[Fmpro] ASCAP's Advice for Filmmakers

[Mark Northam]

Below is some interesting information from ASCAP's website in their FAQ for
filmmakers - note that they actively are recommending composers and helping
filmmakers find composers... Any thoughts?

For me, it's not bad, but 2 points come to mind:

1. The salaries of all ASCAP staff are paid by ASCAP members. ASCAP staff
work for US, the members. Every penny of their salary and benefits is paid
for by monies raised by the performances of OUR music. How do they select
composers to recommend? Which composers are eligible? Where is this policy
advertised to composers? What safeguards are in place to prevent ASCAP staff
from playing politics with the selection process? I'd much rather see ASCAP
post these leads in a spot on the member area of the ASCAP site rather than
watching staff hand out these gigs to their "friends" (friends who don't
complain about ASCAP composer policies, no doubt). It's got to be a level
playing field if the system is paid for by all members.

2. I have an issue with the idea that the publishing is normally owned by
the film company for the film's score. This business model is NEVER
mentioned in their discussion of songs (which are always licensed, not
bought) and I think it bears a closer examination. In the interests of ASCAP
members, it seems to me that ASCAP should remain neutral on this issue and
not push a filmmaker one way or another - let the composer negotiate this
without "help" from ASCAP.


ASCAP FILMMAKER FAQ (Excerpt)
http://www.ascap.com/filmtv/faq.html

Q: HOW DO I FIND A COMPOSER TO WRITE ORIGINAL MUSIC FOR MY FILM?

A: Music that is composed specifically for a film, as opposed to
pre-recorded music placed in a film, is the film score. You can hire a
composer to write this music for you. ASCAP works with film composers and
composer agents at every level of experience and can help you find a
composer appropriate for your film at your budget.

Q: WHAT DO I PAY A FILM COMPOSER?

A: You will be paying a composer an up front fee for writing and recording
the music for your film. You will negotiate this fee based on your film
budget, the amount of music required, and the film composer's experience in
the industry. Again, fees vary significantly, case by case.

Q: WHO OWNS THE FILM SCORE?

A: Based on your negotiations with the film composer, your Composer
Agreement will spell out who owns the filmscore (that is, who retains the
publisher share of the music). This will either be the production company or
the film composer. If the production company pays the appropriate composer's
fee up front, it usually retains the publisher share of the music while the
composer retains the writer share. In this case, the production company will
need to set up a publishing company through ASCAP. When you call us to do
this, we can give you further detail. If the production company is unable to
pay the composer an appropriate fee up front (as happens often with
independent films but never with major releases), a composer will often
negotiate to keep the publisher's share of the music. Regardless, as a
filmmaker, if your film will have a broader release than at film festivals,
you need your Composer Agreement to give certain Broad Rights to the
production company: these may include worldwide synchronization; worldwide
free, pay, cable and subscription television; in-context and out-of-context
television advertising and film trailer use, including promos on other film
videos; theater distribution outside the United States; videocassette and
videodisc rights; all future technology rights whether now known or not.