotiable. It's just not 
true outside the US and even if I did a deal that implies this, Sabam 
and Sacem will very actively pursue those rights irrespective of the 
contract. This inevitably causes much grief to companies that are not 
aware of this, and there are plenty of them on both the US and European 
side.

Making the mechanicals negotiable is a catastrophe, as it leads to 
situations where (a recent example) I was offered $600 for a placement 
in a film with major distribution (I have doubts about this deal, but it 
is nonetheless not exceptional as an offer). Knowing that sometimes up 
to 70% of revenue comes from DVD sales, and that non-US income totals 
over 50% of a film's income, you can quickly calculate the stunning loss 
of revenue this deal represents if the film does any business.

Nonetheless, smaller labels and composers are still willing to play 
ball. Eek!