[Fmpro] what happens? 66% Writer Share on French Performances - part 2

[Mark Holden]

PART 2

As for collecting the "2/3rds composer share" indigenous to France (and
elsewhere), you must be a member of SACEM to get it. As illustrated in part
1 of this post, if ASCAP or BMI collects for you worldwide, you're not even
receiving 50% of the proceeds-- you're probably collecting LESS THAN
ONE-THIRD. And with regard to foreign societies worldwide, you can expect
that money 2-to-5 years from the date of performance.

An excellent argument for affiliating directly with foreign societies. There
are other benefits as well, such as more complete reporting, faster
turnaround, paying one admin fee (not TWO), and that pension if you qualify.
But even after joining SACEM for the world, they probably won't give you
that two-thirds split unless you or your agent lobby HARD for it.

Why? It's that pesky American work-for-hire contract you signed that
stipulates a 50-50 split between you and your publisher. And that's one of
the first things SACEM will ask for when you apply-- providing them copies
of all your contracts. That, and copies of ORIGINAL cue sheets. (If you knew
how many "versions" of cue sheets that float around the world it would make
your head spin!)

The way around the contract is to remind SACEM that French law trumps
American law in France. I know composers who have lobbied for this and
actually receive the two-thirds share.

Very best,

Mark Holden
www.musicomm.net