Hey
Indies:
Hollywood's Calling
Part 3
In
the past 2 issues, we explored negotiating music licensing
deals for Film & TV. Yes, I know. It was painful. But it
was a necessary stepping-stone to this month’s topic, the
after-market, so to speak, the royalties you get on the
back end (you know, after you’ve already spent that
up-front payment).
Before I get
into the complexities of how all of this works, consider the
email I received from Forrest Lee Jr., a songwriter, touring
guitarist and background vocalist who has recorded sessions
in Nashville, Austin, Seattle and various other markets. A
friend recently told him that he heard one of his songs,
"Second Hand Smoke," on Country Music Television,
so Forrest started watching the cable music channel closely.
Sure enough, he found that they were using his songs in
several shows.
Forrest wasn’t
sure how his music ended up on the channel, so he started
investigating. "After pondering for several days and
finally e-mailing anybody I had ever sent my material
to," he says, "I got a message from Pump Audio
stating that it was their dirty work that cracked open the
door. I had signed a non-exclusive deal with them in or
2001. Four years later they found an outlet for my material.
I just received my first royalty check for three placements,
which occurred six to nine months ago. I’ll have to wait
another six months for the next check, which will include
all of the shows in the last semester. In the CMT show ‘Popularity
Contest’ alone, they were using ‘Second Hand Smoke’
for the intro to every episode, and it ran a full 60
seconds! Then throughout the episodes, there were numerous
snippets of several other songs I had totally forgotten
about."
Now
understandably, Forrest doesn’t want everyone to know how
much money he makes off of this stuff. But he certainly isn’t
complaining. And he did tell me that he makes between $10
and $100 for each five-to-10-second use on CMT. That can
really add up. "I know several people that make a LOT
of money doing this type of work," Forrest says.
"One friend has four songs in a movie that came out
several years ago. It’s on TV less than 100 times per
year. He makes roughly $10,000 a year because of that movie
alone."
Now do I have
your attention? Long after you’ve spent that (often)
piddly up-front payment, a successful movie or TV show might
just earn you a nice steady stream of cash generated by
royalty payments and collected on your behalf by performing
rights organizations (PROs) such as ASCAP, BMI or SESAC (if
you own copyrights and are not a member of one of these
groups, you need to join up… now!).
Forrest Lee
Jr. belongs to BMI (and seems quite happy with it), but all
PROs collect royalties due their members and generally do a
great job. In the context of movies, you won’t get
anything for films shown in the
U.S. (unless it’s part of your licensing deal, which is
unlikely), but a portion of international box office
receipts actually do flow back to PROs. So if you get a song
in an internationally released movie that does well
overseas, you could receive a nice check at the end of the
year.
But the real
gravy comes when you get a song in a TV show or in a movie
that ends up on TV. That’s because PROs negotiate licenses
with every broadcast and cable channel out there on their on
their members’ behalf.
So every time
a network airs something with your song in it, you get paid.
Various factors, including which PRO you belong to will
determine the amount. I spoke with ASCAP Executive VP Todd
Brabec, who outlined four main areas that ASCAP uses
determine how much members receive for use of their music on
TV.
The Network -
Not all TV networks are created equal. At the top of the
food chain are the three major broadcast networks: ABC, CBS
and NBC. They pay the highest rates to ASCAP. Fox, WB and
Paramount pay a bit less. After that, the cable channels all
pay different amounts based on their revenues and other
factors, going all the way down to the smallest broadcast
stations, which pay the least amount.
The Time -
Prime time evening usage (from 7 p.m. to 1 a.m.) pays the
most- 100 percent of ASCAP's negotiated license fee. Usage
during the afternoon pays 75 percent, and morning usage pays
50 percent.
Type of Usage
- How your song is used on TV can make a huge difference in
how much money you get. ASCAP has several categories. As you
might imagine, a theme song on a sitcom is going to pay a
lot more than the song playing in the background during a
dialogue scene at night.
Number of
Uses - This is pretty easy to understand. If the movie or TV
show is shown once, you get one payment for use of your
song. If it's shown 20 times, you get 20X that payment, and
so on. So suffice it to say, if you wrote the theme song to
a hit show that gets played thousands of times in re-runs,
you're gonna be raking it in. Big time.
Variables
like these mean that rights holders can receive everything
from a few bucks to thousands of dollars, depending on the
situation. "All of these have different values in the
ASCAP system," says Brabec.
In case
you're wondering, PROs don't hire hundreds of people to
monitor TV music 24 hours a day. Instead they use
information documented on the network's cue sheets to
determine usage and payment. They audit cue sheets and even
do random checks to verify that they are accurate.
Just the
same, it’s not a bad idea to make certain that you have a
specific provision in your licensing contract that entitles
you the right to request an audit of cue sheets.
After all, PROs are looking after thousands of
members, not just you. "You have to make sure the cue
sheets are done correctly," says Ken Burry, a partner
at Greenberg Taurig’s entertainment practice in Los
Angeles. "That’s very important. A lot of money gets
lost if the cue sheets are incorrect."
At the end of
the day, it’s really hard to know how much money you will
collect in performance royalties because so many factors are
at play. "There is a certain amount of
unpredictability," notes Oren Warshavsky, a music
lawyer at Gibbons, Del Deo, Dolan, Griffinger and Vecchione.
And because ASCAP, BMI and SESAC all have different systems,
one song’s 3 co-writers—each with a different rights
organization—would receive different amounts of money for
the same exact placement.
Take ASCAP
and BMI, for example. While they both use cue sheets to
track usage, BMI tends to emphasize flat-rate payouts for
specific uses while ASCAP focuses more on a shared and
weighted system of distributions. The differences are far
too complicated to describe here. But how you expect your
music to be used on TV will help determine which PRO best
suits your needs. Do your homework, and call each
organization to get details. Compare BMI’s and ASCAP’s
system, and don’t forget SESAC, which does great work for
its members as well.
Oh, and just
to confuse you a bit more, consider this: If you actually
appear onscreen in any capacity (such as in the background
playing your song in a coffee shop during the scene), then
an entirely separate stream of royalties kicks in based on
collective bargaining rules governed by the American
Federation of Television and Radio Artists and the Screen
Actors Guild, including payments for every time your
performance airs. Those fees can become a nice chunk of
change in their own right and would be in addition to
performance royalties collected by ASCAP, BMI or SESAC.
In the end,
music licensing is a crazy, confusing world. But it can be a
great way to get some extra exposure, upfront cash and yes…
a nice stream of income on the backend. Now that you have
some understanding of the contracts and backend logistics
involved, you know of the rewards and some of the pitfalls.
So what do you have to lose? Ask questions; learn as much as
you can, send out your CDs and seize the opportunity - it's
the only way to get a seat on the gravy train.
(Mike
Grebb
is a writer, journalist and singer/songwriter based in
Washington, D.C. He just completed his debut solo record,
Resolution, which is available at www.mikegrebb.com,
as well as digitally on iTunes, MSN Music, Musicmatch,
Yahoo! Music Unlimited and other sites. You can also be his
friend on MySpace! www.myspace.com/mikegrebb).
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