[Fmpro] ...... obscure royalty, etc.

[LesHurdle]

On Jul 13, 2008, at 1:56 PM, CORBERAMA at aol.com wrote:

> has anyone on this list ever received a royalty they knew to be   
> something
> called a broadcast/mechanical?  It emanates from European   
> countries.  As I
> understand it, it is a royalty payable generally by a  television  
> broadcaster
> which is part mechanical and part performance  royalty.
>
> I believe the broadcaster pays it to the in-country PRO and part o   
> it is
> paid by the PRO to the local sub-publisher which then pays it over  
> to the  US
> publisher and there, it seems, the money disappears into the  
> publisher's  coffers
> and is undisclosed.
>
> However, I was once told that Paramount pays these.  So, dos   
> anyone know if
> they've ever received this money?
>

Hi Brian,

You may recall, thanks to The ACCO... not the SCL as 'I have my ASCAP  
deal'  Dan Foliart seemed to believe,.........EU PRO's came to the  
USA to educate composers.  ASCAP of-course contended otherwise.
The EU PRO's spelled out the fact US composers are losing MILLIONS of  
dollars pa via the broadcast mechanical [BM].

Long story short;

EG; SACEM receives money from a broadcaster for the PERFORMANCE of  
music on air in France.
SACEM decided a portion of this income should be a 'mechanical'.
PLEASE one and all, do not confuse this with any sync or blanket  
licenses etc etc.  **
The logic behind the BM was.... in the old days a signal had to be  
retrieved from an inert place [a record] then transferred via  
mechanical and electro mechanical processes until it reached the  
antenna where it became a 'transmission over the air  
wave.............. this has been spelled out many time on this list,  
but the for the new folk...........

SACEM removes X% from the perfomring right and calls it a BM.
Depending on which EU PRO one is dealing with thr BM is anywhere from  
25-33%.... and the rules for application change also, but for the  
sake of this thread............. yes there is a BM and most are not  
being paid.

1	ASCAP/BMI/SESAC do not indicate the amount they pay via the EU is  
not 100% of the gross.
2	The BM is paid to the sub pub in the EU.......... are you entitled?
	a] In my opinion it is part of the performing right, a publisher may  
now see it is a mechanical and if a composer haa waived all  
mechanical rights....... kiss it all goodbye.
	b] as a PRS member, I receive my BM's via MCPS.

Bottom line........ how does a composer know [s]he is entitled to a BM?

L




**  Yet the very fact a broadcaster pays a fee [a mechanical]  for a  
performing right is a conundrum all its own.