[Fmpro] BMI / Commercials

[Pete]

BMI sometimes pays Background and Feature rate for commercials? I didn't know that.

Sounds generous on paper, until you realize how those payments (for the same song played over and over all day) reduce payments to score composers.

Glad I'm with ASCAP.

Pete

--- On Thu, 7/31/08, LesHurdle <leshurdle at avradionet.com> wrote:

> From: LesHurdle <leshurdle at avradionet.com>
> Subject: [Fmpro] BMI>>> Dave Joining ASCAP/BMI
> To: fmpro at nxport.com
> Date: Thursday, July 31, 2008, 9:11 AM
> As a BMI Publisher I asked about the payment for
> commercials;
> 
> I received the following answer;
> 
> Please note the 'free air' requirements.
> 
> 
> 
> Dear Mr. Hurdle:
> 
> Thank you for your interest in commercial jingles.  Please
> take a few  
> moments to review the requirements for submitting
> commercial jingles.
> 
> In order for commercial jingles to be processed for
> payment, the  
> following materials need to be submitted simultaneously to
> our  
> Commercial Jingle Department:
> 
> -  A CD(audio), audiocassette, DVD, VHS videotape or
> QUICKTIME (PC  
> version) of the commercial as broadcast. In the case of TV 
> 
> commercials, the audio portion alone is sufficient.  All
> tapes must  
> be a final mix with voice-over. Please do not submit studio
> tapes.   
> These tapes will be retained in our files and not returned
> to you.
> 
> -  BMI Commercial Jingles Data Sheet and a copy of the Sync
> License  
> between the publisher and the advertising agency.  Public
> performance  
> rights must be clearly conveyed to the writer and
> publisher.  Only  
> one data sheet form needs to be submitted for each
> commercial or  
> commercial version.  If use continues after the initial
> time period  
> covered by the form, a letter from the agency to our
> Commercial  
> Jingle Department referring to the original form and
> updating the  
> time buy information is adequate.
> 
> -  Performance information submitted must include the
> network or  
> station call letters and the specific air dates for each  
> performance.  Redacted copies of station invoices will also
> be  
> accepted. BMI encourages electronic submission of airdates
> on either  
> diskette or E-mail using MICROSOFT EXCEL or other
> compatible software.
> 
> Documentation should be submitted to:
> 
> BMI Commercial Jingle Department, 10 Music Square East,
> Nashville,  
> TN  37203
> Or
> Promos at bmi.com
> 
> To qualify for Background payment, the commercial jingle
> must include  
> a minimum of 5 seconds of music, exclusive of any tags,
> logos, or  
> emblems of a single composition. Background payments are
> made for  
> performances only on network television - ABC, CBS, NBC,
> FOX, UPN, WB  
> and Syndicated television.
> 
> To qualify for Feature payment, the commercial jingle must
> include an  
> aggregate of 15 seconds or more of sole focus, without
> voice over of  
> a single composition.  Feature payments are made for
> performances on  
> network television (ABC, CBS, NBC, FOX, UPN, WB) network
> cable  
> television, syndicated and local television, cable and
> radio.
> 
> Please feel free to call me if you have any questions.
> 
> Sincerely,
> 
> Charlie Campbell
> BMI TV Operations
> (615) 401-5352
> 
> 
> 
> I than asked;
> 
> 
> Hi Charlie,
> 
> Thanks for the info.
> 
> I'm intrigued.
> 
> I have to assume the broadcasters pay for all of the music
> used on TV  
> either by a blanket license or a PPL license.
> Since BMI is licensing all music performances to
> broadcasters under  
> blanket licenses, what happens to the portions of the
> license fee due  
> composers whose commercials BMI chooses not to pay because
> it has too  
> much voiceover, etc?
> 
> Does the addition of voiceover to a commercial which
> doesn't leave 15  
> seconds of music in the clear effect the value to the
> broadcaster?    
> Why should this determine whether a composer is paid or not
> for a  
> legitimate music usage in a national advertising campaign
> especially  
> since the broadcaster has already pre paid for all of the
> airtime?
> 
> I look forward to your reply at your earliest convenience.
> 
> Les Hurdle
> 
> 
> 
> 
> So far .... nothing
> 
> Les