[Fmpro] 80% Non-Lyric Penalty?

[Pete]

--- Mark Northam wrote:
> OK, Pete, you've now listed about every conceivable
> if, and or but, and
> you're right, there are many scenarios. But we're
> talking about score here
> on television. Not CPA, not themes, not featured
> instrumentals with
> performers visible. Score.

No, actually you specifically said, "your music"
(along with some derogatory remark about me keeping my
mouth shut and smiling). Maybe you assumed my music is
always score, but it isn't.

> So let's get right to the point - do you believe
> that ASCAP policy about a
> minute of score music vs. a minute of song (listed
> above) is fair or not?

It's not about Score vs. Song. It's about Feature vs.
Background vs. Theme vs. Commercial music etc. My last
ASCAP check included a Feature Performance on a major
network for Cold Case for about $600, and a Background
Performance on Access Hollywood (not major network)
for $25. Yes, I think that gap could be closer, but in
general I believe the system is pretty fair. And trust
me, it's way easier for me to get 30 background cues
on Access Hollywood than to get one featured cue on a
major network show like Cold Case.

> And furthermore, do you agree with ASCAP's blanket
> assumption that all music
> with lyrics, even if barely heard in the background
> and clearly marked as
> "background vocal" on the cue sheet, is "featured"?

I don't know if that's true. My experience is that my
vocal song, "barely heard in the background and
clearly marked as background vocal on the cue sheet",
always gets paid the background rate. My publisher is
pretty aggressive, I'd think he'd get a feature rate
if he could.

But, the unfortunate truth is that it may be cheaper
for ASCAP to just give the higher rate to the few
people who actually complain and claim their vocal
songs are feature, although they might technically be
background (it's definitely a grey area). The
alternative is to fight out each vocal usage with
Lawyers. I worked in the accounting department of a
law firm. If a Lawyer sneezes and you say "God Bless
You", it just cost you ten bucks.

P.S. I just read your recent post and my last
paragraph seems to be supported by the fact that it
was "ASCAP VP of Legal Affairs Richard Reimer" who
said that vocal performances always get awarded
feature rate. I'm assuming he's a Lawyer, and the
truth might just lie elsewhere. (Not that all Lawyers
are evil.)

Best,
Pete Surdoval

> 
> Best,
> 
> Mark
> 
> On 1/11/08 6:05 PM, "Pete" <musical411 at yahoo.com>
> wrote:
> 
> > I hope that didn't "muddy the waters" for you and
> it's
> > perfectly clear that a minute of my music DOES NOT
> get
> > whacked with a 80% penalty by ASCAP if it doesn't
> have
> > lyrics. That statement is false.



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