[Fmpro] Did you???????

Mark Northam markn at gmocorp.com
Thu Apr 3 03:12:28 GMT 2008


On 4/3/08 12:53 PM, "chris at alpiar.com" <chris at alpiar.com> wrote:

> On a similar note, what happens with advertising music? I assume there are no
> royalties collected for them because they are paid ads and it is assumed that
> the ad agency (or whoever) has paid the artist(s) as a work for hire?

Actually royalties are COLLECTED by ASCAP and BMI for every single piece of
music on the air on television that is not direct licensed. That's what the
blanket broadcast licenses cover - ALL MUSIC. This is regardless of whether
the work is a work-for-hire or not - the writer always gets the writers
royalties unless he/she has specifically signed them away to someone else.

Problem is, ASCAP and BMI choose not to PAY certain types of music, or to
make it very difficult for composers of some types of music, like ad music,
to be paid the money ASCAP has already collected for their performances.

And of course, if the money's not collected by the ad music's composer, it
goes back into the POT to be collected by other members, artificially
inflating the checks of those other members.

Therein lies the heart of major issues with ASCAP and BMI. And as Les says,
under a blanket license, broadcasters pay no more for songs than they do for
score or for advertising music - it's all covered with no specifics as to
one type or another being more "valuable" to the broadcasters. ASCAP and
BMI, as has been discussed on this forum at length, introduce their own
"ideas" about what is "valuable" and not, creating massive differences
(3,000%) between what is paid for a minute of original ad music during a
program vs. a  minute of song within the television program. For example, if
a one-minute song within a television program is paid $100, one minute of
original music for advertising (aka "CPA music") on that very same program
is paid only $3 by ASCAP, if it's paid at all, as ASCAP requires copies of
the composer contract, confidential media buy sheets, and other information
about advertising music that is not requested of music within programs
(score and songs). 

More in the archives...

Best,

Mark Northam




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