[Fmpro] 80% Non-Lyric Penalty?

[LesHurdle]

Are we all to presume by your silence Pete you don't want all music  
on air to be paid by PRO's even though the broadcasters pay for ALL  
music 24/7?

Anyone out there able to do the math were all music to be paid, and  
all music to be paid @ 1-1.

If not........ just what does any PRO member know how their PRO  
manipulates distribution[s$]....... ever seen a gross amount at  
source column on a PRO or Publisher statement.
The lack of such basic accounting data speaks volumes........ and all  
board members of ALL PRO's openly support such 'immoral' practices.

Seems no one has been able to get past another fact.
What is better for a composer who has music on air but is not paid by  
their PRO, zero from the PRO or 'some' $$'s from the broadcaster?

DO NOT misunderstand me, DL in my opinion is not a good idea, but if  
a PRO constantly fails to pay a writer, why shouldn't they go to the  
alternative?

BTW.......  last time I heard from an ASCAP VP.... DL was in excess  
of 25% of gross airtime.

L

DL  Direct Licence

On Jan 13, 2008, at 8:24 AM, Pete wrote:

> I promised the list, and myself, that I wouldn't write
> anymore. So, I'll just leave it at your quotes...
>
> Mark Northam wrote:
> I never said "music is whacked with an 80% penalty if
> it doesn't have lyrics".
>
> Mark Northam wrote:
> "Another benefit to keeping your mouth shut and
> smiling while your minute of...
>
> (and the portion I quoted for brevity)
>
> "music is whacked with a 80% penalty by ASCAP if it
> doesn't have lyrics."
>
>
> AND...
>
> Mark Northam wrote:
> "ASCAP pays all background vocals on cue sheets by
> default as features"
>
> Ed Baker wrote:
> "The production company listed my song as *BV on the
> cue sheet and so I was paid as background."
> *Background Vocal
>
> Pete
>
> --- bipcress at comcast.net wrote:
>> Precisely what is the
>> logic behind paying out more residual bucks to a
>> composer for music with
>> words, and less for instrumental compositions?
>
> I'm SO glad you asked that John! Cause, it isn't true.
> That's exactly why I've been debating this for a week.
> That's the perception Mark Northam creates when he
> makes statements like "Your music gets whacked with an
> 80% penalty if it doesn't have lyrics." NOT TRUE!
>
> The truth is, our music gets paid the same, regardless
> of if it's an instrumental or vocal, when it's on the
> radio, used in advertising, used as a show's
> themesong, played in a restaurant, dentist office, bar
> etc. Those aren't just a few rare exceptions, that's a
> large amount of the music paid through ASCAP/BMI.
>
> Then you have "Feature" use and "Background" use.
> Feature use is when the music becomes a main focus of
> the audience's attention. That happens when you see
> onscreen an orchestra performing live, a man playing
> harmonica in jail, a rock band jamming, an aerobics
> class dancing to a boombox, or when you hear lyrics.
> The lyrics become like a part of the scenes dialog and
> the logic is that it now becomes a primary focus of
> the audience's attention. It's no longer in the
> "background" supporting the scene.
>
> Finally, you have "Background" use, which is when the
> music is supporting the visuals on screen, but no
> longer a primary focus of the audiences attention.
> It's been debated that vocal music is never classified
> and paid as "Background" although there have been two
> cases discussed here where Vocal Music has been paid
> as "background" as well.
>
> You can call ASCAP and ask them yourself if what I'm
> saying is true. We can debate that the system could be
> done a million different ways. But, that's how it is.
>
> Hope that helped clear it up,
> Pete
>
>
>        
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