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November 1992

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Subject:
From:
"(David A. Roth)" <[log in to unmask]>
Reply To:
(David A. Roth)
Date:
Wed, 4 Nov 1992 16:58:50 EST
Content-Type:
text/plain
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In Regards to your letter <[log in to unmask]>:
>
> Do ASCAP and BMI have anything to do with securing the rights to music for
> films?
 
ASCAP and BMI do not act as publishers but are interested in the performance
of music in broadcasts, public performances and when it's screened
outside the US via the performing rights society in the respected
country.
 
Music usage in a nut-shell for filmmakers, (c) 1992 David A. Roth:
 
A "work" (i.e. composition, song, etc. ) is copyrighted.  When the
music is recorded the writers & publishers of that work generally
join either ASCAP or BMI.  They sign an agreement to give ASCAP or
BMI (not both) a blanket agreement to collect fees on their behalf
for the use of the recorded work in broadcasts on TV, Cable and Radio
(and movie houses outside the US.)  *However*, you must obtain sync-rights
to use the music in a film or TV program because you are folding in
that song as part of your "work" which is the film.  This is different
than simply broadcasting the music over a radio station.  BMI and ASCAP
need to be informed when the PICTURE(TV or Film) is given a performance.
 
Every film and TV program has a Music Cue Sheet which logs the usage of
all music in the PICTURE.  All the music used  must be
cleared with BMI or ASCAP before it's airdate for accounting purposes.
 
The Music Cue Sheet needs to be prepared by the production company,
usualy with the help of the composer and/or music editor.  It contains
usage information along with the timings for each music cue.  These
cue sheets are sent into ASCAP and BMI so they can credit the writers
and publishers of the music used.  The music cue sheet lists which
performing rights society the writers and publishers belong to.
 
I'm a BMI afflicated Writer and Publisher.  So an entry on a music
cue sheet would look something like this:
----------------------
CUE #023	CAR CHASE THEME		Usage: BI	     TIMING: 0:50
COMPOSER:	David A. Roth		SOC: BMI
PUBLISHER:	David A. Roth Music	SOC: BMI
		    Publishing
 
-----------------------
 
CUE #123 - this means it's the 23rd  music cue in the film.
CAR CHASE THEME - This is the title of the music or description of
it's usage.
Usage: BI - This means Background Instrumental. Usually better known
as underscore.
TIMING: 0:50 - the music cue lasts from start to finished, 50 seconds.
COMPOSER: - The name of the composer for this specific cue.  (Yes,
this must be listed for each cue!)
Publisher: - The name of the publisher for this specific cue. (This
too, must be listed for each cue.)
SOC: BMI - SOC stands for SOCiety.
>
> Perhaps screen-l readers would be interested in your answer.
 
With your suggestion, I also cc'ed the Screen-L mailing list.
 
 
David
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------------------------------------------------------------------------
 
        David A. Roth Music                 [log in to unmask]
        Post Office Box 1082                    From CompuServ:
        Westerville, Ohio 43081-1082        send >internet:[log in to unmask]
        U.S.A.
        Telephone: (614) 890-7684 ( 24-Hour Voice/Fax )
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