[Fmpro] math facts

[CORBERLAW@aol.com]

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

SCENARIO  1: Three one minute Background Instrumental cues - paid at 20% of a
Feature  for a one minute cue.
Cue 1: 1:00 - Pay $20
Cue 2: 1:00 - Pay $20
Cue  3: 1:00 - Pay $20
Total Royalty: $60

SCENARIO 2: Three one minute  Background Vocal cues paid as features
automatically.
Cue 1: 1:00 - Pay  $100
Cue 2: 1:00 - Pay $100
Cue 3: 1:00 - Pay $100
Total Royalty:  $300

Result: a whopping 500% increase for the songwriters (or, a 80%  penalty for
composers, depending on the perspective you take) simply  because the music
has words. Even though BOTH usages are background and  indicated clearly as
so on the cue sheets. And, since ASCAP is a zero-sum  game, the more
royalties paid to songwriters means less royalties paid to  composers.


You are focussing on what the PRO pays its member not on what the  
broadcaster pays the PRO.  The broadcaster pays for one blanket license,  giving the 
broadcaster the right to broadcast anything with a member's music in  it.  So, in 
effect, let's say ABC pays BMI $150 million for all pieces of  music that it 
publicly performs.  Let us also say that over one year,   ABC broadcasts 
500,000 minutes of music total (250,000 ASCAP, 250,000  BMI).  ABC pays BMI 
$600/minute of music and each minutes is paid for  equally.  But the PRO turns around 
and pays some of the money paid that is  attributable to your film score to a 
songwriter so that songwriter can receive  from BMI more per minute than you 
do.
 
The "more money paid to songwriters" is really your  money.
 
Remember there is probably more film music on the broadcaster than  songs.
 
Film composers have lost more money from their PRO than they would  have ever 
paid someone to protect their rights. 
 
If your PRO showed on your quarterly statement the gross amount it  received 
from its licenses attributable to your music and you saw how much  money is 
being paid to someone else from that gross amount, you'd probably want  to do 
something about it.
 
It's even more complex and shadowy than  that.      
 

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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