[Fmpro] Agents, Royalties and Commissions (was: Simple Hello)

[Mark Northam]

This brings up an interesting issue...

Typically composer agents have only taken an interest (financially and
otherwise) in the up-front composing fees that are negotiated for a project.
Now, things are becoming more focused on the backend royalties as composer
fees continue to decline in many segments of the industry.

Here are three questions I'd like to get opinions on from all interested
folks on the FMPRO list...   In addition to the "Yes/No" aspect of this, it
would be interesting to see *why* you feel the way you do on these issues...

1. Should composer agents be involved in negotiating advances from ASCAP and
BMI (yes, they both give advances, but keep their programs quiet)? The
larger LA agents, especially those with "close ties" to the PROs, have done
this frequently, but not the smaller ones. And if they're able to negotiate
an advance for a composer from a PRO, should it be commissionable?

2. Some composer agents charge commissions on publishing performance
royalties if they're able to negotiate the deal so the composer gets to keep
the publishing on a project. Agree or disagree?

3. Should composer agents be entitled to commissions of any future royalty
income by the composer, including AFM special payments, performing rights
royalties from ASCAP/BMI/SESAC, performance royalties from SoundExchange,
etc, or other future royalty income?

4. Should composer agents be entitled to commissions on future payments on
deferred payment deals, where composers are paid a percentage of profits or
gross, or some other future payment based on the success of the film?

I welcome any and all comments on this - let's discuss!

Best,

Mark Northam


On 5/5/07 7:07 AM, "leshurdle" <leshurdle at avradionet.com> wrote:

> 
> On May 4, 2007, at 11:06 PM, Lynne T. Conte wrote:
> 
>> Article 14 of the Rome Convention set a minimum term for the
>> protection of
>> performers' rights of twenty years from the end of the year in
>> which the
>> performance was made: the TRIPS Agreement (Art. 14.5) has extended
>> this to
>> fifty years. In the European
> 
> I believe the USA was not a signatory to the Rome convention?
> 
> The real bottom line is how will YOU know when your clients work has
> been used?
> 
> L
> 
> 
> 
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