[Fmpro] PRO strategy: need advice

[Merritt Music Productions]

Hi Scott.  In reality, there is no such thing as the kind of "buy out" you
are referring to.  

If the music plays on a station where PRO money is being paid out, then by
ASCAP or BMI contract, they MUST turn in a cue sheet, and that cue sheet
MUST list only the actual writer of the music.

Mark, is there some way to anonymously report cue sheet fraud?  Some
organization that will track down the listed composers and verify?

CM

Merritt Music Productions LLC
9701 Clearwater Drive
Knoxville, TN 37923
merrittmusic.com
(323) 306-3057 (Los Angeles)
(347) 767-2952 (New York)
(865) 686-6388 (Knoxville)
(865) 300-5473 (Mobile)
(323) 306-3058 (Fax)


-----Original Message-----
From: fmpro-bounces+chris=merrittmusic.com at nxport.com
[mailto:fmpro-bounces+chris=merrittmusic.com at nxport.com] On Behalf Of Scott
Szabo
Sent: Tuesday, October 02, 2007 5:12 PM
To: fmpro at nxport.com
Subject: Re: [Fmpro] PRO strategy: need advice

My last negotiations with an affiliate of CBS in Houston for a locally
produced show told me that they will only hire a composer as a work for hire
with no writer's royalty given either via a PRO or as a direct license. Cash
up front is all I could get...no back end. I passed on the job even though
the upfront pay was decent. Apparently I shouldn't have passed on the it,
but someone did the deal. The show is airing with music in it.

I understand that the local affiliates of the 3 main networks are arguing
that since the main network themselves are paying the PROs for network shows
like ER they feel they, they local affiliate don't need to pay anymore for
locally produced shows. Most of the locally produced shows are the local
news and some sort of "Good Day Houston" type of morning show. Has any of
the library composers out there received royalties recently for music for
local news packages? I am told they are all buy-out now.

Scott Szabo

-----Original Message-----
From: fmpro-bounces+scott=szabosoundandmusic.com at nxport.com
[mailto:fmpro-bounces+scott=szabosoundandmusic.com at nxport.com] On Behalf Of
Mark Holden
Sent: Tuesday, October 02, 2007 1:48 PM
To: fmpro at nxport.com
Subject: Re: [Fmpro] PRO strategy: need advice



On Mon, 1 Oct 2007 17:44:58 -0600
"Scott Szabo" <scott at szabosoundandmusic.com> wrote:

> By my understanding, The Food Network doesn't pay royalties. Locally
> produced shows of Network affiliates (ABC,NBC,CBS) don't pay royalties.


Hi Scott-- we should go a little deeper into what you're saying.

ALL TV broadcasters in the U.S. pay music performance fees, whether under
the traditional blanket licenses issued by our PROs, or under per-program
licenses (PPLs), MINUS the music the station has secured under direct and
source licensing of individual musical works and packages.

There's still a stipulation to secure performance rights in a direct or
source license. In other words, the right has to be paid for, although such
payments can exclude ASCAP and BMI.

I'm just trying to understand your statements above, and suspect someone may
be feeding you some bad info.

If you would, please elaborate as to why local programming from network
affiliates would be exempt from public performance license fees?

Thanks,

Mark Holden






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