CONTENTS

Videotape Supplemental Markets Fund that is paid for by ABC-TV,
since they own the cable station SOAPnet. This payment is for the
past Union sessions I’ve produced for the daytime drama series All My
Children, whose reruns are being shown on SOAPnet.
In order to get paid, there must be an AFM session contract filed with
the appropriate Local for the original session(s) for the sound recording.
If you ever did an AFM session for live television, this is something you
need to look into because they keep a page on their website that lists
names of people who have unclaimed checks with the fund.
A few years back, the payment schedule was erratic, but
during the past two years the checks have become
more stable, with an annual amount paid during
the month of May. Though many of the soap
series have been retired from the major
networks, they have found a new home on
cable TV and this is a great thing for the
daytime composers like myself, since we
all took a big hit when the majors canceled
the shows.
Know The Difference
Again it is important to be clear that, like
SoundExchange, the LTVSMF has its own
area of focus compared to the Performance
Rights Organizations. “The PROs manage
performance royalties for composers and
publishers of music,” adds Hoffman. “The Fund
collects and distributes supplemental market
payments due to musicians who performed under
the AFM Television Videotape Agreement. The
payments from the Fund are more of a delayed wage
compensation closely related to residual payments,
while payments from the PROs are royalties.”
You may ask, “Hey, where does the money come
from that the LTVSMF collects?” According to Hoffman, the
Fund collects monies from companies that are signatory to
the AFM Television Videotape Agreement. These are primarily
the major television networks (ABC, CBS and NBC), as well as
the Producers of the programs previously mentioned. “While the
residuals come, in large part, from current programs,” she says, “a
large number of older programs such as The Midnight Special, The
Carol Burnett Show, The Tonight Show with Johnny Carson and
many others also continue to pay residuals to the musicians who
worked on those shows.”
It is important to reiterate that the LTVSMF does not pay
royalties, but rather deferred wages that come from the
producer’s obligation to report and pay on supplemental
market revenue such as DVD sales, in-flight uses, uses on
Basic and Standard Cable, etc.
“Payments
can often
continue for many
years beyond the
time when these
Find Out About Neighboring Rights
If you are a music performer/artist or a label owner
who owns the master to commercial releases, there is
another royalty stream, called Neighboring Rights, that
cannot be overlooked.
All of the details and payment parameters for
Neighboring Rights have been outlined in the 1961
Roman Convention Treaty (http://tinyurl.com/kz245pq). The
Convention secures protection in performances of performers,
phonograms of producers of phonograms and broadcasts of
broadcasting organizations. Typically, in regards to Neighboring Rights,
the song is split into two halves: 50 percent goes to the Masters and
50 percent goes to the Performer. Money is collected from radio, TV,
theaters, clubs, restaurants, various streaming sources such as web
radio, satellite radio and other digital transmissions. Plus, collections
are made from private copying levies on blank recording media.
Not all countries, however, have neighboring rights representation
or participate in generating royalties. Participating countries to the
treaty, well over 30 in all, include Australia, Brazil, Canada, Congo,
France, Germany, Great Britain and Japan. (See the above link for a
complete list.)
Since the US is not included on this list, it can be a bit tricky for
American artists. For an American artist to be eligible, the music must
have been recorded in one of the participating countries. Lucky for
me, some of my releases on Instinct Records are eligible because I
recorded them in England, a country that is part of the neighboring
rights pact.
So if you recorded or mastered your CD in one of the participating
countries, you qualify as well. Complicated yes, but it is the reality. I
looked into various companies out there to collect these royalties for me,
but unfortunately, for obvious reasons, America does not have many.
Sena
After doing copious research, I joined the Dutch society, simply known
as Sena (http://sena.nl), to collect for me worldwide. Sena grants
licenses on behalf of the right holders to companies or organizations
that use music, and they collect the associated fees. Sena also
monitors and registers where, how and with what purpose music is
played, to get the appropriate license.
Does this sound familiar? Well, it should, because they are a lot
like the PROs except they handle the rights of the master
holders and the performers. I wish America had a
domestic society like this. The closest we have is
SoundExchange.
programs were
first produced.”
– Shari
Hoffman,
LTVSMF
Who is represented by Sena?
Sena grants licenses on behalf of the rightholders
to companies that use music, and they collect
the associated fees. Sena, additionally, monitors
and registers where, how and with what
purpose music is played. Then they distribute
the royalties correctly to their producers and
artists. As a neighboring rights society, Sena
represents Phil Collins, Coldplay, the Beatles,
the Rolling Stones, Mumford & Sons, Black
Eyed Peas and Christina Aguilera. Like our
American PROs, Sena has the laborious
task of inspecting playlists from radio and
television stations.
Sena abides by The Dutch Neighbouring
Rights Act of 1993, which gives performing
artists, film/record companies and broadcasting
organizations the right to decide whether a
performance may be recorded, reproduced or
broadcast, shown or played. They have what
is called a “right to payment,” which allows
commercially released music to be broadcast, with
the stipulation of a reasonable fee being paid.
I'm so pleased to know they enforce that “failure
to comply with the Neighbouring Rights Act is a
punishable offence.” Hell, if they enforced that in the
US, two-thirds of the country would be punished.
Last Word
As an indie artist, it is important to be involved with all
of these companies, so you can enjoy all of your future
royalties. As we know, royalties do not always get paid
to the appropriate person, but that does not mean you
should just sit and let it happen. You have to actively
search them out and get the right companies to represent
your music.
I actually found out about royalties Sena was holding for
me when I was contacted by a Dutch sub-publisher via email.
He wanted to collect them on my behalf (how sweet), but for
an outrageous fee of 50 percent! Absolutely ridiculous! So I
contacted Sena directly, joined and got paid royalties owed.
One of the most important pieces of advice I can give
anyone about any royalty source is to be sharp and on your
game. Soak up as much knowledge about it as you can.
Questions are your friend.
BRIAN TARQUIN is the winner
of multiple Emmy Awards,
having established himself
as a top-rated TV composer/
guitarist. In 2006 SESAC
honored him with the Network
Television Performance
Award. In addition, Tarquin
has produced and composed
the Guitar Masters series,
trading licks with such guitar
greats as, Leslie West, Steve
Morse, Billy Sheehan, Frank
Gambale, Andy Timmons,
Chris Poland (Megadeth) and
Hal Lindes (Dire Straits). For
further information, visit http://
tvfilmtrax.com.
42 November 2013 musicconnection.com