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

[Lynne T. Conte]

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?  Yes, an
agent should be involved in negotiating advances from ASCAP and BMI if the
composer's agent is true and sincere to his/her profession to do what is
right for the composer.  As long as the agent is communicating closely with
the composer, knows what the composer wants, then the agent acts as a
business coordinator between ASCAP/BMI to make sure the composer is
compensated fairly for his/her work.

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?  Depends on how much work
the agent does business on publishing performance and if the composer once
again is being compensated fairly for their talents; depends on how much
work is involved for an agent.

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?  Once again, depends on how much
royalties are being paid out and how much work the agent does for the
composer; an agent's job is to do what is right for the composer, build
friendship, trust and fairness, and to represent their composer in the up
most professional manner.

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?  The
answer is the same as three; an agent's responsibilities are to always do
what is best for the composer with professional representation with close
business communications with the composer knowing their needs and wants.

It's all about the work, research, business coordinating to make the
composer successful

Music Agents - Who are They?:

"Music agents, who are also called booking agents, talent agents, or simply
agents, are the people who make the live music happen. A good agent with
well placed connections can make all the difference in getting a band in
front of the right audience and increasing their profile. Agents work
closely with promoters and record labels to make sure they bands on their
books are getting the proper exposure. Music agents also take care of the
neogtiations with promoters and venues when it comes to the pay for
performances and to arrangements for things like backline and
accommodation."

(http://musicians.about.com/od/otherindustrycareers/p/musicagent.htm)
Musically Yours,

Lynne T. Conte/Talent Manager
Conte's Networking Communications
1-707-440-2900


On 5/5/07, Mark Northam <mnortham at gmdgroup.com> wrote:
>
> 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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>
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-- 
Lynne T. Conte/Talent Manager
Conte's Networking Communications
1-707-440-2900