[Fmpro] Songs in movies

[Michael Leahy]

One thing I would add to Mark's overview is the issue of mechanical rights. 
I'm not sure of the figure, but DVD use now outstrips theatrical. So most 
films - particuarly indie - earn more money through DVDs than through their 
careers in movie houses. So? So each time it is pressed, a DVD generates 
mechanical or synch rights. In the US, these are no longer managed by the 
Harry Fox Agency, so you have to come to an understanding with the producers 
as to what they are worth. It's worth bearing in mind, however, that 
mechanicals are not negotiable outside the US as there are fixed rates 
applicable. Going for a flat fee that includes non-US territories is not 
necessarily the best option for a songwriter, although it does have the 
benefit of being paid upfront (you can count about two years before seeing 
money coming through the PRO route).

One last thing: an appalling number of indie movies never get released at 
all. So avoid situations that tie up your publishing or ownership of the 
master unless a good advance is involved.

Michael

> Hi Brian -
>
> Welcome to the list!
>
> Performing rights royalties are paid to both the writer and publisher of
> music that appears in films. In the US, performing rights are no longer 
> paid
> by ASCAP and BMI on films that are shown in movie theatres, but if the 
> film
> airs on television in the US or on television or in theatres outside the 
> US,
> you should be paid performing rights royalties as the writer of the music.
>
> What's most important at this point is for you to make sure that:
>
> 1. You are a writer member of ASCAP, BMI or SESAC
> 2. The cue sheet for the film (the official listing of music in the film
> including the writers and publishers for each piece of music) has your 
> song
> and your name and society affiliation properly recorded
> 3. The cue sheet is properly filed with whatever society (ASCAP, BMI, 
> SESAC)
> you belong to.
> 4. The societies are aware of all airings of the film so they can pay you.
>
> It might seem from the above that you are having to do ASCAP's work for 
> them
> - well, in some ways that's true. But with all the music on the air today,
> it's easy for our friends at ASCAP to miss things here and there, and as
> you're the one with the financial interest in making sure you get your
> royalties, it's better for you to make sure the proper documents are 
> filed,
> etc rather than assuming others will.
>
> Good luck, and please feel free to post any and all questions you have 
> here
> on the Film Music Pro list.
>
> Best,
>
> Mark Northam
> Film Music Magazine
>
>
> On 6/5/07 10:20 AM, "Briangooby at aol.com" <Briangooby at aol.com> wrote:
>
>> I have a question - I'm new here....
>>
>> I have a song in an indie film.   I know there are NO performer royalties 
>> but
>> what about publishing royalties due to the songwriter.   Does ASCAP 
>> payout
>> anything at all for motion pictures??
>>
>> Thanks for your help.
>>