[Fmpro] Lyrics you win, no lyrics you lose

[Mark Northam]

On 12/13/07 1:06 AM, "LesHurdle" <leshurdle at avradionet.com> wrote:

> 
> On Dec 11, 2007, at 8:27 PM, Jim Chase wrote:
> 
>>   I hope that one or more the prolific composers on this list will
>> test that BV "ooh ahh" penalty by creating a piece that crosses the
>> boundary into nondescript vocal phrases.  What would ASCAP do then?
>> Oh yeah, probably ignore it.  "... we don't sample that."
> 
> 
> Peter Myers tested and lost....... rumour has it it cost 'us' ASCAP
> members around $1/2M to prove Peter wrong !

Yup - the Myers case was about vocalese (not oohs and aahs) performed by a
live vocalist with orchestra for some 1980s TV shows. ASCAP spent what was
likely hundreds of thousands of dollars (deducted from our royalty money, of
course) trying to prove that Myers' live vocal performance was not a "vocal
performance" per the weighting rules and was instead a case where "the voice
was used like an orchestra instrument". ASCAP won after many rounds in
arbitration and court (with an unlimited legal budget, who wouldn't?) and
stuck it to yet one more composer. The key issue: were there lyrics - ASCAP
has defined a "vocal performance" as containing lyrics.  This rule has one
singular purpose: to divert millions of dollars to musical works involving
lyricists. It's that simple.  It's staggering to consider how much money has
been diverted from composers with this simple, yet incredibly prejudicial
language.  And did organizations like the SCL stand up for Myers in a case
that could benefit all composers? Not a word. Clearly they didn't want to
offend their financial benefactors, ASCAP.

While "lyrics" might be defined as words in a language, the words "ooh" and
"ah" are in the dictionary, despite ASCAP's specific exemption for them,
humming and whistling.

> 
> I believe the 'magic' part of the 'song' in order to be paid as a
> feature is 'lyric'......... no matter what it is........  does Danny
> Lux get paid features on Boston Legal?

Yes, he does - I asked him. Now, Danny's a SESAC member and perhaps SESAC is
a bit less hostile towards non-lyricists than ASCAP is. But Danny's
co-writer on many background cues is a BMI member and he is likely getting
feature payment as well. The Boston Legal cues often involve words like "Oh,
Yeah, and other single syllable R&B stuff, so maybe those are considered
"lyrics". But any way you look at it, it's an artificial argument to say
that simply having lyrics is enough to ALWAYS make a cue worthy of a feature
performance. But until people start standing up and demanding change,
Marilyn Bergman, the lyricsts and songwriters will be laughing all the way
to the bank. And don't forget - when they're paid more, composers get less.

Mark N.



---------------------------------
Mark Northam, CEO
Global Media Development Group

http://www.FIlmMusicMag.com - The Professional Voice of Music For Film & TV

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Yahoo/Skype: marknortham  /  AIM: mnortham