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#961998 05/31/12 01:46 PM
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Just thought I'd mention this for JPF members interested in film music libraries.

Some libraries make blanket licensing deals with Scripps network (Food Network, HGTV, DIY, etc...). Whereas the blanket deals leave the writer out of the licensing equation. No upfront licensing pay for the writer.

Adding salt to the wound... Scripps Network shows won't pay PRO royalties. So in essence, these kind of agreements with music libraries won't generate a bloody cent for the writer. So the writer is giving his tracks away free, while the libraries make money off your hard work.

Make sure any contracts with libraries you sign entitles you to 50% of all licensing (including a calculated cut of a blanket deal). Or have the library opt-out of blanket deals altogether.

Dang it, ya got to watch these guys every minute. mad

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Hey John,

To clarify.... how does the Food Network for example get away without filing Q sheets ? Or do they file them, and the money goes to Scripps ? What do the PRO's think of this ?

Curious....

cheers, niteshift

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Hey Nite, how's it going?

Scripps networks does not pay licensing fees to ASCAP/BMI/SESAC. How they get away with it? Good question.

John smile

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Scripps demands that all of the music for it’s shows be “direct licensed” only.

John

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Direct licenced ? So you "direct licence" for free ?

cheers, niteshift

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Depending on the arrangement you have with the library.

Most libraries won't share a blanket license, i.e., giving a client access to their entire catalog for $4-5 grand per quarter. Too difficult for the library to calculate each writer's compensation. So they say.

Some libraries will take 50% of the blanket licensing and just split the rest equally with the writers whose tracks were used. A little better. But using the $5,000 figure and 100 writers; the library would make $2,500 and each writer would earn $25.

John smile

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There are all kinds of deals made with music libraries. Don't always settle with their standard contract. Some libraries are willing to make changes - of course some diehards won't.

John smile

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Originally Posted by John Lawrence Schick
Scripps networks does not pay licensing fees to ASCAP/BMI/SESAC. How they get away with it? Good question.


Knowing the PROs, they're looking for mercenaries to destroy Scripps if this is true.

As for something being too hard to track, that's a bunch of BS. According the Library of Congress, 24.6 million items can be viewed online on their website. YouTube can count millions of hits a second. I just googled the word "shirts" and received 6,990,000,000 results (0.22 seconds). (That's 6 as in BILLIONS, folks!) If the info is available, they can track it easily.
.

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"As for something being too hard to track, that's a bunch of BS" - Sausagelink

Partly BS. Here's a blanket deal scenario (from my experiences):

Library X makes blanket deal with the Food Network. The Food Network pays Library X $3,000 licensing per quarter for access to a catalog of 50,000 tracks and 1,000 composers.

The Food Network uses 250 tracks in the first quarter (with 175 composers involved).

Since the Food Network signed a blanket deal, they don't want to be bothered with sending a detailed accounting of every track sold. The simplicity of a blanket deal is what makes it so appealing. Without this detailed accounting, it’s very difficult to distribute the licensing fees justly to the rightful composers (the ones whose music was placed). Not to mention the duration of each track used. One composer may have had 2 minutes of a track used, where another only had 2 seconds of a track used. This would also have to be calculated. Yes, I think this detailed accounting should be mandatory.

So okay, the composers don’t receive upfront licensing. Many music libraries don’t offer that anyway. The writer is still entitled to PRO royalties though. Unfortunately, PRO royalties don't exist under Scripps Network. So usually the composers are left out in the cold in blanket deals.

Here’s the math on the $3,000 blanket deal scenario if the library decides to split 50% of the licensing with the writers: Since there’s no detailed accounting, the library decides to split 50% of $3,000 with all the writers in their catalog (since the library has no idea what tracks/ writers got placed). So $1,500 divided by 1,000 writers gives each writer $1.50.
This is only one scenario. There are many variations thereof.

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Great research on blanket deals, John!
Gotta be careful where you sign those tracks to..

Tnx

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Originally Posted by the songcabinet
Great research on blanket deals, John!
Gotta be careful where you sign those tracks to..

Tnx


And to make matters worse, there are some "exclusive" music libraies that have this practice.

John smile

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Why would someone sign a deal like that where they will never get a cent while the library makes a good return.They steal from you and you give them permission to do so.


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Originally Posted by Everett Adams
Why would someone sign a deal like that where they will never get a cent while the library makes a good return.They steal from you and you give them permission to do so.


Because that is only part of the agreement with the library. Most composers aren't aware of the situation with Scripps. The composer will still get paid by their PRO with most TV placements on most networks. As long as cue sheets are turn in.

Some libraries are working on a solution to this problem.

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There's good and bad aspects in every library. However, getting paid zilch while the library and network benefit is unacceptable. Either the libraries have to stop dealing with Scripps networks or make them pay into the PRO's.

BTW, here are some of Scripps networks: HGTV, DIY Network, Food Network, Cooking Channel, Travel Channel, and country music network: Great American Country (GAC).

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Disgruntled composers do carry some weight.

Here's from Jingle Punks management:
"We don't issue blankets to Food Network (and other Scripps channels) anymore because of this"

Now if all the other libraries follow Jingle Punks lead, then the Scipps Networks will have to join the PRO’s – or have very little music available. Probably won’t happen though. There are still musicians willing to give their music away for free (or for a smidgen of fame).

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Thanks for the info exclamation

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Thanks for the info John. Very interesting and scary all at the same time :-)



Work for hire Producer. I will also produce and master any old/new work tapes up to demo standards. :-)
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If we're going to direct license our music, we should leave the music libraries out of the equation and go directly to Scripps Network clients.

I have an inquiry into ASCAP to find out if there would be any problems doing this. I don’t see why there would be, since many libraries do it. I’ll post ASCAP’s reply when I hear from them.

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Ev,

The reason is this simple and sad truth: Most (as in more than 50%) of ALL artist/writers out there will give their music away happily for free for the CHANCE to have it used on TV. And that number is likely way low. I bet over 1/3rd would PAY to have their music used on a TV show or to even have someone give them the mere hope that someone might listen to it. (I know this for a fact... I have seen empirical proof). Now, hopefully that doesn't include anyone who hangs out here, but I bet it does even though they may not admit it.

Brian


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"I bet over 1/3rd would PAY to have their music used on a TV show or to even have someone give them the mere hope that someone might listen to it" - Brian

Brian just yelled BINGO!

Can't think of any other service or product that would do this. Us musicians are an unusual breed.

John smile


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And when your music does get played on one of these network blanket license deals, you can't expect any credits to roll by with your song.

I mean, it's not like a program jocky will announce the song title and songwriter name, so no one will even know that your song played. frown

At least in the radio days, when songs got a rotation, the DJs would usually announce the name of the song and artist. The people could buy the album and also learn who the original songwriters were.



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Originally Posted by Michael Borges
And when your music does get played on one of these network blanket license deals, you can't expect any credits to roll by with your song.

I mean, it's not like a program jocky will announce the song title and songwriter name, so no one will even know that your song played. frown

At least in the radio days, when songs got a rotation, the DJs would usually announce the name of the song and artist. The people could buy the album and also learn who the original songwriters were.



Yes Michael, it's rare to see one's name in the credits for any music library placements. Music libraries usually get the credit.

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Scripps will ALWAYS have plenty of free music to use. The supply is unlimited and EVER GROWING LARGER!

Brian


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Originally Posted by Brian Austin Whitney
Scripps will ALWAYS have plenty of free music to use. The supply is unlimited and EVER GROWING LARGER!

Brian


You're probably right Brian. I'm hoping eventually Scripps will buckle under to ASCAP and BMI.

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Originally Posted by John Lawrence Schick
If we're going to direct license our music, we should leave the music libraries out of the equation and go directly to Scripps Network clients.

I have an inquiry into ASCAP to find out if there would be any problems doing this. I don’t see why there would be, since many libraries do it. I’ll post ASCAP’s reply when I hear from them.

John smile


Received this reply from ASCAP:

"Yes, you can legally license out to networks who are directly licensed with music publishers. All performance royalties will be distributed to the publisher/writer with no ASCAP involvement"

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Originally Posted by Brian Austin Whitney
Scripps will ALWAYS have plenty of free music to use. The supply is unlimited and EVER GROWING LARGER!
Brian

It's a fact of life that technology has made it easier and cheaper to produce seriously good sounding stuff. It's also legal (depending on the source material) to slice and dice and loop and sample and then call the potpourri "original". And the listening public often can't tell the difference and probably doesn't care!.

It sure presents huge challenges for musicians. I don't have any answers other than be a performing musician and somehow build up a fan base.

(this isn't an argument, basically just a reflection).

Peace,

Ian



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just getting rid of spam, sorry for the interuption.


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Since this thread popped back up to the front lines, here's an update on Jingle Punks...

They're now starting an exclusive catalog. They'll have both non-exclusive and exclusive catalogs. We were sent a new amended contract that we can sign, which means anything submitted after that date is considered exclusive, or we can decline - which means we'll still be part of the non-exclusive catalog.

The idea about having two catalogs is that some clients (mainly ABC) want exclusive tracks, while other clients don't give a hoot whether exclusive or non-exclusive.

Not sure whether I'll sign or not. It appears to be exactly the same deal as their non-exclusive agreement.

This seems to be happening more and more. Non-exclusive libraries turning exclusive, but still residing under the non-exclusive model, i.e., still making gratis, blanket deals where the composer only receives PRO royalties (no sync fees). Though Jingle Punks do pay sync fees on certain placements, but not on their blanket deals.

One other library I’ve been with for years just went exclusive. Wanted me to make all my pre-existing tracks exclusive (which they were in reality, but not contracted exclusively). Part of the new deal was no upfront sync fees any longer. I told them I would sign exclusively, but would still expect the 50/50 on the licensing. I was told that they can’t afford to pay upfront any longer. I found out they’re splitting the licensing with third parties. So in essence, the third parties take the composer’s licensing share.

Anyway, I’m seeing a lot of changes in music libraries. Mostly detrimental to the composer. But then, we only create the product.

John

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I've given up on libraries,they seem to be taking the songwriters for granted,using them to make money and giving as little as possible to the ones that supply them with what the industry needs,music. Then again we are only too happy to give our work away,just for boasting rights.


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Originally Posted by Everett Adams
I've given up on libraries,they seem to be taking the songwriters for granted,using them to make money and giving as little as possible to the ones that supply them with what the industry needs,music. Then again we are only too happy to give our work away,just for boasting rights.


Yeah, it's a mixed bag Everett. Still some good libraries around yet. But the music library model is re-inventing itself. Often with the composer just being an after-thought.

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Originally Posted by John Lawrence Schick
This seems to be happening more and more. Non-exclusive libraries turning exclusive, but still residing under the non-exclusive model, i.e., still making gratis, blanket deals where the composer only receives PRO royalties (no sync fees).

I recall someone being very adamant this wouldn't happen, around this time last year.

This is the route it's going to continue to go. The real benefit is a drastic reduction in competition of a composer competing with themselves from being in too many places with the same music under different titles. It will eventually put value back in music.

I'm an advocate of not retitling the same work. Composers need to do their homework and stop doing business with companies that aren't sharing sync. That will also put an end to that business model.


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Jody,

It's not so much the change in the client's/networks reluctance to use non-exclusive tracks. So far ABC is the only one that shows reluctance (same as last year). It’s more that some libraries want to broaden their appeal to selective clients, thus, having both non-exclusive and exclusive catalogs.

I think one factor in this move is the overabundance of music. Libraries will become more and more selective in what they place in their catalogs.

Many libraries have their in-house composers that get the premium jobs (themes, high paying commercials, etc.), thus, the outside composers only get leftovers. Not much incentive for going 100% exclusive. I’ll continue to use both models.

Best, John smile


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Someone on another website came up with a perfect analogy for the music library business:

"This is beginning to sound like a lot of people wandering around a casino wondering which slot machines are the “luckiest” and payout the best" grin

John smile

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Placing songs in TV and movies has become like the rest of the music business....the supply exceeds the demand by a thousand percent so the odds of anything worthwhile are slim without personal contact and someone pushing your wares.

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Originally Posted by DesireInspires
Placing songs in TV and movies has become like the rest of the music business....the supply exceeds the demand by a thousand percent so the odds of anything worthwhile are slim without personal contact and someone pushing your wares.


Hey D.,

Depends on the library and the product. It's good to have a specialty that sets you off from the others. I know quite a few musicians that have been successful with music libraries.

Wow, just noticed my original post was in 2012.

John smile

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Oh of course there are always some musicians who are successful. Somebody has to be successful. But I think the odds are stacked against many these days. It's just a reality.

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That being said, it wasn't any easier back in the old days. If you didn't reside in one of the major music centers (NYC, LA, Nashville) you didn't stand much of a chance. Now with the Internet, one can find success living anywhere. And that of course created more competition. The Music Industry has always been a tough egg to crack. Just a different kind of egg today.

John smile

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It's all about the work you put in and the advantages you discover from putting in that work!

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Originally Posted by John Lawrence Schick
Just thought I'd mention this for JPF members interested in film music libraries.

Some libraries make blanket licensing deals with Scripps network (Food Network, HGTV, DIY, etc...). Whereas the blanket deals leave the writer out of the licensing equation. No upfront licensing pay for the writer.

Adding salt to the wound... Scripps Network shows won't pay PRO royalties. So in essence, these kind of agreements with music libraries won't generate a bloody cent for the writer. So the writer is giving his tracks away free, while the libraries make money off your hard work.

Make sure any contracts with libraries you sign entitles you to 50% of all licensing (including a calculated cut of a blanket deal). Or have the library opt-out of blanket deals altogether.

Dang it, ya got to watch these guys every minute. mad

Best, John smile


John, what would the wording in such a contract look like ( so we can watch out for it ). ?

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Originally Posted by John Lawrence Schick
Just thought I'd mention this for JPF members interested in film music libraries.

Some libraries make blanket licensing deals with Scripps network (Food Network, HGTV, DIY, etc...). Whereas the blanket deals leave the writer out of the licensing equation. No upfront licensing pay for the writer.

Adding salt to the wound... Scripps Network shows won't pay PRO royalties. So in essence, these kind of agreements with music libraries won't generate a bloody cent for the writer. So the writer is giving his tracks away free, while the libraries make money off your hard work.

Make sure any contracts with libraries you sign entitles you to 50% of all licensing (including a calculated cut of a blanket deal). Or have the library opt-out of blanket deals altogether.

Dang it, ya got to watch these guys every minute. mad

Best, John smile



One thing i no longer do is sign deals with libraries that offer music as precleared tracks, one price fits all, placed in shopping carts on some website. I look for boutique type publishers.

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Sad but true. Just like there are plenty of hacks willing to play live gigs for free or "pay to play" they're KILLING us!


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Once again, sad but true. Looks like another avenue for we songwriters to make a little extra cash is closing.


bc
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BINGO!


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I have always felt that the only music of mine that I would allow to go to an agreement that includes a blanket license is music that did not take much time or effort to make. Unless it offered a worthwhile fee upfront.

I'd be better off sitting on the couch practicing scales.

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Originally Posted by Toby Barns
I have always felt that the only music of mine that I would allow to go to an agreement that includes a blanket license is music that did not take much time or effort to make. Unless it offered a worthwhile fee upfront.

I'd be better off sitting on the couch practicing scales.


Nah, practicing scales will dull the senses Toby. laugh

Best, John smile

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Yes, the anguish of practicing scales is brutally dulling. Thankfully my days of practicing multi-octave straight scale patterns are long past.

Not such pleasing memories!

It can be worth the time invested though, especially in song writing.

Every lick, riff or melody is based upon a scale, or combination of scales. Even if you literally play every half step, you are still playing a chromatic scale.

Add a bit of music theory knowledge to that and it can be really helpful when constructing melodies, harmonies or when you are looking for that next perfect chord.

Its basically, IMO, like: No Pain No Gain! :-)


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