I agree with Larry!
Regarding the PROs for specialty music such as "jingles", they can be completely circumvented via direct payment which is most often negotiated directly between the writer (or publisher) and the licensor. This principle also holds true for any kind of song, not just ad jingles.

On my Store & Licensing page I offer this option to licensors:
Performance rights may also be licensed directly for an additional price negotiated on a per-program (or period) basis and will be included "in writing" in our contract.

That simply means that if they pay me directly, I'll give them a contract they can show to any inquiring PRO such as ASCAP or BMI. Obviously, if they've pre-paid the performance royalty to me directly, they won't be liable to pay it again to one (or any) of the PROs.

I actually prefer this collection method for at least several good reasons:
1. I can collect the money in advance rather than wait 1 - 2 yeras to collect it from the PRO.
2. It can help my sale because I can offer the normal PRO royalty fee at an attractive discount which would otherwise cost me 15% on the PRO's fees.
3. It can help grow my list of credits with satisfied licensing customers. (Always a good thing!)
4. I don't have to worry that they'll forget to fill out a cue sheet and send it to the PRO. My performance royalties will never "fall through the cracks" if they've been paid for up front.
5. It's more likely that my licensors (customers) will come back to negotiate new deals which can save them money and time.

As a matter of fact, there's a whole sector of the industry for both TV and Radio that promotes the concept of direct "per pay" licensing. Here's a good example:
http://televisionmusic.com/libraries.html
They say:
Quote
Each of these companies [music libraries] has represented to the Television Music License Committee that they will license directly to a television station the performing rights to their music as well as the synchronization rights.

The Committee suggests that you negotiate whatever additional price will be involved for performing rights and that your station "get it in writing.

As you can see, direct licensing is a very realistic and economical option that publishers and media broadcasters have, plus of course it's also completely legal. I bet most music used for commercial ads are negotiated on a Direct License" basis because it's easier for businesses and ad agencies to control costs on a per-campaign basis.

So in terms of licensing and royalties, there's really not much difference between an jingle and a song. It's just a matter of how they're used and marketed.

Michael

There's nothing remarkable about it. All one has to do is hit the right keys at the right time and the instrument plays itself. -- Johann Sebastian Bach

MichaelBorges.com
LicenseQuote.com