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

[Lynne T. Conte]

Let's Look at the Question:

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?

These advances have been denied by ASCAP's CEO and some Board members.
Did they lie?

If Agents get comm on the advance, they should be responsible for the
entire operation........ this means making sure client is reimbursed
accurately, for all airings/downloads etc, on a global basis !!!!
Otherwise, how will client know they are being 'serviced' correctly
as per any terms of the advance?

The question is should the composer's agent be involved with negotiating
advances for composers at BMI/ASCAP?  It's the representative's job to
discuss business and to look out for the best interest of their clients, to
make sure that their clients are being paid for their talents.  Les you keep
asking this question here:  "Otherwise, how will client know they are being
'serviced' correctly as per any terms of the advance?"  As I mentioned,
composers/artists will sign to the appropriate publishing company in there
country similar to ASCAP or BMI; it's amazing how technology tracks all
this, hard to figure out, but intelligence makes that happen.

Musically Yours,

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


On 5/6/07, leshurdle <leshurdle at avradionet.com> wrote:
>
>
> On May 5, 2007, at 10:33 AM, Mark Northam wrote:
>
> >
> > 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?
>
> These advances have been denied by ASCAP's CEO and some Board members.
> Did they lie?
>
> If Agents get comm on the advance, they should be responsible for the
> entire operation........ this means making sure client is reimbursed
> accurately, for all airings/downloads etc, on a global basis !!!!
> Otherwise, how will client know they are being 'serviced' correctly
> as per any terms of the advance?
> >
> > 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?
>
> Totally disagree, unless Agent is 100% involved in tracking/collection.
> >
> > 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?
>
> Only if they are part of the process to insure income is a 100%
> correct....... on a global basis.
>
> Anyone can 'get the deal' we all know it is the 'back end' which is
> tough.
> >
> > 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?
>
> Sure, if they are involved in the entire process of actually
> collecting the money and PROVING accuracy
> >
> > I welcome any and all comments on this - let's discuss!
>
> Agents, like all 'staffers' must be made personally accountable.
>
> Les
>
> >
> > 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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>
>
> _______________________________________________
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-- 
Lynne T. Conte/Talent Manager
Conte's Networking Communications
1-707-440-2900