[Fmpro] 50mil TV show downloads, 1.3mil movie downloads, zero composer royalties

Tue Jan 9 21:25:00 GMT 2007

Not that I wouldn't looooove to get royalties from tv/movie downloads, but if you do a score as a work for hire, which would encompass DVD/homevid distribution, why would the download of a TV show or movie be any different from the sale of a DVD, for which a composer gets no additional royalties?  To my knowledge, composers on those projects are just asking for more $$ upfront to encompass those rights.

I guess the point is, if ASCAP and BMI aren't paying us anything for a theatrical release or a DVD sale, why would anyone expect to receive $$ from an iTunes download of a TV show that one scored?

Kerry

-----Original Message-----
From: mark at gmdgroup.com
To: fmpro at nxport.com
Sent: Tue, 9 Jan 2007 4:05 PM
Subject: Re: [Fmpro] 50mil TV show downloads, 1.3mil movie downloads, zero composer royalties

On 1/9/07 12:44 PM, "James Ryan" <jeryan at optonline.net> wrote:

> Are you certain that PROs are not doing anything?

No, I'm not. I just haven't seen any news, announcements, or efforts to
enlist members to put pressure on the TV download services to start paying
performance royalties.

> Surely the songwriters
> and publishers have a deep interest in earmarking some of that income, and
> they certainly have not been shy about staking claims in the past.

Let's not forget that the publishers are likely far better off if these
royalties are mechanical-only. That blatant conflict of interest (the pubs
control ASCAP but are financially better off if these royalties are
mechanical-only) ought to be of concern to writers, especially composers who
write the majority of music on television and within films.

> Has anyone contacted Doug Wood to see if anything is being done?

Doug, please feel free to chime in here with any info. However, given the
strict secrecy rules at ASCAP where you aren't even allowed to reveal your
attendance records, I understand if you aren't able to provide this
information. 

> Composers aren't speaking up because individual voices make no sound in this
> context.  Is this list aware (I was told by my attorney who is a publisher's
> licensing corp like Harry Fox) that an individual cannot even place a
> product on iTunes.  It has to be done through a large intermediary clearing
> house.  Apple does not take orders, complaints or requests from individuals.
> They do not take the calls.  I would guess they would, however take a call
> from ASCAP's legal team.

Assuming ASCAP's legal team has been given the proper marching orders. Note
the publishers comment above.

> Also, I'm guessing fifty million downloads is not a huge number when you
> consider how many people watch first run broadcasts on a major network like
> CBS or NBC.  Anybody have the viewer stats on any of the CSIs?  ER?  Grey's
> Anatomy? Boston Legal(with all those vocals)? I would expect that a download
> is considered in a similar magnitude to a single watcher.  How many single
> watchers do you think there are during one week on ABC, NBC, CBS, Fox, etc.
> during the weekday 7PM to midnight slots?  I would guess a lot more than
> fifty million.  I think this is a work in progress and we will see some big
> developments soon.  This opinion is not supported by fact.  It is supported
> by hope!  (sorry)

I hope so too, but the lack of information and the labeling of score music
as second class product via the ASCAP weighting rules leads me to wonder how
much effort is truly being expended in this area. Every time I read more
over-hyped, breathless releases from ASCAP about the "I Create Music" show,
I have to wonder how many resources are being sidetracked from actually
going after and getting royalties for the members. Things are moving fast in
the world of downloadable TV and film, and ASCAP needs to be doing
everything possible to make sure the royalty disasters of the past - vastly
underpricing and underestimating the role of cable television, losing movie
theatre royalties, are not repeated due to inaction.

"I Create Music" is nice, but
"I Create Music and Get Paid for All My Performances" would be much more
appropriate...

Best,

Mark Northam

---------------------------------
Mark Northam - Publisher
Film Music Magazine
The Professional Voice of Music for Film & TV
http://www.filmmusicmag.com
1-800-774-3700 x702 / (310) 645-9000 x702

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