[Fmpro] cue me in

[CORBERLAW@aol.com]

In a message dated 6/1/2008 5:05:33 AM Pacific Daylight Time,  
fmpro-request at nxport.com writes:

>  Mark N. (or anyone out there):
> 
> I am moving from individual  song licensing to complete film scoring
> (instrumental,  primarily).   When helping (i.e. making sure!) the producton
>  company 
> file an appropriate and correct cue sheet (BMI in my case),  what is the
> definition of a "cue"?    It occurred to me,  that in the case of a recent
> short film, 
> my music was nearly  throughout the film   (over 4 min of 6).   At times,  
music
> moved in and out of the dialogue or effects.      My understanding is that I
> can either list separate cues, or total  time of my music.   (Mark:   
according
> to a 2006  response you said that it didn't matter, financially, at least
>  background instrumental-wise, and I believe I have read that on ASCAP
>  websites.   I 
> assume BMI is the same.   BMI is a  bit harder to find this kind of
> information.


I think what you'll find is that regardless of how you do it, and I  doubt 
that you have less than full discretion in doing that, all of the music  for 
your one film will be given one "t-code" by your PRO, among other  reasons:  
because you will, if you do, register one copyright in the  entire score.  If you 
want to separate copyrights for different cues,  then you might be awarded 
different t-codes.  PRO registration is,  mostly, based on copyright registration 
because PROs administer the copyright in  the music (or the performance right 
that is part of the copyright), if there is  no registered copyright then 
they really have nothing to enforce, despite the  fog created otherwise on the 
issue.
 
All PROs really do is give a broadcaster or venue a license to say  that 
they're not infringing on a member's copyright when the member's music  is 
publicly performed on their channel or in their  nightclub.
 
The original registration for SKY CAPTAIN's score had multiple  t-codes.  
This was principally because the cues were separately registered  with the 
library of congress for copyright purposes.  At some point there  must have been an 
amended copyright registration because I believe SKY captain  has one t-code 
listed now for its logo only.
 
Most would no register separate copyrights for each cue because of  the cost 
involved.  
 
I am rather baffled when a piece of music does not have a copyright  
registration yet a PRO presumes to administer it and will, if necessary sue a  venue 
if the venue plays the piece without a license.  That lawsuit is in  federal 
court and it has to be alleged by the PRO that the music that was  publicly 
performed was properly registered with the registrar of  copyrights.
 
 
 
PROTECT  YOUR RIGHTS
Brian Lee Corber
attorney at law
_corberlaw at aol.com_ (mailto:corberlaw at aol.com) 
corberlaw.com
818-399-4735



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