[Fmpro] Non Payment... CPA (was Did you???????)

[LesHurdle]

Sorry for the c n p**
On Apr 4, 2008, at 12:01 PM, James Ryan wrote:

> Hi Les,
> Over the years you have coached us all to stand up and be counted.  I
> am not in the library world, and I won't pretend to know the ins and
> outs of how it works, but if I was, I would do everything in my power
> to make sure that my music was being watched over, PRO-wise.

Hi James

Rest assured I DO everything in my power to follow up and have to say  
'cause trouble'.
Fact is, when one does stir the pot the Library tends to put one's  
product on the back shelf ;-)

A few decades ago I had a jingle running in the tri state NW area,
No money.
Sent in the data, got a call from ASCAP, 'just because you can send  
in data doesn't mean you should be paid, that would be unfair to  
those who can't obtain data'.

It went downhill form there ;-)

Sorry if this gets long, but please stick with it... or not

Many years ago I co-wrote an electronic 'country' banjo CD with a  
couple of folk [on this list].
Everyone at APM laughed.... and LAUGHED.

One of my 'co's' lives on Houston, called me since one of the pieces  
was being used on a new Coors Beer Ad... Keystone Beer.
I called APM to make sure all the paperwork was done.
The then CEO [Bill Brooks] told me since it was radio it was only  
worth $5 and not worth their time to do paperwork [hmm].
I was shocked.

How many times per day was I losing $5????????

Called him back the next day and told him I wanted my share of the $5.
He said 'if you want it, go get it'.

No data from them ;-(
Where does one start?

I called C/S at Coors, made them understand I did not want $$'s just  
data.
They put me in touch with Foote Colne and Belding.......... I spoke  
to a gal there [who had the sexiest voice.. almost made me forgot all  
my woes ;-)]
She told me she would be happy to send the media buys etc etc.
I asked her about the problems the libraries claim they have getting  
such buys....... she said 'they tell us they don't want them' !!!!!!!

Anyway, huge packet via FedEx the next day.
I made 3 copies.
Sent one to ASCAP, APM and the Pub in Germany.

Slight tussle at ASCAP but the end result was a gross amount cheque  
of $16k  [RADIO !!!!!!!!!!!!!!!]

Of-course the folks at APM got the lions share for doing  
nothing......... however, from $5 [but zero really] to a few grand.

Don't seem to get much biz at APM these days ;-)

In another area.... and I'm not supposed to talk about this since I  
signed a non disclosure with ASCAP.

I have on cue on Everybody Loves Raymond.
I got a few bucks every quarter then one eve I saw the episode and  
the usage.
It was a Feature Performance.
Wow, the show had been on for a number of years !!!!!!!

Long story - short.

Called the Pub. guess who, [[must say APM is good really and I have a  
reasonable relationship with Adam]] , tried to get copies of cue sheets.
Finally got them from PRS in the UK ??????????????
Then from ASCAP......... I seem to recall 7 different cue sheets for  
US usage !!!!!!!!!!!

Anyway, one of the cue sheets proved the episode had been through the  
ASCAP analysis dept.
They ok'd the cue sheet, which did not indicate FP use for my cue.

I went round and round with ASCAP Mem Serv re the fact the usage was FP.
They wouldn't budge.
Even though he doesn't think so*........ had to get by *friend Doug  
Wood, as a Board member, to intercede.
Mem Ser finally buckled and agreed to change the 'weighting'

I asked for retro pay for the previous years.... they refused saying  
they only pay back 9 months.
A member of this list contacted me and verified he had a sim problem,  
with a SONG, and had been retro paid past 9 months.

More hassle with ASCAP..........  they would pay, but I had to sign a  
non disclose.
I complained to Doug, his POV [which was reasonable], do you want the  
money or not?
So I signed, they had 5 biz days to pay...... guess what, they  
didn't !!!!

So I guess they broke their own rule[s].

Mem Serv seldom reply to my requests these days,  unless I include Doug.

Scott, you asked a few days ago about my 'discrimination'  
allegation........  figure it out ;-)

The above are just a few of the battles I have had.... one was when  
ASCAP couldn't pay 3 writers the same amount.
The one with 34% was paid 10% less than the others ;-0
>
> Les, you are a sage old bugger.

They tell me up here in the mountains, if you burn sage on the open  
fire it smells like pot !!
> (sorry) I am not telling you anything
> you don't know, and if the money is as important to you as I think it
> is,

Actually the money is not important  ;-)

I've had my 15 mins of fame and made a few million..... divorce took  
care of that, but I do ok and live to fly these days ;-)
The real issue is 'WE' do not have service from those we pay, and PAY  
AND P A Y.

More to the point, those we do pay have an 'attitude' when we  
question them.......  even board members [well we don't pay them, but  
they do condone what we are NOT paid for !]

I've stated on this list so many times... not one of you/us has a  
statement which indicates the gross amount at source........ that  
alone gives everyone the 'right' to manipulate YOUR money.

> you'll figure out how to sit down with your Library folks and
> hammer out some kind of deal that will ultimately be very profitable
> for them aggregated out to all there writers and gets you what you
> deserve.

Tried to do this via the blanket license deals....... they have their  
'stars' who must be paid !!

>   If CPA is such a huge part of what's on the air, even at the
> pathetic rate it's paid, there is money to be made, the writers
> deserve it, and it is available if you are willing to go the extra
> mile, fill out the prehistoric forms, play the game and go for it.

Tell me any other industry where the 'inventor' gives up the major %  
of due income [for admin] and has to spend many hours per day chasing  
down that [now] small % of income?

We pay Publishers and PRO's to do a job....... they REFUSE.
>  I personally confronted John Lofrumento about this and got a
> polite "we're working on it" which appears to have gone nowhere so
> far.

I think he promise you watermarking in a year and that was 2 years  
ago ;-)
They are all very economical with the truth  !!

>   I get exhausted, I get frustrated, I get angry,

I'm past being angry;
1	My fellows are mostly cowards
2	The problems are huge and the suits laugh all the way to the bank
3	Those I vote for condone the non payment to members.

> I get paid, and so should you and anyone on this list who writes CPA.

AND HERE IS THE VERY BIG RUB,

I don't write CPA.

I write music.

The benefit of Library is one piece can be used for many different  
events in many different countries around the world..... it can  
[should] be very lucrative.
I have one errrrrrrrr   song     [sorry] which is a 70's 'naughty- 
sexy' thing which has been in documentaries, movies, jingles, etc  
etc.... I'm amazed at what some folk use the music for... one very  
busy 'chase' piece turned up in a bedroom love scene.......... maybe  
it was that P stuff ;-)

Anyway..... believe me......... I leave no stone unturned.

Oh......  re the water commercials, I had various folk at the sub pub  
here in LA 'look into it'... even the gal in accounting who was  
amazed 'we' weren't being paid.

ZIP............  I'll bet a board member got my money ;-)

L
>
> Very best,
>
> James

c n p
>
>