[Fmpro] 80% Non-Lyric Penalty?

[Mark Northam]

On 1/11/08 7:48 PM, "Pete" <musical411 at yahoo.com> wrote:

>> 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.

I would send him ASCAP's Richard Reimer's testimony immediately. The policy,
as is Reimer's testimony, is crystal clear and unambiguous. Either the cue
sheet is incorrect, or ASCAP has researched your particular cue and found it
to be background - remember - all background vocal cues are paid as features
by default. However, if ASCAP researches a particular cue during their "week
of accuracy" or in the case of a dispute, they can rule it a "background"
cue and pay it as such. But that does not change the ASCAP policy as clearly
portrayed by Reimer that BVs are paid as features by default when they
appear on a cue sheet.

> 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).

Let's try this again :-) ASCAP's policy, as stated by their Senior VP of
Legal Affairs, is that all BVs are paid as feature performancess by default
by ASCAP. That is an unfortunate truth for composers, but a very, very
fortunate truth for songwriters whose one minute cue, thanks to this policy,
gets a 500% increase in royalties. As one highly regarded ASCAP film
composers once told me, "That's the golden goose they'll protect till the
end."

> 
> 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.)

Huh? Reimer's testimony before the ASCAP Hearing Board confirmed that it is
ASCAP's policy to pay background vocals on TV within shows by default as
features. Here it is once again:

"Mr. Reimer, on behalf of ASCAP, conceded that when ASCAP receives cue
sheets containing the designation ³background vocal² it presumes that such
work contains lyrics and should receive feature credit."
www.ascap.com/reference/boardofreview_meyers.pdf
Top of page 6

Pete, you're obviously a very smart guy. But you seem to want to throw a wet
blanket on any and all criticism of ASCAP's negative treatment of composers,
even when it's right in front of you in the testimony of a top ASCAP legal
executive. I give up. If you're at the point where you now believe ASCAP's
own senior management would not give accurate testimony at an ASCAP Board of
Review Hearing, I can't follow you down that road. I have no reason to doubt
the integrity or honesty of Richard Reimer who, in my experience, has always
been quite direct about his positions on all things ASCAP.

Bottom line: the ASCAP policy of paying all background vocals on cue sheets
as feature performances by default was clearly and unambiguously stated by
ASCAP's top legal executive. It doesn't get any clearer or more
authoritative than that.

Best,

Mark Northam


---------------------------------
Mark Northam, CEO
Global Media Development Group

http://www.FilmMusic.net - Film & TV Music Job Listings

1-800-774-3700 ext. 702 / 310-645-9000 ext. 702
http://www.gmdgroup.com
Yahoo/Skype: marknortham  /  AIM: mnortham