[Fmpro] CPA (was Did you???????)

[James Ryan]

This is not my experience.  If you file the media invoices for  
national commercials, you should get paid.  National spots are not  
surveyed.  They are on census as in every single play paid for by the  
advertiser and invoiced on the media sheets gets a royalty.  This is  
the way it's supposed to be, and in my experience has been for years.   
The sample survey where you can get overlooked applies only to cable  
and local ads.  I'm not sure about radio.  Anyone?

Here's the checklist I use to avoid problems:

1) When making your deal with the ad agency, stipulate as part of the  
deal that they send you (redacted if they like) copies of the media  
buy invoices for filing with ASCAP.  This is a must for national spots  
and cable, but not necessary for local spots.
2) Make copies, save the originals and send the copies.
3) Check and double check that you have filled out all registration  
materials properly, and keep copies.  They may forget to tell you if  
you made a mistake on the registration, and your registration could  
find its way into the circular file.  I don't condone this.  It's an  
unfortunate situation, but has been a very real one in my experience.   
I cannot emphasize enough the backup copies.  ASCAP has lost a few of  
my registrations in the past, and the copies saved my butt.
4) Send all materials by registered courier, e.g. FedEx, UPS,  
Registered Mail Return Receipt.  You will want proof of delivery with  
a signature, if your materials are lost.
5) Follow up, follow up, follow up.  Don't be shy, the squeaky wheel  
gets the grease.  Don't wait until you get an empty royalty  
statement.  Call and make sure your registration went through and is  
being processed properly.  In the case of local and cable, if you know  
when and where your spots aired, you can even ask for the survey  
details for that period in that part of the country so you'll know if  
you should be paid.  This will also serve as evidence if you can prove  
you were included in the survey and somehow, weren't paid.

Les - did you do all of the above for your two national water company  
jingles and still not get paid?

Best,
James

On Apr 3, 2008, at 11:04 AM, LesHurdle wrote:

>
> On Apr 3, 2008, at 7:54 AM, James Ryan wrote:
>
>> OK, in a nutshell.  Most major ad agencies are now registered with
>> ASCAP.  That is because ASCAP does track commercials if you file your
>> paperwork the way they like it.  I can't speak for BMI as I'm not a
>> member, but in the past they did not pay on commercials.  SESAC may  
>> be
>> doing it now, you'll have to check.
>
> This was my entire point about 'variations' on ACE.
>
> Registrations, but no $$$'s.
>
> Why on earth should the composer have to find the media buy data?;
>
> 1	Most Ad agencies etc will not provide it
> 2	Errrr, isn't someone at ASCAP scratching their butt in the jingle
> dept.
> 3	You will still only be paid IF your music turns up in their
> survey... correct?
>
> Fact is.......... in the USA, no one wants to pay Ad's 100% of the
> airtime [even at 3% of a Feature Perf.].......... anyone.. why????????
>
> How does one provide a US PRO with announcement and and promo data?
>
> L
>
>
> _______________________________________________
> The Film Music Pro List is sponsored by Film Music Magazine -  http://www.filmmusicmag.com
>
> Best of FMPRO: http://www.fmproquotes.com - Quotes site  by Billy  
> Hale Music
>
> To edit your list options or unsubscribe, visit:
> http://nxport.com/mailman/listinfo/fmpro